HAD EXCEEDED ITS QUOTA IS IRRELEVANT SINCE THE COMMISSION ALREADY HAD KNOWLEDGE OF THE FACTS BY REASON OF THE REGULAR INSPECTIONS MADE BY ITS AGENTS . AS REGARDS THE ALLEGED COMPENSATION , THE COMMISSION OBSERVES THAT THE REDUCTION IN PRODUCTION DURING THE SECOND QUARTER OF 1981 , WHICH IS NOT DISPUTED , MIGHT ALSO BE DUE TO OTHER CAUSES SUCH AS REDUCTION IN DEMAND ON THE MARKET .
20 IT SHOULD BE EMPHASIZED IN THAT RESPECT THAT THE QUARTERLY NATURE OF THE QUOTA SYSTEM ESTABLISHED BY DECISION NO 2794/80 IS AN ESSENTIAL ELEMENT OF THE SCHEME . THE COMMISSION THUS RIGHTLY INSISTS ON THE FACT THAT ALL FORECASTS AND THE FIXING OF QUOTAS ARE BASED ON QUARTERLY PRODUCTION AND THAT UNDERTAKINGS ARE RESPONSIBLE FOR ENSURING THAT PRODUCTION DOES NOT EXCEED THE QUOTAS FIXED FOR THAT PERIOD .
21 THAT IS THE REASON WHY THE PRODUCER NORMALLY BEARS THE RISK OF NOT OBSERVING THE QUOTAS . THE IRREGULAR PRODUCTION OF A ROLLING MILL AND THE PROBLEMS CAUSED BY RELATIONS WITH TRADE UNIONS , ON WHICH THE APPLICANT RELIES , FALL WITHIN THE SPHERE OF NORMAL BUSINESS RISKS AND ARE NOT CAPABLE OF EXONERATING THE APPLICANT FROM ITS RESPONSIBILITY FOR OBSERVING THE QUOTAS .
22 IN THE SAME WAY A REDUCTION IN THE PRODUCTION FOR A SUBSEQUENT QUARTER IS NOT CAPABLE OF CORRECTING A PREVIOUS IRREGULARITY SINCE THE DECISIVE PERIOD IN APPLYING THE SYSTEM IS QUARTERLY .
23 THUS THE COMMISSION RIGHTLY FOUND IN THE CONTESTED DECISION THAT THE APPLICANT HAD DISREGARDED ITS OBLIGATIONS UNDER COMMUNITY LAW AND IMPOSED A FINE ON IT . THUS THE APPLICATION FOR A DECLARATION THAT THE CONTESTED DECISION IMPOSING THE FINE IS VOID MUST BE DISMISSED .
24 HOWEVER , THE APPLICANT CLAIMS IN THE ALTERNATIVE A REDUCTION IN THE FINE IN VIEW OF THE SPECIAL CIRCUMSTANCES OF THE CASE .
25 AS HAS BEEN STATED ABOVE , THE FINE MUST BE FIXED ACCORDING TO ARTICLE 9 OF DECISION NO 2794/80 AT AN AMOUNT OF 75 ECU PER TONNE OF EXCESS PRODUCTION , SAVE IN EXCEPTIONAL CASES JUSTIFYING A DEPARTURE FROM THE NORMAL RATE . IN THIS CASE EXCEPTIONAL CIRCUMSTANCES JUSTIFY SUCH A DEPARTURE .
26 IT IS NOT DISPUTED THAT DURING THE QUARTER IN QUESTION THE APPLICANT ENCOUNTERED EXCEPTIONAL DIFFICULTIES IN OBSERVING THE QUOTA ALLOCATED AND THAT IT MADE A REDUCTION IN ITS SUBSEQUENT PRODUCTION . ALTHOUGH THERE MAY BE MANY REASONS FOR SUCH A REDUCTION IT MUST NEVERTHELESS BE BORNE IN MIND IN THE PRESENT CASE THAT IN ITS TELEX MESSAGE OF 7 APRIL 1981 THE APPLICANT OFFERED IN ADVANCE TO OFFSET THE EXCESS , WHICH INDICATES THAT IT VOLUNTARILY REDUCED ITS PRODUCTION IN ORDER TO COMPENSATE FOR EXCEEDING THE QUOTA AND TO REGULARIZE THE SITUATION .
27 SINCE THE COMMISSION DID NOT ANSWER THAT TELEX MESSAGE AND THUS REGRETTABLY NEGLECTED THE RULES OF GOOD ADMINISTRATION , IT LEFT THE APPLICANT IN DOUBT AS TO WHETHER THE COMMISSION WAS ACCEPTING THE APPLICANT ' S OFFER . SINCE IN THOSE CIRCUMSTANCES THE APPLICANT IN FACT