DENATURING PREMIUM CERTIFICATE FOR THE QUANTITY OF SUGAR IN QUESTION IMMEDIATELY ON RECEIPT OF AN ATTESTATION FROM THE MEMBER STATE WHICH ISSUED THE INVITATION TO TENDER; "
UNDER PARAGRAPH ( 4 ) OF THE SAME ARTICLE THIS ATTESTATION SHALL INDICATE IN PARTICULAR " THE AMOUNT OF THE DENATURING PREMIUM ".
15 UNDER ARTICLE 10(2)(D ) OF REGULATION NO 2061/69 " THE DENATURING PREMIUM CERTIFICATE SHALL INDICATE ... THE DENATURING PREMIUM FIXED AS THE RESULT OF AN AWARD ... ".
16 FINALLY, UNDER THE TERMS OF ARTICLE 11(1)(A ) OF THE SAME REGULATION " THE ISSUE OF THE DENATURING PREMIUM CERTIFICATE GIVES RISE, AS REGARDS THE QUANTITY IN QUESTION, TO A RIGHT TO PAYMENT, AFTER DENATURING HAS TAKEN PLACE, OF THE DENATURING PREMIUM INDICATED IN THE CERTIFICATE ... ".
17 TAKEN AS A WHOLE THESE PROVISIONS SHOW THAT THE AMOUNT OF THE PREMIUM SHOWN IN THIS CERTIFICATE MUST CORRESPOND TO THE AMOUNT APPEARING IN THE TENDER MADE BY THE SUCCESSFUL TENDERER AND REFERRED TO IN THE STATEMENT OF AWARD .
18 HOWEVER, THEY DO NOT IN ANY WAY SHOW THAT WHERE THE STATE IN WHICH DENATURING HAS TAKEN PLACE IS DIFFERENT FROM THAT IN WHICH THE TENDER IS INVITED, THE FORMER STATE IS BOUND TO EXPRESS AND TO PAY THE PREMIUM IN THE CURRENCY OF THE LATTER STATE .
19 IN FACT, ALTHOUGH ARTICLE 5 OF REGULATION NO 1987/69 EXPRESSLY PROVIDES THAT THE AMOUNT OF THE PROPOSED PREMIUM MUST BE EXPRESSED IN THE TENDER IN THE CURRENCY OF THE STATE IN WHICH THE INVITATION IS ISSUED, THE PROVISIONS CONCERNING THE ISSUE OF THE CERTIFICATE AND THE PAYMENT OF THE PREMIUM ARE SILENT AS REGARDS THE CURRENCY TO BE USED FOR THIS PURPOSE BY THE STATE IN WHICH DENATURING HAS TAKEN PLACE .
20 THERE IS THUS NO OBLIGATION FOR THE STATE CONCERNED TO PAY THE PREMIUM IN QUESTION IN A FOREIGN CURRENCY .
21 MOREOVER, THIS INTERPRETATION IS BY IMPLICATION CONFIRMED BY ARTICLE 11(2 ) OF THE FINANCIAL REGULATION CONCERNING THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND OF 5 FEBRUARY 1964 WHICH PROVIDES THAT MEMBER STATES WHICH ARE CREDITORS OF THE FUND " SHALL ... RECEIVE A PAYMENT FROM THE COMMISSION MADE IN THEIR NATIONAL CURRENCY ".
22 HENCE, SINCE THE MEMBER STATE WHICH HAS ADVANCED THE DENATURING PREMIUM MAY ONLY REQUEST ITS REPAYMENT IN ITS OWN CURRENCY, IT CANNOT BE OBLIGED TO HAVE RECOURSE TO ANOTHER CURRENCY WHEN IT FIXES THE AMOUNT OF THE PREMIUM DUE AND PAYS IT TO THE SUCCESSFUL TENDERER .
23 A NEGATIVE REPLY MUST THEREFORE BE GIVEN TO THE FIRST AND FOURTH QUESTIONS AND, AS REGARDS THE FIFTH QUESTION, IT MUST BE RULED THAT THE DENATURING PREMIUM MAY BE PAID IN THE CURRENCY OF THE MEMBER STATE IN WHICH THE DENATURING HAS TAKEN PLACE .
24 IF THIS MEMBER STATE EXERCISES ITS POWER TO PAY THE PREMIUM IN ITS NATIONAL CURRENCY, IT IS BOUND TO CONVERT INTO THIS CURRENCY THE AMOUNT OF THE PREMIUM AWARDED IN THE CURRENCY OF THE MEMBER STATE INVITING THE TENDER