IS , ACCORDING TO ARTICLE 19 ( 2 ) OF REGULATION NO 100/72 , TRADERS OPERATING ' ' FACTORIES MANUFACTURING SUGAR ' ' OR ' ' FACTORIES MAKING COMPOUND FEEDINGSTUFFS ' ' OR ' ' WAREHOUSES IN WHICH DENATURING CAN BE EFFECTIVELY SUPERVISED ' ' - COULD NOT INTERPRET THE PROVISIONS OF COMMUNITY LAW OTHERWISE THAN AS MEANING THAT ISSUE OF THE CERTIFICATE ENTAILED AN OBLIGATION TO DENATURE THE SUGAR UNDER THE APPROPRIATE CONDITIONS , AND THAT THEY ALSO REQUIRED THAT THE DENATURED SUGAR BE USED EXCLUSIVELY FOR ANIMAL FEED .
15 THAT IS EXACTLY HOW THE PLAINTIFF IN THE MAIN ACTION UNDERSTOOD THEM , MOREOVER , BECAUSE IT INFORMED ITS PURCHASER THAT THE DENATURED SUGAR ' ' MUST BE USED ONLY FOR THE FEEDING OF BEES ' ' .
16 THE REPLY TO THE FIRST PART OF THE QUESTION RAISED BY THE NATIONAL COURT MUST THEREFORE BE THAT RECIPIENTS OF DENATURING PREMIUM CERTIFICATES UNDER REGULATION NO 100/72 ARE REQUIRED , IN ACCORDANCE WITH THE PROVISIONS OF THAT REGULATION AND THOSE OF REGULATION NO 2049/69 , TO USE THE DENATURED SUGAR EXCLUSIVELY FOR ANIMAL FEED .
THE SECOND PART OF THE QUESTION
17 THE SECOND PART OF THE QUESTION ASKS IN ESSENCE WHETHER NATIONAL PROVISIONS WHICH REQUIRE THE RECIPIENT OF A DENATURING PREMIUM TO REFUND IT IF THE DENATURED SUGAR HAS NOT BEEN USED FOR ANIMAL FEED EVEN IF IT IS A THIRD PARTY WHO IS RESPONSIBLE FOR THE MISUSE GIVING RISE TO REFUND , ARE APPLICABLE IN THE LIGHT OF COMMUNITY LAW .
18 FOR THE PURPOSES OF THE REPLY IT MUST BE RECALLED , FIRST , THAT IT IS PART OF THE GENERAL SCHEME OF THE RELEVANT COMMUNITY PROVISIONS THAT MEMBER STATES MUST TAKE ALL NECESSARY STEPS TO ENSURE THAT THE DENATURED SUGAR IS USED SOLELY FOR ANIMAL FEED .
19 THE NATIONAL AUTHORITIES THEREFORE ENJOYED FULL DISCRETION IN LAYING DOWN PENALTIES DESIGNED TO ENSURE THAT THE PROVISIONS OF COMMUNITY LAW WERE OBSERVED .
20 AS REGARDS THE RELEVANT COMMUNITY RULES , FIRST , THE WORDING , THE GENERAL SCHEME AND THE AIM OF THE COMMUNITY PROVISIONS WHICH ARE APPLICABLE ALL INDICATE THAT THE GRANT OF A DENATURING PREMIUM IS A SPECIAL MEASURE DESIGNED TO RELIEVE CONGESTION ON THE SUGAR MARKET THEREBY PROVIDING ANIMAL FEED UNDER PARTICULARLY FAVOURABLE CONDITIONS . SUITABLE PRECAUTIONS HAD THEREFORE TO BE TAKEN IN ORDER TO ENSURE THAT SUCH DENATURED SUGAR WAS NOT DIVERTED FROM THAT INTENDED USE BUT WAS ACTUALLY USED AS ANIMAL FEED . THE ARRANGEMENTS MADE FOR THAT PURPOSE WOULD NOT BE EFFECTIVE IF THE RECIPIENT OF THE DENATURING PREMIUM CERTIFICATE WAS NO LONGER LIABLE WHERE A SUBSEQUENT PURCHASER FAILS TO USE THE DENATURED SUGAR FOR ITS INTENDED PURPOSE , WHEN THE RECIPIENT HAS INCURRED A LEGAL OBLIGATION TOWARDS THE COMPETENT AUTHORITY TO USE THE DENATURED SUGAR SOLELY AS ANIMAL FEED .
21 IN THE CIRCUMSTANCES NATIONAL RULES WHEREBY THE RECIPIENT OF A PREMIUM WHICH HAS BEEN PAID WITHOUT THE CONDITIONS LAID DOWN BY COMMUNITY LAW AS TO EVENTS SUBSEQUENT TO