JUDGMENT OF 20 FEBRUARY 1979 IN CASE 122/78 BUITONI ( 1979 ) ECR 677 . THE COMMISSION ITSELF HAS RECOGNIZED THAT PRINCIPLE IN CERTAIN CASES , FOR EXAMPLE IN CONNECTION WITH COMMISSION REGULATION ( EEC ) NO 1725/79 OF 26 JULY 1979 ON THE RULES FOR GRANTING AID TO SKIMMED MILK PROCESSED INTO COMPOUND FEEDINGSTUFFS AND SKIMMED-MILK POWDER INTENDED FOR FEED FOR CALVES ( OFFICIAL JOURNAL 1979 , L 199 , P . 1 ). COMMISSION REGULATION ( EEC ) NO 2851/80 OF 31 OCTOBER 1980 ( OFFICIAL JOURNAL 1980 , L 296 , P . 7 ) AMENDED THE FIRST-NAMED REGULATION BY THE ADDITION OF THE FOLLOWING PROVISIONS :
' ' WHERE IT IS FOUND THAT THE PRODUCT AS MANUFACTURED DOES NOT CONTAIN THE MINIMUM QUANTITY OF 60 KILOGRAMS OF SKIMMED-MILK POWDER REFERRED TO IN THE FIRST SUBPARAGRAPH AT ( A ), THE MEMBER STATES SHALL BE AUTHORIZED TO GRANT THE AID REDUCED BY 10% FOR THE SKIMMED-MILK POWDER ACTUALLY INCORPORATED , SUBJECT TO THE FOLLOWING CONDITIONS :
. . .
THE APPLICANT FOR AID MUST HAVE SUPPLIED PROOF THAT FAILURE TO COMPLY WITH THE MINIMUM LEVEL OF 60 KILOGRAMS IS THE RESULT NEITHER OF DELIBERATE BREACH OF THE RULES NOR OF SERIOUS NEGLIGENCE . ' '
9 THE COMMISSION OBSERVES THAT THE AID GRANTED FOR THE DENATURING OF SKIMMED-MILK POWDER INTENDED FOR FEED FOR ANIMALS OTHER THAN YOUNG CALVES IS CONSIDERABLY HIGHER THAN THE AMOUNT GRANTED IN THE CASE OF FEED FOR CALVES . IT INFERS THAT THE PURPOSE OF THE LEGISLATION COMPLAINED OF IS NOT MERELY TO ENSURE THAT DENATURING TAKES PLACE BUT THAT IT PREVENTS ANY DEVIATION FROM THE INTENDED USE OF THE PRODUCT .
10 IN ORDER TO ACHIEVE THAT OBJECTIVE , VARIOUS SYSTEMS OF SUPERVISION ARE POSSIBLE , IN PARTICULAR A SYSTEM INVOLVING THE EXERCISE OF CONTROL OVER THE FINAL USER AND PROVIDING FOR PAYMENT OF THE AID UPON PROOF BEING GIVEN THAT THE SKIMMED-MILK POWDER HAS BEEN CONSUMED BY ANIMALS OTHER THAN YOUNG CALVES . HOWEVER , SUCH A SYSTEM WOULD ENTAIL A VERY HIGH DEGREE OF SUPERVISION AT THE PREMISES OF ALL UNDERTAKINGS WHICH USE FEEDINGSTUFFS CONTAINING SKIMMED-MILK POWDER AND , IN VIEW OF THE VERY LARGE NUMBER OF TRADERS AND BREEDERS WHO WOULD HAVE TO BE SUPERVISED , THE COMMISSION TAKES THE VIEW THAT IT WOULD BE DIFFICULT TO OPERATE SUCH A SYSTEM IN PRACTICE .
11 HOWEVER , UNDER THE SYSTEM PRESCRIBED BY THE COMMUNITY LEGISLATION , IT IS SUFFICIENT TO SUPERVISE THE DENATURING OPERATION . ONCE THE DENATURING AGENTS DESIGNED TO PREVENT THE FINISHED PRODUCT FROM BEING USED AS FEED FOR YOUNG CALVES ARE INCORPORATED IN THE SKIMMED-MILK POWDER AND IT IS ESTABLISHED THAT THEY CAN NO LONGER BE SEPARATED FROM IT SUBSEQUENTLY , THE PRODUCT IS ALMOST CERTAIN TO BE USED FOR ITS INTENDED PURPOSE .
12 ACCORDINGLY , RU-MI ' S ARGUMENT TO THE EFFECT THAT A SYSTEM OF PARTIAL PAYMENT OF THE AID ON THE BASIS OF THE DEGREE OF CONFORMITY OF THE DENATURING OPERATION WOULD