THE SUBJECT OF OTHER PROVISIONS OF THE REGULATION, IN PARTICULAR ARTICLE 7, PARAGRAPHS ( 3 ) TO ( 5 ) OF WHICH LAY DOWN THE CONDITIONS FOR THE RELEASE OF THE SECURITY, AND ARTICLE 15, PARAGRAPH ( 2 ) OF WHICH PROVIDES FOR A PRICE REDUCTION SHOULD THERE BE DELAY IN DELIVERY AND PARAGRAPH ( 3 ) OF WHICH STATES THAT "IF THE SUGAR IS OF A QUALITY LOWER THAN THE STANDARD QUALITY IT SHALL BE REJECTED AT THE TENDERER' S RISK ."
22 IF, AS IN THE PRESENT CASE, THE RESULTS OF CHECKING THE QUALITY WERE NOT KNOWN UNTIL AFTER UNRWA HAD DISPOSED OF THE SUGAR, IT IS NO LONGER POSSIBLE TO REJECT THE GOODS . IT DOES NOT HOWEVER FOLLOW THAT THE INTERVENTION AGENCY IS OBLIGED TO PAY THE PRICE ORIGINALLY AGREED, WHICH WAS FOR A QUALITY SUPERIOR TO THAT OF THE SUGAR ACTUALLY DELIVERED . THERE IS NO BASIS FOR SUCH AN OBLIGATION EITHER IN ARTICLE 10 OR IN ANY OTHER PROVISION OF THE REGULATION .
23 THE ANSWER TO THE SECOND QUESTION MUST THEREFORE BE THAT IF, AFTER UNRWA HAS RECEIVED POSSESSION OF THE GOODS, IT PROVES THAT THE SUGAR WAS OF A QUALITY LOWER THAN THE STANDARD QUALITY, ARTICLE 10 OF REGULATION NO 434/82 DOES NOT REQUIRE THE NATIONAL INTERVENTION AGENCY OF THE EXPORTING MEMBER STATE TO PAY THE TENDERER THE PRICE INITIALLY AGREED FOR SUGAR OF THE STANDARD QUALITY EVEN IF ALL THE DOCUMENTS REQUIRED BY THAT ARTICLE HAVE BEEN DRAWN UP BY UNRWA .
THIRD QUESTION
24 THE THIRD QUESTION ASKS THE COURT FIRST OF ALL TO INTERPRET ARTICLE 7 ( 3 ) OF REGULATION NO 434/82, AS AMENDED BY REGULATION NO 939/82 . THAT PROVISION READS AS FOLLOWS :
"THE SECURITY FOR TENDER :
( A ) SHALL BE FORFEITED, EXCEPT IN CASE OF FORCE MAJEURE, IN RESPECT OF THE QUANTITY OF SUGAR WHICH THE SUCCESSFUL TENDERER HAS NOT DELIVERED TO THE PORT OF UNLOADING ON QUAYSIDE OR IN LIGHTER OR IN CONTAINERS ON QUAYSIDE, IN ACCORDANCE WITH THE PRESCRIBED CONDITIONS, AND AFTER PRODUCTION OF COPY NO 1 OF THE EXPORT LICENCE DULY ENDORSED AND STAMPED BY THE COMPETENT AUTHORITY OF THE MEMBER STATE REFERRED TO IN ARTICLE 6 ( 2 ) ( E );
( B ) SHALL BE RELEASED IF THE TENDER IS NOT ACCEPTED ."
25 IT IS CLEAR FROM THE ACTUAL WORDING OF THAT PROVISION THAT THE SECURITY MUST BE FORFEITED IF THE PRESCRIBED CONDITIONS ARE NOT SATISFIED . THOSE CONDITIONS RELATE TO THE OBLIGATIONS OF THE SUCCESSFUL TENDERER, FOR THE PURPOSE OF THE SECURITY IS TO ENSURE THAT SUCH OBLIGATIONS ARE FULFILLED .
26 ONE OF THE PRINCIPAL OBLIGATIONS OF THE SUCCESSFUL TENDERER LAID DOWN IN PARTICULAR IN ARTICLE 1 ( 2 ) OF THE REGULATION IN QUESTION IS TO DELIVER SUGAR OF THE STANDARD QUALITY .
27 IN THE SECOND PART OF THE THIRD QUESTION THE NATIONAL COURT ASKS WHETHER THE LOSS OF THE SECURITY IS CONSISTENT WITH THE GENERAL PRINCIPLE OF PROPORTIONALITY, HAVING REGARD TO