RESPECT OF A MARKETING CENTRE CHOSEN FROM AMONG THE THREE CENTRES NEAREST TO THE PLACE WHERE THE CEREALS ARE WHEN THE OFFER IS MADE . UNDER ARTICLE 3 OF REGULATION NO 1028/68 OF THE COMMISSION ALL OFFERS FOR INTERVENTION MUST BE MADE IN WRITING . FINALLY ARTICLE 5 OF THE SAME REGULATION EMPOWERS INTERVENTION AGENCIES TO ADOPT, AS NEED MAY ARISE, SUPPLEMENTARY PROCEDURES AND CONDITIONS FOR TAKING OVER COMPATIBLE WITH THAT REGULATION TO TAKE ACCOUNT OF SPECIAL CONDITIONS EXISTING IN EACH MEMBER STATE .
QUESTION 1
4 QUESTION 1 ASKS WHETHER THE WORDS " OFFER " AND " OFFERED " CONTAINED IN THE AFORESAID REGULATIONS MUST BE INTERPRETED IN THE SAME WAY IN THE VARIOUS MEMBER STATES .
5 ARTICLE 7 OF REGULATION NO 120/67 OBLIGES INTERVENTION AGENCIES TO BUY IN THE CEREALS WHICH ARE OFFERED TO THEM ONLY IF THE OFFERS COMPLY WITH CONDITIONS, IN PARTICULAR IN RESPECT OF QUALITY AND QUANTITY, TO BE DETERMINED IN ACCORDANCE WITH PARAGRAPH ( 5 ) OF THAT ARTICLE . WHERE, IN ORDER TO STABILIZE MARKETS AND TO ENSURE A FAIR STANDARD OF LIVING FOR THE AGRICULTURAL COMMUNITY CONCERNED, INTERVENTION MEASURES MUST BE TAKEN, THEN ACCORDING TO THE FIFTH RECITAL TO THAT REGULATION, SUCH MEASURES MUST BE STANDARDIZED SO AS NOT TO IMPEDE THE FREE MOVEMENT OF CEREALS WITHIN THE COMMUNITY .
6 AS THE OBLIGATION TO INTERVENE DEPENDS DECISIVELY ON A PRIOR OFFER, IT IS IMPORTANT THAT THE CONCEPT OF A VALID OFFER AND THE CONDITIONS THEREBY INVOLVED SHALL APPLY THROUGHOUT THE COMMUNITY, IN ORDER THAT THE DESIRED STANDARDIZATION OF THE CONDITIONS FOR INTERVENTION MAY BE ACHIEVED . THIS REQUIREMENT APPEARS INDISPENSABLE, NOT ONLY BECAUSE THE COMMUNITY AUTHORITIES THEMSELVES DETERMINE THOSE CONDITIONS, BUT ALSO INASMUCH AS IT IS NECESSARY TO ENSURE THAT THE ADDITIONAL CONDITIONS, WHICH IN CERTAIN CASES THE INTERVENTION AGENCIES OF EACH MEMBER STATE ARE AUTHORIZED TO LAY DOWN, ARE COMPATIBLE WITH THE OBJECTIVES OF THE INTERVENTION SYSTEM . TERMS USED IN COMMUNITY LAW MUST BE UNIFORMLY INTERPRETED AND IMPLEMENTED THROUGHOUT THE COMMUNITY, EXCEPT WHEN AN EXPRESS OR IMPLIED REFERENCE IS MADE TO NATIONAL LAW .
7 IT FOLLOWS, THEREFORE, THAT ALTHOUGH INTERVENTION AGENCIES ARE EMPOWERED, UNDER ARTICLE 5 OF REGULATION NO 1028/68 TO ADOPT ADDITIONAL PROCEDURES AND CONDITIONS FOR TAKING OVER, THEY CANNOT HOWEVER DEROGATE FROM THE COMMUNITY CONCEPT OF AN OFFER AS CONTAINED IN PARTICULAR IN REGULATIONS NOS 120/67 AND 132/67 .
8 IT IS APPROPRIATE THEREFORE TO REPLY THAT THE TERMS " OFFER " AND " OFFERED ", CONTAINED IN REGULATIONS NOS 120/67, 132/67 AND 1028/68, MUST BE UNIFORMLY INTERPRETED IN THE MEMBER STATES, IN ACCORDANCE WITH THE OBJECTIVES OF THE INTERVENTION SYSTEM LAID DOWN BY THOSE REGULATIONS .
QUESTION 2
9 THE COURT IS ASKED WHETHER THE WORD " OFFER " MUST BE INTERPRETED AS MEANING THAT AN OFFER OF CEREALS FOR INTERVENTION MUST BE REGARDED AS MADE AS SOON AS THE PERSON MAKING THE OFFER DESPATCHES IT OR ONLY WHEN IT IS RECEIVED BY THE INTERVENTION AGENCY .
10 AN OFFER FOR INTERVENTION, MADE IN