A DRAFT RECOMMENDATION .
18 THE METHOD DESCRIBED BY THE DOCUMENT OF THE INTERNATIONAL ORGANIZATION FOR STANDARDIZATION HAS BEEN COMPLETELY ESTABLISHED AS A METHOD OF PHYSICAL AND CHEMICAL ANALYSIS .
19 THE FACT THAT THIS METHOD HAS NOT YET BEEN FINALLY APPROVED BY THE SAID ORGANIZATION DID NOT PREVENT THE COMMISSION FROM RENDERING IT NOW AND HENCEFORTH LEGALLY BINDING WITHIN THE COMMUNITY .
20 IN ACCORDANCE WITH THE FOREGOING, RECOURSE TO THIS METHOD ALONE IN THE FORM OF A REFERENCE TO A DOCUMENT OF THE INTERNATIONAL ORGANIZATION FOR STANDARDIZATION MUST THUS BE INTERPRETED AS CONSTITUTING A BINDING OBLIGATION AND NOT A MERE RECOMMENDATION .
21 THE REPLY TO QUESTION 2 MUST THUS BE THAT, WITH REGARD TO PAYMENT OF THE REFUND, ONLY THE METHOD OF ANALYSIS DESCRIBED IN ANNEX II TO REGULATION NO 2403/69 IS VALID .
QUESTIONS 3 AND 4 ( METHOD OF TAKING SAMPLES )
22 THE THIRD QUESTION ASKS WHETHER A CORRECT INTERPRETATION OF ARTICLE 2 ( 1 ) OF REGULATION NO 2403/69 ALLOWS THE RESTRICTION OF THE CONTROL BY SAMPLING, REFERRED TO IN THAT PROVISION, OF THE " BOEMER " VALUE OF A QUANTITY OF REFINED LARD HAVING A NET WEIGHT OF 100 698 KG PACKED IN 6 000 TINS TO THE ANALYSIS OF THE CONTENTS OF ONLY TWO SUCH TINS .
23 THE FOURTH QUESTION ASKS IN ADDITION WHETHER ARTICLE 2 ( 1 ) OF REGULATION NO 2403/69 MUST BE INTERPRETED TO MEAN THAT ONLY THE RESULT OF AN ANALYSIS BASED ON A CONTROL BY SAMPLING MUST BE TAKEN INTO CONSIDERATION OR WHETHER ACCOUNT MUST BE TAKEN IN ADDITION, OR IF APPROPRIATE EXCLUSIVELY, OF THE RESULT OF AN ANALYSIS FULFILLING THE CONDITIONS LAID DOWN BY THE REGULATION DESPITE THE FACT THAT SUCH ANALYSIS WAS NOT CARRIED OUT ON SAMPLES TAKEN BY RANDOM SAMPLING BUT ON THE BASIS OF A LARGE NUMBER OF SAMPLES TAKEN CONTINUOUSLY FROM THE RELEVANT QUANTITY .
24 ACCORDING TO ARTICLE 1 OF REGULATION NO 2403/69 THE EXPORTER MUST, IN ORDER TO OBTAIN THE REFUND, DECLARE IN WRITING THAT THE PRODUCTS IN QUESTION FULFIL THE CONDITIONS LAID DOWN BY THE REGULATION .
25 THE FULFILMENT OF THOSE CONDITIONS CAN ONLY BE APPRAISED ON THE BASIS OF THE PROVISIONS AS TO QUALITY AND THE METHODS OF ANALYSIS LAID DOWN BY ANNEXES I AND II .
26 ACCORDING TO ARTICLE 2 OF THE REGULATION THE DECLARATION BY THE EXPORTER SHALL BE FOLLOWED BY A CONTROL " BY SAMPLING " CARRIED OUT BY THE COMPETENT AUTHORITY .
27 ALTHOUGH THE CONDITIONS PRESCRIBED BY THE COMMUNITY PROVISIONS MUST BE OBSERVED WITH REGARD TO THE TIME AND METHOD OF THE CONTROL, ONLY THE NATIONAL COURT MAY APPRAISE THE VALIDITY OF A CONTROL CARRIED OUT IN A PARTICULAR CASE TAKING INTO ACCOUNT, ON THE ONE HAND, THE NATURE, THE CHARACTERISTICS AND THE PACKAGING OF THE GOODS AND, ON THE OTHER HAND, ANY RIGHTS OF COMPLAINT AND RE-TESTING CONFERRED ON THE EXPORTER UNDER THE NATIONAL LEGAL SYSTEM, AND TO DECIDE THE CONSEQUENCES TO BE DRAWN THEREFROM .
Decision on