MANUFACTURING ITS PRODUCT TROUW EN CO . ADDED TO IT , UNDER ARTICLE 4 ( 1 ) ( A ) OF REGULATION NO 990/72 , CITED ABOVE , WHICH PROVIDES THAT FOR COMPOUND ANIMAL FEED MADE FROM SKIMMED MILK TO BE ELIGIBLE FOR COMMUNITY AID IT MUST CONTAIN AT LEAST 2% OF STARCH , BETWEEN 2% AND 2.5% OF GELATINIZED MAIZE STARCH PURCHASED FROM ITS USUAL SUPPLIERS .
4 OWING TO AN ERROR ON THE PART OF A SUPPLIER WHO DELIVERED MAIZE STARCH INTENDED FOR INDUSTRIAL USE OTHER THAN THE MANUFACTURE OF FEED AND CONTAINING A TOXIC SUBSTANCE , NAMELY PHENYL ACETATE OF MERCURY , TROUW EN CO . USED , DURING THE PERIOD BETWEEN 28 MAY AND 13 JULY 1974 , 60 000 KG OF STARCH SO CONTAMINATED AND 173 000 KG OF UNCONTAMINATED STARCH IN THE MANUFACTURE OF 7 385 300 KG OF FEED FOR CALVES .
5 ON THE DISCOVERY OF THAT FACT THE MANUFACTURE OF THE CALF FEED WAS TERMINATED AND THOSE CONSIGNMENTS WHICH HAD NOT BEEN USED WERE WITHDRAWN FROM THE MARKET . CRIMINAL PROCEEDINGS FOR BREACH OF THE NATIONAL RULES REGARDING ANIMAL FEED WERE BROUGHT AGAINST TROUW EN CO . AND THOSE QUANTITIES OF FEED WHICH WERE STILL IN STORAGE WERE SEIZED . HOWEVER , THE PROCEEDINGS WERE WITHDRAWN BECAUSE THE PUBLIC PROSECUTOR CONSIDERED THAT TROUW EN CO . HAD ACTED IN GOOD FAITH AND THAT THERE HAD BEEN NO NEGLIGENCE ON ITS PART .
6 FOR THEIR PART THE NETHERLANDS ADMINISTRATIVE AUTHORITIES TOOK PREVENTIVE VETERINARY MEASURES TO LIMIT THE DANGEROUS EFFECTS OF PUTTING CONTAMINATED FEED ON TO THE MARKET BUT DID NOT CONSIDER IT NECESSARY TO REQUIRE REIMBURSEMENT OF THE COMMUNITY AID ALREADY PAID TO TROUW EN CO .
7 THE COMMISSION , RELYING ON THE PROVISIONS OF REGULATION NO 990/72 WHICH PROVIDE THAT A CONDITION FOR THE GRANT OF COMMUNITY AID IS THAT THE ANIMAL FEED MADE WITH SKIMMED MILK SHALL HAVE A COMPOSITION WHICH IS TYPICAL OF ANIMAL FEEDINGSTUFFS AND SHALL BE CAPABLE OF USE DIRECTLY AS FEED , CONSIDERED THAT THOSE REQUIREMENTS HAD NOT BEEN COMPLIED WITH IN THIS CASE IN VIEW OF THE PRESENCE OF A TOXIC SUBSTANCE IN THE FEED , AND THEREFORE REFUSED TO CLEAR THE ITEM IN THE ACCOUNTS RELATING TO THAT AID .
8 THE NETHERLANDS GOVERNMENT BASES ON THE FOLLOWING ARGUMENTS ITS APPLICATION FOR A DECLARATION THAT THAT DECISION TO REFUSE CLEARANCE IS VOID :
( A ) THE PROVISIONS OF THE RELEVANT REGULATIONS ARE AMBIGUOUS AND SOMETIMES CONTRADICTORY SO THAT IT IS IMPOSSIBLE TO DEDUCE FROM THEIR WORDING A PRINCIPLE THAT ANIMAL FEED MADE WITH SKIMMED MILK MUST IN ORDER TO BE ELIGIBLE FOR COMMUNITY AID , COMPLY WITH CERTAIN REQUIREMENTS AS TO ITS QUALITY AND COMPOSITION .
( B)THE SAID PROVISIONS SHOULD THEREFORE BE INTERPRETED IN THE LIGHT OF THE AIMS OF THE COMMUNITY LEGISLATURE . THOSE WERE NOT TO ENSURE THAT CATTLE RECEIVED THE CORRECT NOURISHMENT BUT , IN PRINCIPLE , TO RELIEVE THE MARKET IN MILK AND TO DISPOSE OF