REIMBURSE THE COLOURING COSTS AT A STANDARD RATE .
8 IT MUST BE STATED THAT THE APPLICANT' S SUBMISSION AS TO THE MISUSE OF POWERS CONSTITUTES, IN SUBSTANCE, AN ALLEGATION THAT A LEGAL PROVISION HAS BEEN INFRINGED, NAMELY ARTICLE 6 OF REGULATION NO 1883/78 WHICH IS ALREADY THE SUBJECT OF THE FIRST SUBMISSION . IT THUS APPEARS THAT THE SECOND SUBMISSION MERGES WITH THE FIRST AND THAT THEY SHOULD BE CONSIDERED TOGETHER .
9 THE ITALIAN GOVERNMENT MAINTAINS THAT AN OPERATION SUCH AS COLOURING DOES NOT FALL WITHIN ANY CATEGORY OF OPERATIONS SPECIFICALLY REFERRED TO IN POINT I, 1 OF ANNEX I TO COUNCIL REGULATION NO 3247/81 OF 9 NOVEMBER 1981 ON THE FINANCING BY THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND, GUARANTEE SECTION, OF CERTAIN INTERVENTION MEASURES, PARTICULARLY THOSE INVOLVING THE BUYING IN, STORAGE AND SALE OF AGRICULTURAL PRODUCTS BY INTERVENTION AGENCIES ( OFFICIAL JOURNAL 1981, L 327, P . 1 ), FOR WHICH A SYSTEM OF REIMBURSEMENT BY MEANS OF STANDARD AMOUNTS IS APPLICABLE . CONSEQUENTLY IT OUGHT BE REGARDED, ON A RESIDUAL BASIS, AS ONE OF THE OTHER OPERATIONS REFERRED TO IN POINT I, 3 OF THE SAME ANNEX WHICH ARE COVERED BY A SYSTEM OF FULL REIMBURSEMENT . THE ITALIAN GOVERNMENT EMPHASIZES THAT THE COMMISSION WAS ALSO AWARE OF THAT FACT WHEN IT TOOK THE TROUBLE TO MAKE CLEAR IN ARTICLE 5 OF REGULATION NO 2794/83 THAT "COLOURING MUST BE CARRIED OUT AT MINIMUM EXPENSE ".
10 FOR ITS PART, THE COMMISSION, RELYING ON ARTICLE 6 OF REGULATION NO 1883/78, POSTULATES THE PRINCIPLE THAT, IN THE ABSENCE OF AN EXPRESS DEROGATION, THE COSTS OF INTERVENTION MEASURES FOR WHICH NO AMOUNT IS FIXED PER UNIT ARE TO BE REIMBURSED ACCORDING TO THE SYSTEM OF STANDARD AMOUNTS . A REIMBURSEMENT SYSTEM OF THAT KIND SHOULD THEREFORE APPLY TO THE OPERATION OF COLOURING IN THE ABSENCE OF AN EXPRESS DEROGATION IN REGULATION NO 3247/81 .
11 IT CLAIMS THAT IN ANY CASE THE COSTS CONNECTED WITH COLOURING SHOULD BE SUBJECT TO THE SYSTEM OF REIMBURSEMENT BY STANDARD AMOUNTS REGARDLESS OF WHETHER IT IS CONSIDERED THAT COLOURING, WHICH WAS INTRODUCED FOR CONTROL PURPOSES, CONSTITUTES A MATERIAL OPERATION RELATING TO THE WITHDRAWAL FROM STOCK OF A PRODUCT HELD BY AN INTERVENTION AGENCY WITHIN THE MEANING OF POINT I-1 ( C ) OF ANNEX 1 TO REGULATION NO 3247/81 OR WHETHER COLOURING IS ASSIMILATED TO A MATERIAL OPERATION FORMING PART OF PRODUCT PROCESSING, WHICH WOULD ENABLE IT TO BE INCLUDED IN POINT I-1 ( D ) OF ANNEX I . IT MAINTAINS THAT THE REQUIREMENT IN ARTICLE 5 OF REGULATION NO 2794/83 THAT "COLOURING MUST BE CARRIED OUT AT MINIMUM EXPENSE" IS ACCOUNTED FOR BY THE FACT THAT, EVEN WHERE REIMBURSEMENT IS EFFECTED BY MEANS OF STANDARD AMOUNTS, THOSE AMOUNTS ARE CALCULATED ON THE BASIS OF THE REAL COSTS AND THE LATTER MUST BE KEPT AT A LOW LEVEL TO ENSURE THAT THE STANDARD AMOUNTS PAID ARE REDUCED TO THE MINIMUM .
12 IN THAT CONNECTION, IT MUST BE POINTED OUT THAT