. IT ADDS THAT THE PACKAGING WHICH IT USED MADE ANY ATTEMPT AT FRAUD MORE DIFFICULT SINCE IT IS EASIER AND LESS COSTLY TO REPLACE A PRINTED LID BY ANOTHER THAN TO TRY TO REMOVE THE SHEET OF PAPER AT THE RISK OF SOILING THE CONCENTRATED BUTTER TO WHICH THAT SHEET ADHERES AND TO REPLACE THE LID .
13 THE BOARD CONTENDS THAT IN THE CONTESTED PROVISION THE WORD ' BEARING ' RELATES TO THE WORD ' PACKS ' AND NOT TO ' BUTTER ' . IN ITS VIEW THAT IS EVEN CLEARER FROM THE DUTCH AND GERMAN VERSIONS . IN ADDITION , IT CONSIDERS THAT , ALTHOUGH A PACK NEED NOT NECESSARILY BE EQUIPPED WITH A LID , IF THAT FORM OF SEALING DEVICE IS USED , THE UPPER SURFACE OF THE PACK IS THE EXTERNAL SURFACE OF THE LID , AND CONSEQUENTLY THE REQUISITE STATEMENTS MUST APPEAR ON THE SURFACE OF THAT LID .
14 IN THE BOARD ' S VIEW , ONLY BY INTERPRETING THE DISPUTED PROVISION STRICTLY IS IT POSSIBLE TO ATTAIN THE OBJECTIVES PURSUED BY THE COMMUNITY RULES AND TO ENSURE THAT THE PRINCIPLE OF THE EQUALITY OF ALL THE TRADERS OF THE COMMUNITY IS APPLIED BY MAINTAINING NORMAL COMPETITION . IT CONSIDERS THAT A STRICT INTERPRETATION IS NOT CONTRARY TO THE PRINCIPLE OF PROPORTIONALITY BECAUSE THE OBJECTIVES OF THE REGULATION REQUIRE THAT THE PRESENTATION AND THE PACKAGING OF THE PRODUCT IN QUESTION MAKE THAT PRODUCT EASILY DISTINGUISHABLE FROM OTHER BUTTER BOTH FOR CONSUMERS AND FOR THE AUTHORITIES WHOSE DUTY IT IS TO ENSURE THAT IT IS USED IN ACCORDANCE WITH ITS INTENDED PURPOSE .
15 THE BOARD CONTENDS THAT THE METHOD USED BY CORMAN IS LIABLE TO FACILITATE FRAUD AS IT IS LESS EXPENSIVE TO REPLACE OR EVEN REMOVE THE SHEET OF FOIL PLACED BETWEEN THE LID AND THE BUTTER THAN TO REPLACE THE LID SEALING THE PACK .
16 THE COMMISSION IS CONVINCED THAT THE REQUIREMENTS OF REGULATION NO 649/78 AS TO PACKAGING CONSTITUTE AN ESSENTIAL COMPONENT OF THE SYSTEM DESIGNED TO PREVENT CONCENTRATED BUTTER FROM BEING USED FOR PURPOSES OTHER THAN THOSE ENVISAGED AND CONSIDERS THAT ANY DEROGATION FROM THOSE REQUIREMENTS WHICH MAKES IT MORE DIFFICULT TO DISTINGUISH THE PRODUCT FROM OTHER BUTTER MUST BE REGARDED AS CONTRARY TO THE COMMUNITY PROVISION .
17 THE COMMISSION MAINTAINS THAT THE PACKAGING USED BY CORMAN DOES NOT COMPLY WITH THE REQUIREMENTS OF ARTICLE 5 OF REGULATION NO 649/78 , INASMUCH AS IT MAY BE CONCLUDED MERELY FROM THE WORDING OF THAT PROVISION THAT THE REQUIRED STATEMENTS MUST INDEED APPEAR ON THE UPPER SURFACE OF THE PACK . IT CONSIDERS THAT USE OF THE FORM OF PACKAGING ADOPTED BY CORMAN WOULD MEAN THAT IT WOULD BE POSSIBLE TO DISPOSE OF THE STATEMENT ' BUTTEROIL FOR COOKING ' COMPLETELY BY THE SIMPLE OPERATION OF REMOVING THE SHEET OF PAPER PLACED UNDER THE LID . ALTHOUGH , IN VIEW OF THE SIZE OF THE PACKS , SUCH AN OPERATION IS LIKELY TO ENTAIL ADDITIONAL COSTS , THE