ORDER TO CALCULATE THE COMPENSATORY AMOUNTS APPLICABLE TO SORBITOL .
43 ROQUETTE MAINTAINS THAT THE VIEW THAT SORBITOL WITH A HIGH MANNITOL CONTENT IS NORMALLY OBTAINED FROM SUGAR IS MISTAKEN . IT POINTS OUT THAT ITS SORBITOL PRODUCTION , WHICH CONSTITUTES MORE THAN HALF THE COMMUNITY PRODUCTION OF THAT PRODUCT , IS MANUFACTURED EXCLUSIVELY FROM MAIZE , AND THAT 60% OF ITS SORBITOL PRODUCTION HAS A MANNITOL CONTENT OF BETWEEN 3% AND 4% ; FURTHERMORE , IT STATES THAT 90% OF COMMUNITY PRODUCTION OF SORBITOL , MORE THAN HALF OF WHICH HAS A MANNITOL CONTENT OF BETWEEN 3% AND 4% , IS MANUFACTURED FROM MAIZE . THE EXPERT APPOINTED BY THE NATIONAL COURT FOUND THAT THE APPLICATION TO SORBITOL OBTAINED FROM MAIZE OF A COMPENSATORY AMOUNT CALCULATED ON THE PRICE OF SUGAR CREATES ARTIFICIAL DIFFERENCES IN PRICE .
44 THESE FACTS ARE NOT HOWEVER SUCH AS TO AFFECT THE VALIDITY OF THE FIXING OF THE COMPENSATORY AMOUNTS APPLICABLE TO SORBITOL . PURSUANT TO ARTICLE 2 ( 2 ) OF REGULATION NO 974/71 , THE COMMISSION WAS REQUIRED TO TAKE INTO CONSIDERATION THE INCIDENCE ON THE PRICES OF SORBITOL OF THE APPLICATION OF THE COMPENSATORY AMOUNT TO THE PRICE OF THE PRODUCT UPON WHICH THE PRICES OF SORBITOL DEPEND . THE COMMISSION , BY DETERMINING THE LATTER PRODUCT ON THE BASIS OF THE MANNITOL CONTENT OF SORBITOL , ACTED IN ACCORDANCE WITH THE RULES LAID DOWN BY THE COUNCIL WITH REGARD TO THE COMMON ORGANIZATION OF THE MARKET APPLICABLE TO SORBITOL . IN DOING SO IT RAMAINED WITHIN THE LIMITS OF THE POWERS CONFERRED UPON IT BY REGULATION NO 974/71 .
45 THE REPLY TO THE FIFTH QUESTION MUST ACCORDINGLY BE THAT SORBITOL CONTAINING MORE THAN 2% MANNITOL AND PROCESSED FROM MAIZE NEED NOT NECESSARILY BE SUBJECT TO A MONETARY COMPENSATORY AMOUNT BASED ON THAT OF MAIZE .
ISOGLUCOSE ( SIXTH QUESTION )
46 THE SIXTH QUESTION ASKS WHETHER ISOGLUCOSE , PROCESSED FROM MAIZE , THE PRICE OF WHICH IS RELATED TO THAT OF MAIZE , MUST BE SUBJECT TO A MONETARY COMPENSATORY AMOUNT BASED ON THAT FOR MAIZE .
47 THE REPLY TO THAT QUESTION IS IN THE NEGATIVE . ISOGLUCOSE IS COVERED BY A NUMBER OF COMMUNITY MEASURES LAYING DOWN SPECIAL ARRANGEMENTS FOR THAT PRODUCT WHICH ARE HOWEVER SIMILAR TO THE ARRANGEMENTS APPLICABLE TO LIQUID SUGAR WITH WHICH ISOGLUCOSE IS CONSIDERED TO BE IN DIRECT COMPETITION . IN THESE CIRCUMSTANCES THE COMMISSION WAS CORRECT IN CALCULATING THE COMPENSATORY AMOUNTS APPLICABLE TO ISOGLUCOSE ON THE BASIS OF THOSE APPLICABLE TO WHITE SUGAR .
THE VALIDITY OF REGULATION NO 652/76 AND THE REGULATIONS AMENDING THAT REGULATION
48 IT FOLLOWS FROM THE REPLIES GIVEN TO THE FIRST , SECOND , THIRD AND FOURTH QUESTIONS THAT REGULATION NO 652/76 IS INVALID :
- IN SO FAR AS IT FIXES THE COMPENSATORY AMOUNTS APPLICABLE TO MAIZE STARCH ON A BASIS OTHER THAN THAT OF THE INTERVENTION PRICE OF MAIZE AFTER DEDUCTION OF THE PRODUCTION REFUND ON STARCH ;
- IN SO FAR AS IT