MEDITERRANEAN PORTS CANNOT OFFER THE SAME RANGE OF TRANSPORT AND LOADING TIMES AS THE PORTS OF NORTHERN EUROPE .
9 THE COMMISSION MAINTAINS THAT THE OBLIGATIONS INFRINGED BY THE SUCCESSFUL TENDERER ARE PRINCIPAL OBLIGATIONS , COMPLIANCE WITH WHICH IS OF FUNDAMENTAL IMPORTANCE TO THE PROPER FUNCTIONING OF THE FOOD-AID SYSTEM , AND THAT TOTAL FORFEITURE OF THE SECURITY IS NOT THEREFORE CONTRARY TO THE PRINCIPLE OF PROPORTIONALITY . FAILURE TO FORFEIT THE SECURITY IN SUCH CASES WOULD , MOREOVER , CONSTITUTE A BREACH OF THE PRINCIPLE THAT ALL TENDERERS SHOULD RECEIVE EQUAL TREATMENT , SINCE THOSE WHO AT THE OUTSET INTENDED NOT TO OBSERVE THE SHIPMENT PERIOD OR INTENDED TO USE VESSELS MORE THAN 15 YEARS OLD WOULD BE ABLE TO SUBMIT MORE ATTRACTIVE TENDERS THAN THE OTHERS .
10 IT MUST BE STATED THAT , BY VIRTUE OF THE SECOND INDENT OF ARTICLE 20 ( 1 ) OF REGULATION NO 1974/80 , THE SECURITY IS RELEASED TO ' THE SUCCESSFUL TENDERER IN RESPECT OF THE QUANTITIES DELIVERED , HAVING REGARD TO THE 2% TOLERANCE SPECIFIED IN THE SECOND SUBPARAGRAPH OF ARTICLE 15 ( 2 ) IN ACCORDANCE WITH THE PROVISIONS GOVERNING THIS DELIVERY AND ON PRESENTATION OF THE ORIGINAL OF THE TAKING-OVER CERTIFICATE REFERRED TO IN ARTICLE 16 OR A CERTIFIED TRUE COPY OR , WHERE APPROPRIATE , THE CERTIFICATE AND SUPPORTING DOCUMENTS REFERRED TO IN ARTICLE 16 ( 2 ) ' .
11 THIS CASE INVOLVED A CIF DELIVERY , AS INDICATED IN ANNEX A TO REGULATION NO 588/81 , AND THE SECURITY WAS THEREFORE TO BE RELEASED IN ACCORDANCE WITH REGULATION NO 1974/80 UPON PRESENTATION OF THE DOCUMENTS SPECIFIED IN ARTICLE 16 ( 2 ) THEREOF , WHICH ARE THE SAME DOCUMENTS AS THOSE AGAINST PRESENTATION OF WHICH THE AMOUNT OF THE TENDER REFERRED TO IN THE SECOND PARAGRAPH OF ARTICLE 17 ( 3 ) BECOMES PAYABLE . ON THE BASIS OF THOSE DOCUMENTS , THE AMOUNT OF THE TENDER WAS PAID TO MAAS BY THE INTERVENTION AGENCY , WHICH THUS RECOGNIZED THAT THE CONTRACT HAD BEEN PROPERLY PERFORMED .
12 HOWEVER , THE INTERVENTION AGENCY DECLARED THE SECURITY FURNISHED BY MAAS FORFEIT ON THE GROUND THAT THE DELIVERY HAD NOT BEEN CARRIED OUT IN CONFORMITY WITH REGULATION NO 1974/80 AND THE CONDITIONS LAID DOWN IN THE ANNEX TO REGULATION NO 588/81 .
13 THERE IS NO DOUBT THAT THE OBLIGATIONS AT ISSUE MUST BE RESPECTED BY THE SUCCESSFUL TENDERER IN SO FAR AS THEY HELP - TOGETHER WITH THE OTHER OBLIGATIONS LAID DOWN BY THE REGULATION CONCERNING THE GENERAL TENDERING CONDITIONS AND THE REGULATION OPENING THE TENDERING PROCEDURE - TO ENSURE PROPER PERFORMANCE OF THE CONTRACT , BY MAKING CERTAIN THAT THE GOODS ARE TRANSPORTED TO THE STATE OF DESTINATION IN THE BEST CIRCUMSTANCES POSSIBLE .
14 HOWEVER , IN ITS ORDER FOR REFERENCE , THE VERWALTUNGSGERICHT FRANKFURT ASKS WHETHER THE SECOND INDENT OF ARTICLE 20 ( 1 ) OF REGULATION NO 1974/80 IS COMPATIBLE WITH THE PRINCIPLE OF PROPORTIONALITY , IN SO FAR AS IT