UNDER ARTICLE 9 ( 8 ) OF REGULATION NO 1009/67, TO EXERCISE THE POWERS NECESSARY TO ENSURE THE FUNCTIONING OF THE SYSTEM OF DENATURING PREMIUMS, INSOFAR AS THE COUNCIL HAD NOT ITSELF PROVIDED FOR IT IN IMPLEMENTING REGULATION NO 768/68 .
8 IT FOLLOWS THAT, SUBJECT TO THE GENERAL RULES LAID DOWN BY THE COUNCIL, THE COMMISSION HAS THE RIGHT TO DECIDE ON BOTH THE GRANT AND THE AMOUNT OF DENATURING PREMIUMS AND THAT, THEREFORE, IT HAS THE POWER TO DECIDE WHETHER THEY SHOULD BE SUSPENDED .
WITH THIS END IN VIEW, IT ALSO FALLS TO IT TO DETERMINE THE APPROPRIATE TECHNICAL METHOD AND THE MEASURE ADOPTED CANNOT BE CRITICIZED BECAUSE THE COMMISSION, RATHER THAN ANNOUNCING THE SUSPENSION OF THE PREMIUM, CHOSE TO FIX IT AT NIL, IN ACCORDANCE WITH A METHOD CURRENT IN FISCAL LAW AND ADOPTED BY COMMUNITY LAW .
AS TO THE STATE OF THE MARKET AND THE CHOICE OF THE METHODS OF INTERVENTION
9 THE PLAINTIFF IN THE MAIN ACTION POINTS OUT THAT THE COMMISSION WAS OBLIGED TO RECOGNIZE THE PRIORITY WHICH, IN THE OPINION OF THE FORMER, EXISTED IN FAVOUR OF DENATURING PREMIUMS AS OPPOSED TO REFUNDS ON EXPORTS .
FAR FROM OBSERVING THIS ORDER OF INTERVENTIONS, THE COMMISSION CONTINUED TO GRANT REFUNDS ON EXPORTS DURING THE PERIOD WHEN DENATURING PREMIUMS WERE SUSPENDED .
10 REGULATION NO 1009/67 ADMITS OF NO INTENTION OF THE COMMUNITY LEGISLATURE TO ESTABLISH ANY PRIORITY BETWEEN THE DIFFERENT FORMS OF INTERVENTION ON THE MARKET FOR SUGAR .
THE ONLY DIFFERENCE ESTABLISHED IN THIS RESPECT BY THE REGULATION IS THAT CERTAIN ACTIONS, AND IN PARTICULAR THOSE WITH THE OBJECT OF REGULATING IMPORTS AND EXPORTS, HAVE A PERMANENT, OR AT LEAST REGULAR, CHARACTER, WHILE OTHERS, INCLUDING DENATURING ARE ESSENTIALLY DISCRETIONARY .
THE CHOICE OF INTERVENTIONS IS IN EFFECT CONDITIONAL AT ONE AND THE SAME TIME UPON THE VARIABLE CIRCUMSTANCES OF THE MARKET, THE FINANCIAL CHARGES ARISING FROM THE IMPLEMENTATION OF THE CHOSEN MEASURES AND THE DIFFICULTIES WHICH THE DISPOSAL OF DENATURED SUGAR MAY CREATE ON THE MARKET FOR FEEDING STUFFS .
ONE CANNOT THEREFORE ADMIT OF A PRIORITY IN FAVOUR OF DENATURING PROGRAMMES AS OPPOSED TO THE OTHER MEANS OF INTERVENTION PROVIDED FOR BY REGULATION NO 1009/67 .
11 ACCORDING TO THE OPINION OF THE PLAINTIFF IN THE MAIN ACTION, THE COMMISSION RELIED ON AN INCORRECT APPRECIATION OF THE ECONOMIC SITUATION AT THE TIME IN QUESTION IN RELATION AS MUCH TO THE ACTUAL MARKET DATA AS TO THE PROVISIONS FOR FUTURE CONTINGENCIES, AS SURPLUSES EXISTED ON THE MARKET WHICH REQUIRED DENATURING PREMIUMS TO BE MAINTAINED .
THEREFORE THE FINDING IN THE PREAMBLE TO REGULATION NO 354/69 THAT " THE MARKET FOR SUGAR IS AT PRESENT BEING REORGANIZED ", DID NOT CORRESPOND TO THE FACTS AT THAT TIME .
12 AS STATED IN THE RECITALS IN THE PREAMBLE TO REGULATION NO 768/68 OF THE COUNCIL, IN ORDER TO FIX THE DENATURING PREMIUM " OBJECTIVE TESTS SHOULD BE ADOPTED, TAKING ACCOUNT OF THE MOST RATIONAL USE IN RELATION TO THE SITUATION ON THE SUGAR