DOES THE FACT THAT THE METHOD OF ANALYSIS PROVIDED FOR UNDER THE INTERVENTION RULES IN ANNEX IV TO REGULATION NO 625/78 ALLOWS FOR A TOLERANCE MARGIN OF 2% MEAN THAT THE SAME TOLERANCE MARGIN IS TO BE APPLIED TO THE RESULTS OF ANALYSES CARRIED OUT BY THE MEMBER STATES, USING OTHER METHODS NOT LAID DOWN BY COMMUNITY LAW, IN THE PROCEDURE FOR THE GRANT OF AID UNDER REGULATION NO*1725/79?
( B ) IF IT MAY BE CONCLUDED ON THE BASIS OF THE RESULTS OF AN ANALYSIS TAKING INTO ACCOUNT THE RELEVANT TOLERANCE MARGIN THAT WHEY IS ABSENT FROM A CONSIGNMENT OF SKIMMED-MILK POWDER, DOES THAT MEAN THAT THE RECIPIENT OF AID UNDER REGULATION NO 1725/79 HAS AN ABSOLUTE DEFENCE TO A CLAIM FOR REPAYMENT OF THE AID EVEN IF THE COMPETENT AUTHORITY ESTABLISHES ON THE BASIS OF OTHER FINDINGS ( FOR EXAMPLE FOLLOWING AN INSPECTION AT THE PREMISES OF THE MANUFACTURER OF THE SKIMMED-MILK POWDER IN QUESTION ) THAT WHEY POWDER HAS BEEN ADDED TO THE CONSIGNMENT OF SKIMMED-MILK POWDER?
( 4 ) DOES ARTICLE 1 ( 2 ) OF REGULATION NO 1725/79 CONTRAVENE THE PRINCIPLE OF PROPORTIONALITY IN COMMUNITY LAW, IN SO FAR AS SKIMMED-MILK POWDER IS NOT ELIGIBLE FOR AID BECAUSE WHEY IS FOUND TO BE PRESENT EVEN THOUGH THE SAME PRODUCT MUST BE HELD TO BE ELIGIBLE FOR SALE TO THE INTERVENTION AGENCY ON THE BASIS OF ANNEX IV TO REGULATION NO 625/78?"
5 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A MORE DETAILED ACCOUNT OF THE FACTS, THE RELEVANT LEGISLATION AND THE WRITTEN OBSERVATIONS SUBMITTED TO THE COURT, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
THE FIRST QUESTION
6 IN ITS FIRST QUESTION, THE NATIONAL COURT ASKS WHETHER SKIMMED-MILK POWDER WHICH MEETS ALL THE CONDITIONS AS TO COMPOSITION AND QUALITY THAT ARE REQUIRED FOR INTERVENTION IN THE FORM OF PUBLIC STORAGE MUST, FOR THAT REASON, BE REGARDED AS ELIGIBLE FOR THE AID PROVIDED FOR IN RESPECT OF SKIMMED-MILK POWDER INTENDED FOR USE AS FEEDINGSTUFFS .
7 IN THE FIRST PLACE, IT MUST BE BORNE IN MIND THAT, IN ORDER TO QUALIFY FOR THE AID PROVIDED FOR IN ARTICLE 10 OF REGULATION NO*804/68, SKIMMED-MILK POWDER MUST SATISFY THE FOLLOWING CONDITIONS :
( I)*IT MUST BE MANUFACTURED FROM MILK TO WHICH NOTHING HAS BEEN ADDED, EXCEPT FOR BUTTERMILK, AND NO OTHER SUBSTANCES MUST HAVE BEEN ADDED SUBSEQUENTLY;
( II)*ITS FAT CONTENT MUST NOT EXCEED 11%;
( III)*ITS MOISTURE CONTENT MUST NOT EXCEED 5 %.
8 SKIMMED-MILK POWDER ELIGIBLE FOR INTERVENTION MUST SATISFY THE FOLLOWING REQUIREMENTS :
( I)*IT MUST BE A FIRST-QUALITY PRODUCT MANUFACTURED BY PROPERLY EQUIPPED PRODUCTION PLANTS;
( II)*IT MUST NOT CONTAIN OTHER PRODUCTS, IN PARTICULAR BUTTERMILK OR WHEY, AND MUST BE PRODUCED FROM SKIMMED MILK WITHOUT THE ADDITION OF OTHER PRODUCTS;
( III)*ITS FAT CONTENT MUST NOT EXCEED 1.25%;
( IV)*ITS MOISTURE CONTENT MUST NOT EXCEED 4%;
( V)*IT MUST NOT BE MORE THAN ONE MONTH OLD;
( VI)*IT