TO KEEP HIMSELF INFORMED ABOUT THE PROCESSING OF THE BUTTER AND MAKE SURE THAT IT IS DULY PROCESSED BY THE SUBSEQUENT BUYERS WITHIN THE PRESCRIBED PERIOD . IT ALSO CONSIDERS THAT THAT PERIOD CANNOT BE REGARDED AS SERVICING PURELY ADMINISTRATIVE PURPOSES ; IT IS LAID DOWN FOR THE PERFORMANCE OF THE OPERATION IN THE INTERESTS OF BOTH THE SUCCESSFUL TENDERER AND THE ADMINISTRATION .
35 IT MUST BE POINTED OUT FIRST OF ALL THAT THE ARTICLE IN QUESTION LAYS DOWN ONY ONE 30-DAY PERIOD WHICH CONSTITUTES AN EXTENSION OF THE SIX-MONTH PERIOD WITHIN WHICH THE BUTTER MUST BE PROCESSED . IT PROVIDES THAT AN APPLICATION FOR A REDUCTION IN THE AMOUNT OF THE PROCESSING SECURITY TO BE RATAINED MUST BE SUBMITTED WITHIN THAT SAME PERIOD . THE COURT HAS NOT RULED ON THE QUESTION WHETHER THAT PERIOD IS COMPATIBLE WITH THE PRINCIPLE OF PROPORTIONALITY .
36 NEXT , IT MUST BE POINTED OUT THAT , IN ORDER TO ASCERTAIN WHETHER A PROVISION OF COMMUNITY LAW IS CONSISTENT WITH THE PRINCIPLE OF PROPORTIONALITY , IT MUST FIRST BE DETERMINED WHETHER THE MEANS APPLIED TO ACHIEVE ITS AIM CORRESPOND TO THE IMPORTANCE OF THAT AIM AND , SECONDLY , WHETHER THEY ARE NECESSARY IN ORDER TO ACHIEVE IT .
37 THE SECOND SUBPARAGRAPH OF ARTICLE 19 ( 2 ), WHICH ALLOWS THE PENALTY FOR EXCEEDING THE SIX-MONTH PERIOD TO BE REDUCED IN PROPORTION TO THE LENGTH OF TIME BY WHICH THE PERIOD IS EXCEEDED , MAKES SUCH A REDUCTION CONDITIONAL ON THE SUBMISSION OF AN APPLICATION TO THAT EFFECT WITHIN THE PERIOD IN QUESTION . THE PURPOSE OF THAT CONDITION IS TWOFOLD : TO ENABLE THE TIME BY WHICH THE SIX-MONTH PERIOD HAS BEEN EXCEEDED TO BE ASCERTAINED AND TO STABILIZE THE POSITION FROM THE ADMINISTRATIVE POINT OF VIEW , ALWAYS HAVING REGARD TO THE PROPER FUNCTIONING OF THE SCHEME ESTABLISHED BY REGULATION NO 232/75 .
38 IN VIEW OF THAT AIM , THE PERIOD IN QUESTION CANNOT BE CONSIDERED EXCESSIVELY SHORT . IT IS NOT IN FACT UNREASONABLE TO REQUIRE A PERSON WHO HAPPENS TO HAVE EXCEEDED THE SIX-MONTH PERIOD TO SUBMIT HIS APPLICATION WITHIN A PERIOD NOT EXCEEDING 30 DAYS .
39 IT FOLLOWS THAT THE PERIOD IN QUESTION CANNOT BE CONSIDERED EXCESSIVELY SHORT IN RELATION TO THE AIM UNDERLYING THE SECOND SUBPARAGRAPH OF ARTICLE 19 ( 2 ).
40 THE ANSWER TO BE GIVEN MUST THEREFORE BE THAT CONSIDERATION OF THE THIRD QUESTION HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF THE SECOND SUBPARAGRAPH OF ARTICLE 19 ( 2 ) OF REGULATION NO 232/75 .
Decision on costs
COSTS
41 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . SINCE THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION ON COSTS IS A MATTER