THE NATURE OF A DEFAULT SUCH AS THAT OF A SUCCESSFUL TENDERER WHO DELIVERS SUGAR WHICH SATISFIES ALL THE CRITERIA AS TO STANDARD QUALITY SAVE AS REGARDS COLOUR .
28 IN ORDER TO DETERMINE WHETHER A PROVISION OF COMMUNITY LAW IS IN CONFORMITY WITH THE PRINCIPLE OF PROPORTIONALITY IT IS NECESSARY TO VERIFY WHETHER THE MEANS WHICH IT EMPLOYS ARE APPROPRIATE TO ACHIEVE THE OBJECTIVE PURSUED AND WHETHER OR NOT THEY GO BEYOND WHAT IS NECESSARY TO ACHIEVE IT .
29 AS IS APPARENT FROM THE RECITALS AND PROVISIONS OF REGULATION NO 434/82 ITS OBJECTIVE IS INTER ALIA TO ENSURE THAT THE SUGAR DELIVERED IS OF THE STANDARD QUALITY AS DEFINED IN COUNCIL REGULATION NO 793/72 OF 17 APRIL 1972 FIXING THE STANDARD QUALITY FOR WHITE SUGAR ( OFFICIAL JOURNAL L 94, P.*1 ). IN THAT RESPECT THE VARIOUS CRITERIA THEREIN ADOPTED MAY NOT BE CONSIDERED SEPARATELY FOR THEY WERE LAID DOWN CUMULATIVELY BY THE COMMUNITY LEGISLATURE IN THE AFORESAID REGULATION FROM WHICH IT IS CLEAR THAT THE STANDARD QUALITY MAY BE REGARDED AS REPRESENTATIVE FOR THE COMMUNITY PRODUCTION .
30 THE IMPORTANCE OF THE ABOVEMENTIONED OBJECTIVE SHOULD NOT BE UNDERESTIMATED EITHER FROM THE POINT OF VIEW OF THE REQUIREMENTS INHERENT IN FOOD AID OR FROM THE POINT OF VIEW OF THE PRINCIPLE THAT TENDERERS SHOULD BE SUBJECT TO THE SAME CONDITIONS .
31 THE MEANS EMPLOYED TO ACHIEVE THAT OBJECTIVE IS A STANDARD ONE IN TRANSACTIONS UNDER THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKETS : FORFEITURE OF THE SECURITY . THAT FORFEITURE, WHICH REPRESENTS 77*750 ECU ON A TRANSACTION INVOLVING 755 TONNES OF SUGAR, IS NOT UNJUSTIFIED SINCE A PRINCIPAL OBLIGATION GUARANTEED BY THE SECURITY HAS NOT BEEN FULFILLED AND THE PENALTY DOES NOT GO BEYOND WHAT IS NECESSARY FOR THE DESIRED DISSUASIVE EFFECT .
32 THE ANSWER TO THE THIRD QUESTION MUST THEREFORE BE THAT ARTICLE 7 ( 3 ) OF REGULATION NO 434/82 MUST BE INTERPRETED AS MEANING THAT THE SECURITY FOR TENDER IS FORFEITED IN ITS ENTIRETY IF THE SUGAR SUPPLIED IS NOT OF THE STANDARD QUALITY EVEN IF THE BENEFICIARY OF THE AID HAS DISPOSED OF IT . THAT PROVISION DOES NOT INFRINGE THE PRINCIPLE OF PROPORTIONALITY .
Decision on costs
COSTS
33 THE COSTS INCURRED BY THE COMMISSION, WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED, IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS,
THE COURT ( FOURTH CHAMBER ),
IN ANSWER TO THE QUESTIONS SUBMITTED TO IT BY THE TRIBUNAL DE PREMIERE INSTANCE, BRUSSELS, BY JUDGMENT OF 20 FEBRUARY 1986, HEREBY RULES :
( 1 ) THE QUALITY CONTROL OF THE SUGAR PROVIDED FOR IN COMMISSION REGULATION NO 434/82 OF 25 FEBRUARY 1982, AS AMENDED BY COMMISSION REGULATION NO 939/82 OF 21 APRIL 1982, MUST NORMALLY BE CARRIED OUT AT THE TIME