DOWN IN THE DENATURING PREMIUM CERTIFICATE .
8 WHILST THOSE PROVISIONS DO NOT STATE THAT PAYMENT OF THE PREMIUM DEPENDS ON THE DENATURED SUGAR ' S BEING USED FOR ANIMAL FEED , AND ALTHOUGH IN ADDITION THE WORDING OF REGULATION NO 100/72 DOES NOT LAY DOWN ANY COMMUNITY PROVISIONS CONCERNING A POSSIBLE REFUND OF THE DENATURING PREMIUM , ARTICLE 19 ( 1 ) PROVIDES THAT :
' ' THE MEMBER STATES SHALL APPOINT COMPETENT AGENCIES TO SUPERVISE DENATURING AND TO ENSURE THAT THE DENATURED SUGAR IS ONLY USED FOR ANIMAL FEED ' ' .
9 IT FOLLOWS FROM THAT PROVISION THAT ALTHOUGH THE COMMUNITY LEGISLATURE DOES NOT REFER EXPRESSLY TO AN OBLIGATION TO USE THE PRODUCT FOR ITS INTENDED PURPOSE IT HAS IMPOSED ON THE MEMBER STATES A DUTY TO EXERCISE THE SUPERVISION NECESSARY TO ENSURE THAT THAT PURPOSE IS MET SINCE THEY ARE REQUIRED TO ENSURE THAT AFTER THE DENATURING THE SUGAR IS PUT TO THAT USE .
10 THE FACT THAT THERE IS AN OBLIGATION TO USE THE DENATURED SUGAR FOR ANIMAL FEED IS ALSO INDICATED NOT ONLY IN THE TITLE OF REGULATION NO 100/72 OF THE COMMISSION BUT ALSO IN THE IMPERATIVE AND UNAMBIGUOUS TERMS OF THE SIXTH AND SEVENTH RECITALS IN THE PREAMBLE , ACCORDING TO WHICH THE COMMISSION HAS ADOPTED TWO MEASURES TO ENSURE THAT THE SUGAR IS PUT TO ITS INTENDED USE , THE FIRST BEING THE ESTABLISHMENT OF SPECIFIC DENATURING PROCESSES AND THE SECOND BEING THE SUPERVISION WHICH THE MEMBER STATES MUST EXERCISE BY ADOPTING ALL NECESSARY MEASURES TO ENSURE THAT THE DENATURED SUGAR IS USED EXCLUSIVELY FOR ANIMAL FEED .
11 THE EFFICACY OF THE SYSTEM OF CHECKS PROVIDED FOR BY THE REGULATION WOULD BE SERIOUSLY IMPAIRED IF NO CONSEQUENCES WERE ATTACHED TO ITS APPLICATION BECAUSE THERE WOULD NO LONGER BE ANY GUARANTEE THAT THE DENATURED SUGAR WOULD BE USED FOR ITS INTENDED PURPOSE , AS ANIMAL FEED . THE CONCLUSION MUST THEREFORE BE THAT IT FOLLOWS FROM THE WORDING OF REGULATION NO 100/72 THAT THE RECIPIENT OF A DENATURING PREMIUM IS REQUIRED TO USE THE DENATURED SUGAR EXCLUSIVELY FOR ANIMAL FEED .
12 THAT CONCLUSION IS ALSO BORNE OUT BY THE TITLE AND ARTICLE 1 OF REGULATION NO 2049/69 OF THE COUNCIL , IN WHICH REGULATION NO 100/72 HAS ITS LEGAL FOUNDATION , WHERE IT IS PROVIDED IN ARTICLE 1 ( 2 ) THAT :
' ' SUGAR IN RESPECT OF WHICH A DENATURING PREMIUM HAS BEEN GRANTED SHALL BE USED ONLY FOR ANIMAL FEED ' ' .
13 FURTHER LIGHT IS CAST UPON THOSE PROVISIONS BY THEIR GENERAL PURPOSE WHICH IS DESCRIBED IN PARTICULAR IN THE SECOND AND THIRD RECITALS IN THE PREAMBLE TO REGULATION NO 2049/69 . THEY SHOW THAT THE AIM OF THE COMMUNITY LEGISLATURE IN THESE RULES IS TWO-FOLD : TO RELIEVE CONGESTION ON THE SUGAR MARKET AND TO ABSORB SURPLUSES BY RESERVING THEM FOR ANIMAL FEED BY MEANS OF DENATURING .
14 IT IS THEREFORE CLEAR THAT TRADERS TO WHOM THESE COMMUNITY RULES APPLIED - THAT