THE PRESENT CASE THE CUSTOMS AUTHORITIES DEPRIVED THE SUCCESSFUL TENDERER OF THE ONLY MEANS OF PROOF AVAILABLE UNDER ARTICLE 18 ( 2 ) BY NOT EXTENDING ITS CHECKS TO THE TRADER WHO CARRIED OUT THE FINAL PROCESSING .
47 THE GERMAN GOVERNMENT TAKES THE VIEW THAT COMMUNITY LAW CONTAINS NO RULE REGARDING THE BURDEN OF PROOF AND THAT THEREFORE NATIONAL LAW SHOULD BE APPLIED TO DETERMINE THE BURDEN OF PROOF BUT WITHIN THE LIMITS LAID DOWN BY THE COURT IN ITS JUDGMENT OF 21 SEPTEMBER 1983 ( JOINED CASES 205 TO 215/82 DEUTSCHE MILCHKONTOR GMBH AND OTHERS V GERMANY ( 1983 ) ECR 2633 ).
48 IN THE VIEW OF THE NETHERLANDS GOVERNMENT , THE RULES OF NATIONAL LAW APPLY AS REGARDS THE BURDEN OF PROOF . ON THIS POINT IT OBSERVES THAT REGULATION NO 232/75 ENTRUSTS THE MEMBER STATES WITH THE ENTIRE RESPONSIBILITY FOR SUPERVISION AND THAT , IF THE NATIONAL AUTHORITIES DO NOT EXERCISE PROPER SUPERVISION , THEY ARE PRIMARILY RESPONSIBLE : THE PERSON CONCERNED BY THE REGULATION HAS NO OTHER OBLIGATION UNDER COMMUNITY LAW THAN TO PRODUCE THE DOCUMENTS OF PROOF REQUIRED BY THE REGULATION .
49 THE COMMISSION SUBMITS THAT , AS REGARDS THE PERIOD PRIOR TO THE RELEASE OF THE SECURITY , ARTICLE 18 ( 2 ) OF REGULATION NO 232/75 DETERMINES NOT ONLY THE BURDEN OF PROOF BUT ALSO HOW IT IS TO BE DISCHARGED , NAMELY BY THE PRODUCTION OF THE T5 CUSTOMS DOCUMENTS BY THE TENDERER CONCERNED . AS REGARDS THE PERIOD FOLLOWING THE RELEASE OF THE SECURITY , THE COMMISSION ' S VIEW IS THAT THE NATIONAL AUTHORITIES WHICH RAISE A CLAIM AGAINST THE SUCCESSFUL TENDERER MUST SHOW THAT THE SECURITY WAS WRONGLY RELEASED . IT IS THEN FOR THE SUCCESSFUL TENDERER TO ADDUCE POSITIVE PROOF , BASED ON INFORMATION SUPPLIED BY HIMSELF OR SUBSEQUENT BUYERS , THAT THE PRODUCTS WERE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE REGULATION .
50 THE COURT WOULD OBSERVE THAT , WHILST ARTICLE 18 ( 2 ) OF REGULATION NO 232/75 REQUIRES THE SUCCESSFUL TENDERER SEEKING THE RELEASE OF THE SECURITY TO FURNISH PROOF , BY MEANS OF THE T5 DOCUMENT , THAT THE BUTTER HAS BEEN USED PROPERLY , IT IS FOR THE COMPETENT AUTHORITIES CLAIMING THAT THERE IS AN ERROR IN THAT DOCUMENT TO FURNISH PROOF OF THE ERROR .
51 THE ANSWER TO THE NINTH QUESTION MUST THEREFORE BE THAT , IF THE PROCESSING SECURITY WAS RELEASED AS A RESULT OF AN ERROR IN THE CONTROL DOCUMENT , THE BURDEN OF PROVING THAT ERROR , IN PARTICULAR OF PROVING THAT THE BUTTER WAS NOT USED FOR ITS PRESCRIBED PURPOSE , RESTS ON THE NATIONAL AUTHORITIES CONCERNED .
Decision on costs
COSTS
52 THE COSTS INCURRED BY THE GERMAN AND NETHERLANDS GOVERNMENTS AND BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . SINCE THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , IN