OF THE CONDITIONS OF ARTICLE 4 ( 1 ), SECOND SENTENCE, OF REGULATION NO 172/67 OF THE COUNCIL OF 27 JUNE 1967 ON THE GENERAL RULES GOVERNING THE DENATURING OF WHEAT ( OJ P . 2602 ), AMENDED BY ARTICLE 1 OF REGULATION NO 644/68 OF THE COUNCIL OF 29 MAY 1968 ( OJ L 122, P . 3 ).
3 ARTICLE 7 OF REGULATION NO 120/67 OF THE COUNCIL OF 13 JUNE 1967 ON THE COMMON ORGANIZATION OF THE MARKETS IN CEREALS ( OJ 1967, P . 2269 ) PROVIDES, WITHIN THE FRAMEWORK OF INTERVENTION MEASURES, THE POSSIBILITY OF THE GRANT OF A DENATURING PREMIUM FOR COMMON WHEAT . UNDER THE SAME ARTICLE THE COMMISSION IS INSTRUCTED TO ADOPT GENERAL RULES GOVERNING THE CONDITIONS FOR THE GRANT OF DENATURING PREMIUMS AND THE AMOUNT THEREOF, IN ACCORDANCE WITH THE GENERAL RULES ADOPTED BY THE COUNCIL . THESE RULES ARE THE SUBJECT-MATTER OF REGULATION NO 172/67 . ARTICLE 4 ( 1 ) OF THAT REGULATION PROVIDES THAT 'THE DENATURING PREMIUM FOR COMMON WHEAT, THE AMOUNT OF WHICH MAY VARY, SHALL BE FIXED BEFORE THE BEGINNING OF AND FOR THE DURATION OF EACH MARKETING YEAR ...'. SINCE THE APPLICATION OF THIS RULE HAD CAUSED MARKET DISTURBANCES AS A RESULT OF SHORT-TERM CHANGES THAT HAD OCCURRED DURING THE MARKETING YEAR, REGULATION NO 644/68, BY ARTICLE 1 THEREOF, SUPPLEMENTED ARTICLE 4 ( 1 ) OF REGULATION NO 172/67 BY ADDING THAT THE DENATURING PREMIUM 'MAY BE ADJUSTED DURING THE CROP YEAR WHERE THE BALANCE OF THE MARKET IN CEREALS IS LIKELY TO BE DISTURBED '. FINALLY, THE PROCEDURES FOR THE GRANT OF THESE PREMIUMS WERE LAID DOWN IN RESPECT OF THE PERIOD IN QUESTION BY REGULATION NO 1403/69 OF THE COMMISSION OF 18 JULY 1969 ( OJ L 180, P . 3 ).
4 UNDER THE PROVISIONS OF ARTICLE 3 OF REGULATION NO 172/67 'CEREALS FOR DENATURING MUST BE OF A MINIMUM QUALITY AND QUANTITY TO BE DETERMINED '. GIVING EFFECT TO THIS PROVISION, REGULATION NO 1403/69 ADOPTS A CERTAIN NUMBER OF QUALITATIVE CRITERIA CONNECTED WITH, INTER ALIA, THE SPECIFIC WEIGHT OF THE GOODS TO BE DENATURED . MORE PARTICULARLY, FOR THE PURPOSE OF ENCOURAGING THE MARKETING OF COMMON WHEAT HAVING A SPECIFIC WEIGHT IN EXCESS OF 77 KG/HL, THE SECOND ARTICLE 4 ( 2 ) IN CONJUNCTION WITH ANNEX II OF THAT REGULATION PROVIDES FOR AN INCREASE IN THE DENATURING PREMIUM RANGING FROM 0.5 PER CENT TO 2 PER CENT OF THE BASIC INTERVENTION PRICE DEPENDING ON THE SPECIFIC WEIGHT .
REGULATION NO 849/70 DISCONTINUED THIS INCREASE WITH EFFECT FROM 1 JUNE 1970 BY REPEALING ARTICLE 4 ( 2 ) AND ANNEX II OF REGULATION NO 1403/69 .
5 BEFORE THE NATIONAL COURT THE VALIDITY OF THIS REGULATION WAS DISPUTED ON THE GROUNDS OF INSUFFICIENT STATEMENT OF REASONS AND THAT THE CONDITION LAID DOWN BY REGULATION NO 644/68 - THAT 'THE BALANCE OF THE MARKET IN CEREALS IS LIKELY TO BE DISTURBED' - WAS NOT IN FACT FULFILLED .
6 THE STATEMENT OF