TENDERER FULFILLED THE ABOVEMENTIONED OBLIGATIONS AND THAT THE INTERVENTION AGENCY WOULD THEREFORE HAVE BEEN IN A POSITION TO AVERT THE INFRINGEMENT OF THE OBLIGATION IN QUESTION BY OBJECTING IN DUE TIME THAT THE VESSELS TO BE USED BY MAAS DID NOT MEET THE REQUIRED STANDARD .
25 IN ORDER TO ASSESS THE SERIOUSNESS OF THE INFRINGEMENT OF WHICH MAAS IS ACCUSED , ACCOUNT MUST ALSO BE TAKEN OF THE FACT THAT THE SUCCESSFUL TENDERER ' S OBLIGATION TO LOAD THE GOODS ON TO VESSELS LESS THAN 15 YEARS OLD IS NOT REPRODUCED IN COMMISSION REGULATION NO 75/84 OF 12 JANUARY 1984 AMENDING REGULATION NO 3406/83 ON DELIVERY OF COMMON WHEAT AS FOOD AID TO THE KINGDOM OF LESOTHO ( OFFICIAL JOURNAL 1984 , L 10 , P . 37 ).
26 IT MAY THEREFORE BE INFERRED THAT THE OBLIGATION TO CARRY THE GOODS INTENDED FOR FOOD AID ON VESSELS LESS THAN 15 YEARS OLD WHICH APPEARED IN THE EARLIER REGULATIONS WAS NOT VIEWED BY THE COMMISSION AS BEING OF FUNDAMENTAL IMPORTANCE TO THE PROPER ACCOMPLISHMENT OF THE TRANSPORT OPERATION .
27 THE ARGUMENT PUT FORWARD BY THE COMMISSION TO THE EFFECT THAT IT HAD TO ABANDON THAT REQUIREMENT BECAUSE NO TRADER WOULD HAVE AGREED TO TRANSPORT COMMON WHEAT TO LESOTHO ON THE CONDITIONS WHICH APPLIED PREVIOUSLY , IN VIEW OF THE DIFFICULT NATURE OF THE VOYAGE , IS NOT SUPPORTED BY ANYTHING IN THE PREAMBLE TO REGULATION NO 75/84 , WHICH MERELY STATES IN THAT CONNECTION THAT IT IS NECESSARY ' TO SPECIFY THE REQUIREMENTS CONCERNING TRANSPORT BY SEA ' .
28 IT FOLLOWS FROM THE FOREGOING CONSIDERATIONS THAT , EVEN IF THE NATIONAL COURT WERE TO FIND THAT THE VESSELS USED BY MAAS FOR THE TRANSPORT OPERATION DID NOT FALL WITHIN THE CATEGORY OF VESSELS WHICH , BY VIRTUE OF BEING LISTED IN THE TOP CLASS AND ENGAGED IN LINER TRADING , ARE ASSIMILATED , AS FAR AS THE RISK OF ACCIDENT IS CONCERNED , TO VESSELS LESS THAN 15 YEARS OLD , THE TOTAL FORFEITURE OF THE SECURITY SHOULD IN ANY EVENT BE REGARDED AS A PENALTY DISPROPORTIONATE TO THE INFRINGEMENT OF AN OBLIGATION WHICH NEITHER THE INTERVENTION AGENCY NOR THE COMMISSION ITSELF REALLY APPEAR TO CONSIDER IMPORTANT .
29 IN VIEW OF THE FOREGOING CONSIDERATIONS , IT MUST BE STATED ON THE ONE HAND THAT A SUCCESSFUL TENDERER DOES NOT INFRINGE HIS OBLIGATIONS WHERE HE VERY SLIGHTLY EXCEEDS THE SHIPMENT PERIOD OR USES SHIPS ENGAGED IN LINER TRADING WHICH ARE MORE THAN 15 YEARS OLD BUT ARE SUBSTANTIALLY AS RELIABLE AS SHIPS LESS THAN 15 YEARS OLD AND , ON THE OTHER HAND , THAT THE SECOND INDENT OF ARTICLE 20 ( 1 ) OF REGULATION NO 1974/80 INFRINGES THE PRINCIPLE OF PROPORTIONALITY IN SO FAR AS ITS EFFECT IS THAT THE SECURITY FURNISHED PURSUANT TO ARTICLE 5 OF THE REGULATION IS TO BE DECLARED WHOLLY FORFEIT WHERE THE GOODS IN QUESTION ARE TRANSPORTED IN VESSELS WHICH ARE MORE THAN 15 YEARS OLD AND NOT ENGAGED IN