5 ) OF THE REGULATION AT ISSUE PROVIDES THAT SAMPLING AND ANALYSIS ARE TO BE CARRIED OUT BY EXPERTS APPROVED BY THE AUTHORITIES OF THE EXPORTING MEMBER STATE . IT REFERS TO "QUALITY CONTROL AT THE TIME OF LOADING ". ARTICLE 15 ( 1 ) OF THE REGULATION REQUIRES THE SUCCESSFUL TENDERER TO INFORM THE COMPETENT AUTHORITY OF THE EXPORTING MEMBER STATE AND UNRWA AS SOON AS POSSIBLE OF THE NAME OF THE VESSEL AND THE EXPECTED DATE OF ARRIVAL OF THE VESSEL AT THE PORT OF UNLOADING . ARTICLE 15 ( 3 ) PROVIDES THAT "IF THE SUGAR IS OF A QUALITY LOWER THAN THE STANDARD QUALITY IT SHALL BE REJECTED AT THE TENDERER' S RISK ." THOSE PROVISIONS THUS ESTABLISH A SYSTEM FOR CHECKING QUALITY PRIOR TO SHIPMENT, FOR ONLY SUCH CHECKING ALLOWS THE SUGAR TO BE REJECTED SHOULD IT PROVE TO BE OF A QUALITY INFERIOR TO THE STANDARD QUALITY .
9 A SITUATION SUCH AS THE ONE IN THE MAIN PROCEEDINGS WHERE THE RESULTS OF THE CHECK ON QUALITY ARE KNOWN ONLY AFTER DELIVERY OF THE GOODS IS NOT PROVIDED FOR IN THE REGULATION . IT DOES NOT, HOWEVER, FOLLOW THAT CHECKING IN THOSE CIRCUMSTANCES MUST BE REGARDED AS UNLAWFUL OR THAT NO ACCOUNT MAY BE TAKEN OF ITS RESULTS .
10 THE CHECKING OF QUALITY IS AN ESSENTIAL ELEMENT IN THE SYSTEM, FOR IT IS CLEAR BOTH FROM THE RECITALS AND THE PROVISIONS OF THE REGULATION, ESPECIALLY ARTICLE 1 ( 2 ), THAT "THE SUGAR MUST BE OF STANDARD QUALITY AS DEFINED IN ARTICLE 1 OF REGULATION ( EEC ) NO 793/72 ". IF IT HAS NOT BEEN POSSIBLE TO COMPLETE CHECKS ON QUALITY BEFORE SHIPMENT IT IS THEREFORE LAWFUL TO DO SO SUBSEQUENTLY AND TO DRAW THE RELEVANT INFERENCES FROM THE RESULTS .
11 CONSEQUENTLY, THE ANSWER TO THE FIRST QUESTION MUST BE THAT THE QUALITY CONTROL OF THE SUGAR UNDER COMMISSION REGULATION NO 434/82 OF 25 FEBRUARY 1982, AS AMENDED BY COMMISSION REGULATION NO 939/82 OF 21 APRIL 1982, MUST NORMALLY BE CARRIED OUT BEFORE SHIPMENT . HOWEVER, ACCOUNT MAY BE TAKEN OF THE RESULTS OF THAT CONTROL EVEN IF THEY ARE KNOWN ONLY AT A LATER DATE .
SECOND QUESTION
12 IN ORDER TO ANSWER THE SECOND QUESTION IT IS NECESSARY TO TAKE ACCOUNT OF UNRWA' S LEGAL POSITION IN RELATION TO THE SUCCESSFUL TENDERER AND TO THE NATIONAL INTERVENTION AGENCY AND THE FUNCTION OF THE DOCUMENTS TO BE DRAWN UP BY UNRWA UNDER THE SYSTEM ESTABLISHED BY REGULATION NO 434/82 .
13 IT MUST BE POINTED OUT FIRST OF ALL THAT UNRWA, THE AGENCY RESPONSIBLE FOR RECEIVING AND DISTRIBUTING THE FOOD AID SUPPLIED BY THE COMMUNITY, CANNOT BE TREATED AS A PURCHASER SO FAR AS ITS RELATIONS WITH THE SUCCESSFUL TENDERER ARE CONCERNED . ITS LEGAL RELATIONS ARE WITH THE EUROPEAN ECONOMIC COMMUNITY .
14 THE LEGAL RELATIONS OF THE SUCCESSFUL TENDERER ARE ESTABLISHED NOT WITH UNRWA BUT THE NATIONAL INTERVENTION AGENCY OF THE EXPORTING MEMBER STATE AND THOSE RELATIONS ARE