FOR THE GRANT OF AID FOR SKIMMED MILK USED FOR ANIMAL FEED , WITH A VIEW , INTER ALIA , TO REDUCING THE MILK SURPLUS IN THE COMMUNITY . SINCE IT BECAME CLEAR THAT SKIMMED MILK WAS TRADITIONALLY USED AS FEED FOR CALVES , IN 1977 THE COMMUNITY REGULATIONS INTRODUCED A SPECIAL INCENTIVE FOR THE USE OF SKIMMED MILK AS FEED FOR OTHER ANIMALS , IN PARTICULAR PIGS . THE DUAL NATURE OF THE AID LAID IT OPEN TO THE RISK OF ABUSE AND THAT RISK WAS PARTICULARLY GREAT IN CONNECTION WITH MIXED FARMS .
16 IT FOLLOWS THAT , WITHOUT A RELIABLE AND SIMPLE SYSTEM OF SUPERVISION , THE AID SCHEME COULD NO LONGER OPERATE . THE OPERATION OF THE SCHEME WOULD BE JEOPARDIZED IF FARMERS WERE NOT INDUCED TO COMPLY FULLY WITH THEIR UNDERTAKINGS , IN PARTICULAR WITH REGARD TO THE TRUTH OF DECLARATIONS MADE AND TIME-LIMITS WITHIN WHICH SUCH DECLARATIONS ARE TO BE SUBMITTED .
17 AS FAR AS TIME-LIMITS ARE CONCERNED , IT SHOULD BE RECALLED THAT THE REGULATION ITSELF PROVIDES THAT WHERE SUCH TIME-LIMITS ARE EXCEEDED BY LESS THAN 10 DAYS THE SPECIAL AID IS NOT WITHHELD IN ITS ENTIRETY . THUS THE COMMUNITY RULES TAKE INTO ACCOUNT THE CONSIDERABLE DISADVANTAGE REPRESENTED BY THE LOSS OF THE ENTIRE AID WHERE THE TIME-LIMITS PRESCRIBED HAVE BEEN EXCEEDED ONLY SLIGHTLY . IN THE PREAMBLE TO REGULATION NO 188/83 IT IS ACKNOWLEDGED THAT THE STRICT APPLICATION OF TIME-LIMITS WHERE THEY ARE EXCEEDED ONLY SLIGHTLY WOULD ENTAIL LOSS OF THE FULL AMOUNT OF THE AID AND IT IS STATED THAT ' THE AID SHOULD BE REDUCED IN LINE WITH THE SERIOUSNESS OF THE FAILURE TO OBSERVE ' THE OBLIGATIONS IN QUESTION . IN THOSE CIRCUMSTANCES IT IS NOT FOR THE COURT TO CONSIDER WHETHER THE LEGISLATIVE BODIES OF THE COMMUNITY SHOULD HAVE PROVIDED THAT TIME-LIMITS WERE ' ONLY SLIGHTLY EXCEEDED ' WHERE THEY WERE EXCEEDED BY 12 OR 13 DAYS RATHER THAN 10 DAYS .
18 ACCORDINGLY , THE REPLY TO THE SECOND AND THIRD QUESTIONS MUST BE THAT THE LOSS OF THE FULL AMOUNT OF THE SPECIAL AID WHERE THE DECLARATIONS MADE CONCERNING THE NUMBER OF CALVES KEPT ON A MIXED FARM ARE INCORRECT OR WHERE THE PERIOD LAID DOWN IN ARTICLE 4 OF REGULATION NO 2793/77 IS EXCEEDED BY MORE THAN 10 DAYS IS NOT CONTRARY TO THE PRINCIPLE OF PROPORTIONALITY .
THE FOURTH AND FIFTH QUESTIONS
19 THE FOURTH AND FIFTH QUESTIONS CONCERN THE INTERPRETATION OF ARTICLE 5 ( 3 ) ( B ) OF REGULATION NO 2793/77 . ACCORDING TO THAT PROVISION ANY APPLICATION FOR THE PAYMENT OF SPECIAL AID SUBMITTED BY THE DAIRY TO THE COMPETENT AUTHORITY IS TO BE ACCOMPANIED BY A DECLARATION THAT THE DAIRY WILL , AS APPROPRIATE , FOREGO OR REPAY THE SPECIAL AID ' WHOLLY OR IN PART ' TO THE COMPETENT AUTHORITY IF IT IS FOUND THAT THE FARMER HAS NOT ABIDED BY ONE OF THE UNDERTAKINGS REFERRED TO IN ARTICLE 4 OF THE REGULATION .
20 THE