Keywords

Summary



Keywords

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - AIDS FOR SKIMMED MILK AND SKIMMED-MILK POWDER FOR USE AS ANIMAL FEED - FIXING AN ' ' APPROPRIATE RELATIONSHIP ' ' BETWEEN THE AIDS - POWER OF APPRAISAL OF THE COMMUNITY INSTITUTIONS

( REGULATION NO 986/68 OF THE COUNCIL , ART . 2 ( 1)(D ) AND ART . 2A ( 3 ), SECOND SENTENCE ; COMMISSION REGULATION NO 1049/78 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - AIDS FOR SKIMMED MILK AND SKIMMED-MILK POWDER FOR USE AS ANIMAL FEED - FIXING AN ' ' APPROPRIATE RELATIONSHIP ' ' BETWEEN THE AIDS - CRITERIA

( REGULATION NO 986/68 OF THE COUNCIL , ART . 2A ( 3 ), SECOND SENTENCE )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - AIDS FOR SKIMMED MILK AND SKIMMED-MILK POWDER FOR USE AS ANIMAL FEED - FIXING - OBLIGATION TO FIX A MAXIMUM PRICE FOR SKIMMED MILK SOLD BY DAIRIES - NONE

( REGULATION NO 986/68 OF THE COUNCIL , ART . 2 ( 1)(A ))

4 . ACTS OF THE INSTITUTIONS - REGULATIONS - OBLIGATION TO STATE REASONS - IMPLEMENTING REGULATION - REFERENCE TO BASIC REGULATION

( EEC TREATY , ART . 190 )

Summary

1 . THE DETERMINATION OF AN APPROPRIATE RELATIONSHIP WITHIN THE MEANING OF THE SECOND SENTENCE OF ARTICLE 2A ( 3 ) OF REGULATION NO 986/68 BETWEEN THE AID FOR SKIMMED MILK AND THE AID FOR SKIMMED-MILK POWDER FOR USE AS ANIMAL FEED DEPENDS UPON A COMPLEX ASSESSMENT WHICH PRECLUDES THE APPLICATION OF THE CRITERION MENTIONED IN ARTICLE 2 ( 1)(D ) OF THAT REGULATION , WHICH RESTS ON OBSERVANCE OF A FIXED RELATIONSHIP BETWEEN THE AIDS IN QUESTION . ON THE CONTRARY , IT IMPLIES THAT THE COMMUNITY AUTHORITIES ENJOY A MARGIN OF DISCRETION IN THE MATTER WHICH PERMITS THEM TO LAY DOWN THE RELATIONSHIP BETWEEN THE AID FOR SKIMMED MILK AND THE AID FOR SKIMMED-MILK POWDER HAVING REGARD TO ALL THE MARKET INFORMATION LISTED IN ARTICLE 2A ( 1 ) AND TO ADJUST THAT RELATIONSHIP IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMMON ORGANIZATION OF THE MARKET TO WHICH THE PRODUCTS INVOLVED ARE SUBJECT .

2 . WITHIN THE CONTEXT OF THE DETERMINATION OF AN ' ' APPROPRIATE RELATIONSHIP ' ' WITHIN THE MEANING OF THE SECOND SENTENCE OF ARTICLE 2A ( 3 ) OF REGULATION NO 986/68 BETWEEN THE AID FOR SKIMMED MILK AND SKIMMED-MILK POWDER FOR USE AS ANIMAL FEED , THE REASONS WHICH ARE SUCH AS TO JUSTIFY THE SIZE OF THE GAP TO BE CREATED BETWEEN THE AID FOR SKIMMED MILK AND THE AID FOR SKIMMED-MILK POWDER MAY NOT BE BASED ON THE PARTICULAR POSITION OF CERTAIN UNDERTAKINGS OR GROUPS OF UNDERTAKINGS CONCERNED BUT MUST STEM FROM THE SECTOR CONCERNED AS A WHOLE AND FROM A COMPREHENSIVE ASSESSMENT OF THE RELATIONSHIPS SUBSISTING IN THE COMMON MARKET BETWEEN THE ONE PRODUCT AND THE OTHER .

3 . ARTICLE 2 ( 1)(A ) OF REGULATION NO 986/68 DOES NOT REQUIRE THAT A MAXIMUM PRICE MUST ALWAYS BE FIXED FOR SKIMMED MILK SOLD BY DAIRIES TO FARMS WHICH USE IT AS FEED WHENEVER THE RELATIONSHIP BETWEEN THE AID FOR SKIMMED MILK AND SKIMMED-MILK POWDER IS FIXED IN SUCH A MANNER THAT SKIMMED MILK BENEFITS FROM A RELATIVELY LARGER AID THAN THAT GRANTED FOR SKIMMED-MILK POWDER . THE FACT THAT COMMISSION REGULATION NO 1049/78 DOES NOT PROVIDE FOR THE FIXING OF SUCH A PRICE DOES NOT THEREFORE AFFECT THE VALIDITY OF THAT REGULATION .

4 . THE STATEMENT OF THE REASONS UPON WHICH A REGULATION IS BASED MUST BE REGARDED AND ASSESSED IN THE CONTEXT OF THE BODY OF LEGISLATION OF WHICH THAT MEASURE FORMS AN INTEGRAL PART . THEREFORE , THE REQUIREMENTS OF ARTICLE 190 OF THE EEC TREATY ARE SATISFIED IF AN IMPLEMENTING REGULATION CONTAINS AN EXPLICIT REFERENCE TO PROVISIONS OF THE BASIC REGULATION AND THUS ALLOWS RECOGNITION OF THE CRITERIA WHICH WERE TAKEN INTO ACCOUNT WHEN THE REGULATION WAS ADOPTED .