Opinion of the Advocate General — ECLI:EU:C:1998:116
Date: 1998-03-19
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Cereals
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 
Agriculture — Common organisation of the markets — Cereals — Rice — Production refunds — 
System of securities — Proper use of a product falling within CN code 3505 10 50 — Obligation 
constituting a primary requirement — Time-limit for proving compliance with the requirement 
(Commission Reguládon No 2220/85, Arts 20(2), 22(1) and (2) and 28; Commission Regulation 
No 1722/93, Art. 10(1)) 
I - 4729 
SUMMARY — CASE C-287/96 
Article 10(1) of Regulation N o 1722/93 lay­
ing down detailed rules for the application of 
Regulations Nos 1766/92 and 1418/76 con­
cerning production refunds in the cereals and 
rice sectors respectively must be interpreted 
as follows: 
— the use of a product falling within 
C N code 3505 10 50, as prescribed by 
that provision, and involving either its 
subsequent transformation into a pro­
cessed product other than starch or its 
export to a third country, constitutes a 
primary requirement within the meaning 
of Article 20(2) of Regulation No 2220/85 
laying down common detailed rules for 
the application of the system of securities 
for agricultural products; 
— compliance with that requirement must 
be proved within the time-limits laid 
down in Article 28 of that regulation, fail­
ing which the whole of the security 
becomes forfeit pursuant to Article 22(1) 
and (2) of that regulation. 
I - 4730