SHALL NOT EXCEED ONE DAY PER 40 TONNES OF CEREALS PROCESSED ".
THE COURT IS ASKED WHETHER THIS PROVISION MUST BE INTERPRETED AS MEANING THAT THE OWNER OF AN UNDERTAKING IS ENTITLED TO THE PREMIUM IF HE DENATURES A QUANTITY OF LESS THAN 40 TONNES, WHETHER OR NOT THIS AMOUNT IS THE TOTAL AMOUNT OR THE BALANCE THEREOF, IF THE DURATION OF THIS DENATURING PROCESS DOES NOT EXCEED ONE DAY, OR WHETHER THE AUTHORS OF THE REGULATION INTENDED TO DETERMINE THE MINIMUM AMOUNT TO BE DENATURED EACH DAY AT THE SAME TIME AS THE DURATION OF THE DENATURING PROCESS .
2 THE FILE SENT TO THE COURT BY THE NATIONAL COURT SHOWS THAT, AFTER THE PLAINTIFF IN THE MAIN ACTION HAD APPLIED TO THE COMPETENT INTERVENTION AGENCY FOR AND OBTAINED FROM IT A PERMIT TO DENATURE 200 TONNES OF WHEAT, IT NOTIFIED THE SAID AGENCY IN ACCORDANCE WITH THE ADMINISTRATIVE INSTRUCTIONS IN FORCE IN THIS CONNEXION IN THE FEDERAL REPUBLIC OF GERMANY THAT IT WOULD CARRY OUT THE DENATURING ON 24, 25 AND 26 AUGUST 1971 .
THE TOTAL QUANTITY TO BE DENATURED WAS REDUCED DURING THE PROCESS TO 173.4 TONNES, 74.4 TONNES OF WHICH WERE PROCESSED ON 24 AUGUST, 71.5 TONNES ON 25 AUGUST AND 27.5 TONNES ON 26 AUGUST 1971 RESPECTIVELY .
THE ANSWER TO THIS QUESTION MUST ENABLE THE NATIONAL COURT TO DECIDE WHETHER THE AMOUNT OF 27.5 TONNES CAN BE TAKEN INTO ACCOUNT WHEN GRANTING THE DENATURING PREMIUM .
3 ARTICLE 7 OF REGULATION NO 120/67/EEC OF THE COUNCIL OF 13 JUNE 1967 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( OJ, SPECIAL EDITION, 1967, P . 33 ) AUTHORIZES THE INTERVENTION AGENCIES, WITH A VIEW TO SUPPORTING THE MARKET FOR PRODUCTS WHICH CANNOT BE SOLD IN THE NORMAL WAY, TO GRANT A DENATURING PREMIUM FOR COMMON WHEAT AND PURSUANT TO THIS PROVISION REGULATION NO 172/67 LAYS DOWN THE GENERAL RULES FOR ATTAINING THIS OBJECTIVE .
THE SECOND RECITAL IN THE PREAMBLE TO THIS SECOND REGULATION STATES THAT IN VIEW OF THE AIM PURSUED DENATURING CAN ONLY BE JUSTIFIED IF IT IS APPLIED TO BREAD-MAKING CEREALS OF A CERTAIN MINIMUM QUALITY AND IF, HAVING REGARD TO THE COSTS ENTAILED BY THE SUPERVISION OF DENATURING, IT IS APPLIED TO MINIMUM QUANTITIES THEREOF .
CONSEQUENTLY ARTICLE 3 OF THIS REGULATION PROVIDES THAT " CEREALS FOR DENATURING MUST BE OF A MINIMUM QUALITY AND QUANTITY TO BE DETERMINED ".
FURTHER, ARTICLE 7 OF THIS REGULATION READS : " TO QUALIFY FOR THE PREMIUM, DENATURING SHOULD BE EFFECTED IN AGREEMENT WITH THE INTERVENTION AGENCY AND UNDER ITS SUPERVISION ".
4 THE REQUIRED CONDITIONS AS TO QUALITY AND QUANTITY WERE DETERMINED BY REGULATION NO 1403/69 FOR THE PERIOD COVERED BY THE DISPUTE .
ARTICLE 4 ( 3 ) OF THIS REGULATION PROVIDES THAT THE DURATION OF THE DENATURING PROCESS SHALL NOT EXCEED ONE DAY PER 40 TONNES OF CEREALS PROCESSED .
IT IS THE COMMISSION' S VIEW THAT THE PURPOSE OF THIS PROVISION IS TO MAKE IT OBLIGATORY TO