MARKET AND THE COMPETITIVE POSITION OF SUGAR WITH REGARD TO OTHER ANIMAL FEEDING STUFFS FOR WHICH IT CAN BE A SUBSTITUTE ".
TO THIS END, ARTICLE 2 OF THE SAME REGULATION LAID DOWN A CERTAIN NUMBER OF CRITERIA WHICH THE COMMISSION MUST TAKE INTO CONSIDERATION IN DECIDING ON THE PAYMENT OF DENATURING PREMIUMS AND FIXING THEIR AMOUNT, NAMELY THE LEVEL OF THE INTERVENTION PRICE, THE STANDARD AMOUNTS FOR THE TECHNICAL COSTS OF DENATURING AND TRANSPORT CHARGES, THE FORESEEABLE, MARKET PRICES FOR ANIMAL FEEDING STUFFS WITH WHICH DENATURED SUGAR HAS TO COMPETE, THE COMPARISON BETWEEN THE NUTRITIVE VALUE OF SUGAR AND THE NUTRITIVE VALUE OF THE COMPETING ANIMAL FEEDING STUFFS AND, LASTLY, THE WHOLE OF THE SUGAR SURPLUS AVAILABLE FOR DENATURING IN THE COMMUNITY .
13 ALTHOUGH CERTAIN OF THESE CRITERIA ARE CAPABLE OF BEING DETERMINED RELATIVELY PRECISELY, OTHERS MUST BE ESTIMATED APPROXIMATELY OR ON A FLATRATE BASIS .
FURTHER, OVER AND ABOVE THE CRITERIA WHICH REFER TO ACTUAL DATA, ARTICLE 2 OF REGULATION NO 768/68 IMPLIES TAKING FORECASTS INTO ACCOUNT .
SUCH IS THE CASE, PARTICULARLY, IN ESTIMATING " THE WHOLE OF THE SUGAR SURPLUS AVAILABLE FOR DENATURING IN THE COMMUNITY " UNDER ARTICLE 2 ( E ).
IN FACT, THIS DATUM, CAN ONLY COME FROM A COMPARISON BETWEEN, ON THE ONE HAND, STATISTICAL INDICATIONS OF THE AMOUNT OF SUGAR PRODUCED AND, ON THE OTHER HAND, ESTIMATION OF THE FORESEEABLE CONSUMPTION REQUIREMENTS, THE BALANCE OF IMPORTS AND EXPORTS AND, FINALLY, THE NECESSITY TO MAINTAIN BRIDGING STOCKS WITH THE OBJECT OF ENSURING EMERGENCY SUPPLIES AT ALL TIMES .
FINALLY, IT ALSO FALLS TO THE COMMISSION TO FIX THE TIMING AND SPACING OF ITS INTERVENTIONS, TAKING ACCOUNT OF BOTH THE DEVELOPMENT AND TRENDS OF THE MARKET AND POSSIBLE NECESSARY ADJUSTMENTS DUE TO THE EFFECT OF THE MEASURES IMPLEMENTED .
14 THUS THE COMMISSION ENJOYS A SIGNIFICANT FREEDOM OF EVALUATION, WHICH MUST BE EXERCISED IN THE LIGHT OF THE OBJECTIVES OF THE ECONOMIC POLICY LAID DOWN BY REGULATION NO 1009/67 WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY .
WHEN EXAMINING THE LAWFULNESS OF THE EXERCISE OF SUCH FREEDOM, THE COURTS CANNOT SUBSTITUTE THEIR OWN EVALUATION OF THE MATTER FOR THAT OF THE COMPETENT AUTHORITY BUT MUST RESTRICT THEMSELVES TO EXAMINING WHETHER THE EVALUATION OF THE COMPETENT AUTHORITY CONTAINS A PATENT ERROR OR CONSTITUTES A MISUSE OF POWER .
15 THE ALLEGATIONS OF THE PLAINTIFF IN THE MAIN ACTION HAVE REVEALED NO INDICATION OF SUCH AN ERROR OR SUCH A MISUSE OF POWER .
IN FACT THE ARGUMENT OF THE PLAINTIFF IN THE MAIN ACTION IS REDUCED ESSENTIALLY TO STATING THAT AT THE TIME OF THE MEASURE IN DISPUTE, THE MARKET IN SUGAR WAS NOT BEING REORGANIZED AND THAT SURPLUSES OF SUGAR EXISTED IN THE COMMUNITY WHICH CALLED FOR THE MAINTENANCE OF DENATURING PREMIUMS .
HOWEVER, ALTHOUGH THE EXISTENCE OF SUCH SURPLUSES HAS BEEN PROVED, THE COMMISSION' S FREEDOM OF EVALUATION WITH REGARD TO THE MEANS TO BE APPLIED TO ELIMINATE THEM AND THE MOST OPPORTUNE TIME FOR POSSIBLE ACTION TO THIS END