SUCCESSFUL TENDERER MAY THEN CARRY OUT TO ASCERTAIN WHETHER THAT OBLIGATION HAS BEEN COMPLIED WITH ARE IN HIS INTERESTS ALONE AND DO NOT AFFECT HIS LIABILITY TOWARDS THE SELLING AGENCY .
21 THE MEMBER STATES ALSO HAVE A SUPERVISORY DUTY TO PREVENT FRAUD . IT MUST BE EMPHASIZED THAT THIS SUPERVISORY DUTY IS OWED TO THE COMMUNITY AND THAT ONLY THE COMMUNITY AUTHORITIES MAY ACT UPON ANY BREACH OF SUCH DUTY . THE SUPERVISION EXERCISED IN THIS CONNECTION HAS NEITHER THE AIM NOR THE EFFECT OF DISCHARGING THE SUCCESSFUL TENDERER IN ANY WAY WHATEVER FROM HIS RESPONSIBILITIES ARISING FROM THE TENDER .
22 THE FUNCTION OF THE COMPULSORY SECURITY PROVIDED FOR BY REGULATION NO 232/75 IS TO ENSURE THAT THE SUCCESSFUL TENDERER ' S MAIN OBLIGATIONS , INTO WHICH HE FREELY ENTERS , ARE OBSERVED , BUT THE OBLIGATION TO PROVIDE THE SECURITY REMAINS SEPARATE AND THE RELEASE OF THE SECURITY DOES NOT DISCHARGE THE TENDERER FROM THOSE MAIN OBLIGATIONS .
23 IT ALSO FOLLOWS FROM THE FACT THAT THE SUCCESSFUL TENDERER IS RESPONSIBLE FOR THE USE TO WHICH THE BUTTER IS FINALLY PUT THAT IF SUBSEQUENT BUYERS HAVE NOT USED THE BUTTER FOR ITS PRESCRIBED PURPOSE THAT TENDERER MAY NOT RELY ON HIS GOOD FAITH OR ON THE CONTROL DOCUMENTS ISSUED BY THE COMPETENT AUTHORITIES OR PLEAD FORCE MAJEURE BECAUSE OF THE CONDUCT OF THE SUBSEQUENT BUYERS .
24 THE ANSWER TO THE FIRST FIVE QUESTIONS MUST THEREFORE BE THAT :
( I ) THE BUYER OF THE BUTTER WHO HAS GIVEN AN UNDERTAKING TO COMPLY WITH THE CONDITIONS REFERRED TO IN ARTICLE 6 ( 1 ) ( C ) OF REGULATION NO 232/75 OF THE COMMISSION ( THE SUCCESSFUL TENDERER ) IS NOT DISCHARGED FROM HIS OBLIGATIONS SOLELY BECAUSE THE PROCESSING SECURITY WAS RELEASED ON THE BASIS OF A CONTROL COPY REFERRED TO IN ARTICLE 18 ( 2 ) OF THE REGULATION .
( II)THE SUCCESSFUL TENDERER MAY NOT RELY ON THE LACK OF SUPERVISION BY THE CUSTOMS AUTHORITIES , HIS OWN GOOD FAITH OR ON THE ADMINISTRATION ' S PREVIOUS PRACTICE IN ORDER TO BE DISCHARGED FROM HIS OBLIGATIONS ; THOSE CIRCUMSTANCES DO NOT CONSTITUTE FORCE MAJEURE WITHIN THE MEANING OF ARTICLE 18 ( 2 ) OF REGULATION NO 232/75 .
THE SIXTH QUESTION
25 THIS QUESTION IS IN SUBSTANCE DESIGNED TO ASCERTAIN WHETHER COMMUNITY LAW REQUIRES THE SUCCESSFUL TENDERER , IN THE EVENT THAT THE BUTTER IS USED FOR AN IMPROPER PURPOSE , TO PAY THE DIFFERENCE BETWEEN THE PRICE WHICH HE HAD PAID AND THE INTERVENTION PRICE PREVAILING ON THE DAY WHEN HE SUBMITTED HIS TENDER AND , IF SO , WHETHER THE MEMBER STATES ARE OBLIGED TO RECOVER THAT AMOUNT .
26 THE PLAINTIFF IN THE MAIN PROCEEDINGS SUBMITS IN THIS REGARD THAT WHERE AN ECONOMIC ADVANTAGE PROVES TO HAVE BEEN WRONGLY GRANTED OUT OF COMMUNITY FUNDS , REGULARIZATION IS POSSIBLE - AND EVEN NECESSARY - UNLESS QUITE SPECIAL CIRCUMSTANCES EXIST . THAT CONCLUSION IS BASED ON ARTICLE 8 OF REGULATION NO 729/70 OF