DENATURE A MINIMUM QUANTITY OF 40 TONNES OF CEREALS EACH WORKING DAY IN ANY EVENT, BECAUSE PROCESSING A SMALLER AMOUNT CANNOT BE ALLOWED HAVING REGARD TO THE HEAVY COSTS OF SUPERVISING THIS PROCESS .
5 ALTHOUGH IT IS IN KEEPING WITH THE OBJECTIVE OF THE SYSTEM WHICH GOVERNS DENATURING TO PRECLUDE THE GRANTING OF A PREMIUM ON A TOTAL AMOUNT OF LESS THAN 40 TONNES, THE COMPETENT INTERVENTION AGENCY IS, HOWEVER, IN A POSITION TO DECIDE WHETHER TO GRANT A PREMIUM ON SUCH AN AMOUNT WHEN IT ISSUES THE DENATURING PERMIT .
THE QUESTION OF THE TOTAL AMOUNT FOR WHICH PERMISSION TO DENATURE IS GIVEN CANNOT THEREFORE BE CONFUSED WITH THE QUESTION OF THE DURATION OF THE DENATURING PROCESS .
6 SUPERVISION OF THIS PROCESS ENTAILS CONSIDERABLE EXPENSE AND THE REQUIREMENT THAT DENATURING IS CARRIED OUT AT THE RATE OF 40 TONNES PER DAY IS THEREFORE JUSTIFIED IN ORDER TO AVOID AN INCREASE IN THE AMOUNT OF SUCH SUPERVISION .
THIS MINIMUM QUANTITY STIPULATED BY ARTICLE 1403/69 MAY, AFTER TAKING ACCOUNT OF THE CAPACITY OF THE UNDERTAKING IN QUESTION, EVEN BY INCREASED, BY AGREEMENT BETWEEN THE OPERATOR AND THE INTERVENTION AGENCY AS PROVIDED FOR IN ARTICLE 7 OF REGULATION NO 172/67/EEC OF THE COUNCIL, WITH A VIEW TO USING THE UNDERTAKING' S CAPACITY IN THE MOST RATIONAL WAY .
7 IF ON THE OTHER HAND THE PROCESS OF DENATURING LASTS SEVERAL DAYS, THE OBJECTIVES SOUGHT ARE ATTAINED IF THE TOTAL DURATION OF THE PROCESS DOES NOT EXCEED A PERIOD WHICH IS EQUIVALENT TO A DAILY AVERAGE OF 40 DENATURED TONNES, PROVIDED THAT THE UNDERTAING' S CAPACITY HAS BEEN USED IN A RATIONAL WAY .
CONSEQUENTLY A BALANCE OF LESS THAN 40 TONNES DENATURED ON ANY ONE DAY MAY BE TAKEN INTO CONSIDERATION, IF IT AROSE AS A RESULT OF A RATIONAL USE OF THE UNDERTAKING' S CAPACITY FOR DENATURING AND PROVIDED THAT THE MAXIMUM DURATION OF THE WHOLE PROCESS IS EQUIVALENT TO AN AVERAGE OF AT LEAST 40 DENATURED TONNES PER DAY .
A NARROWER INTERPRETATION OF ARTICLE 4 ( 3 ) WOULD GO BEYOND THE OBJECTIVES SOUGHT AND MUST FOR THIS REASON BE REJECTED .
Decision on costs
8 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE .
AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE VERWALTUNGSGERICHT, FRANKFURT AM MAIN, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTION REFERRED TO IT BY THE VERWALTUNGSGERICHT FRANKFURT AM MAIN BY ORDER OF 3 MAY 1972, HEREBY RULES :
THE SECOND SENTENCE OF ARTICLE 4 ( 3 ) OF REGULATION ( EEC ) NO 1403/69 OF THE COMMISSION OF 18 JULY 1969 MUST BE INTERPRETED AS MEANING THAT A BALANCE OF LESS THAN 40 TONNES DENATURED ON ANY ONE DAY MAY BE TAKEN INTO CONSIDERATION IF IT AROSE