Avis juridique important

61988J0013

European Court reports 1989 Page 00337 Pub.RJ Page Pub somm

Keywords

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Agriculture - Common organization of the markets - Cereals - Rice - Production refunds for the use of starch - Conditions for granting such refunds - Use of products derived solely from specified raw materials - Starch obtained partly from other products - Disallowed - Whether legal ( Council Regulation No 1009/86; Commission Regulation No 2169/86, Art . 4(3 ) )

Summary

Article 6 of Council Regulation No 1009/86 establishing general rules applying to production refunds in the cereals and rice sector empowers the Commission to lay down detailed rules for the application thereof .

In determining the extent of the powers thus conferred by the Council on the Commission, the reference to "implementation" in Article 155 of the Treaty must be interpreted widely ( see judgment of 30 October 1975 in Case 23/75 Rey Soda (( 1975 )) ECR 1279 ); the Commission is authorized to adopt all the measures which are necessary or appropriate for the implementation of the basic legislation, provided that they are not contrary to such legislation or to the implementing legislation adopted by the Council ( see judgment of 15 May 1984 in Case 121/83 Zuckerfabrik Franken (( 1984 )) ECR 2039 ).

Article 4(3 ) of Commission Regulation No 2169/86 laying down detailed rules for the control and payment of the production refunds in the cereals and rice sectors can validly, in the light of Council Regulation No 1009/86 establishing general rules applying to those production refunds, make the grant of such refunds conditional on a declaration by the manufacturer that the starch to be used has not been produced from a raw material other than maize, wheat, rice or potatoes .

In view of the divergences between the Community provisions governing refunds in the various sectors covered by common organizations of the market, and since it is impossible for national authorities using the normal methods of inspection to determine the ratio between the basic products used in the manufacture of certain goods obtained partly from cereal or rice starch and partly from sugar-based products, there was a serious risk, which the Commission could legitimately decide to eliminate, that producers might attempt to obtain refunds without due entitlement .

Parties

In Case 13/88

REFERENCE to the Court under Article 177 of the EEC Treaty by the Finanzgericht Rheinland-Pfalz ( Finance Court of the Rhineland Palatinate ) for a preliminary ruling in the proceedings before that court between

Knoeckel, Schmidt & Cie . Papierfabriken AG, a company incorporated under German law, whose registered office is at Lambrecht ( Federal Republic of Germany ),

and

Hauptzollamt ( Principal Customs Office ) Landau

on the interpretation of Council Regulation No 1009/86 of 25 March 1986 establishing general rules applying to production refunds in the cereals and rice sector ( Official Journal 1986, L 94, p . 6 ), and on the validity of Commission Regulation No 2169/86 of 10 July 1986 laying down detailed rules for the control and payment of a production refund in the cereals and rice sector ( Official Journal 1986, L 189, p . 12 ),

THE COURT ( Second Chamber ),

( the grounds of the judgment are not reproduced )

composed of T . F . O' Higgins, President of Chamber, G . F . Mancini and F . A . Schockweiler, Judges,

in answer to the question referred to it by the Finanzgericht Rheinland-Pfalz, by order of 16 December 1987, hereby rules :

Operative part

Article 4(3 ) of Commission Regulation No 2169/86 of 10 July 1986 laying down detailed rules for the control and payment of the production refunds in the cereals and rice sector can validly make the grant of production refunds conditional on the presentation of a declaration by the manufacturer that the starch to be used has not been produced from a raw material other than maize, wheat, rice or potatoes .