OF CEREALS AND THEIR WITHDRAWAL FROM THE MARKET FOR HUMAN CONSUMPTION , HAS BEEN ACHIEVED . ACCORDINGLY , THERE WAS NO INTENT TO DEFRAUD IN THEIR CONDUCT , AS IS APPARENT FROM THE POSITIVE RESULTS OF THE SUPERVISION EXERCISED DURING THE OPERATION . ACCORDING TO THE PLAINTIFFS IN THE MAIN ACTION , STRICT COMPLIANCE WITH THE STANDARD METHOD DOES NOT CONSTITUTE A CONDITION FOR THE CREATION OF A RIGHT TO THE PREMIUM . THE PREMIUM MUST BE PAID AS SOON AS THE CEREALS CAN NO LONGER BE USED FOR HUMAN CONSUMPTION , IRRESPECTIVE OF THE MEANS USED TO ACHIEVE THAT END .
8 THE COMMISSION AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY MAINTAIN , HOWEVER , THAT THE WORDING OF REGULATIONS NOS 172/67 AND 1403/69 AND THE NEED TO APPLY COMMUNITY LAW IN A UNIFORM MANNER SHOW THAT COMPLIANCE WITH THE COMMUNITY STANDARD METHOD OR WITH THE METHODS WHICH MAY REPLACE IT UNDER NATIONAL LAW ON THE CONDITIONS LAID DOWN BY ARTICLE 2 ( 2 ) OF REGULATION NO 172/67 IS MANDATORY .
9 IT IS CLEAR FROM THE VERY WORDING OF THE SECOND PARAGRAPH OF ARTICLE 1 OF REGULATION NO 1403/69 , WHICH HAS ALREADY BEEN QUOTED , THAT IN THE CASE OF DENATURING BY COLOURING , ONLY THE STANDARD METHOD DEFINED BY COMMUNITY LAW MAY BE USED .
10 THOSE PROVISIONS ARE MANDATORY IN NATURE . THEIR NATURE IS , MOREOVER , IN CONFORMITY WITH THE PRINCIPLE CONSISTENTLY REFERRED TO IN THE CASE-LAW OF THE COURT TO THE EFFECT THAT PROVISIONS OF COMMUNITY LAW AND , IN PARTICULAR , OF COUNCIL OR COMMISSION REGULATIONS WHICH CREATE A RIGHT TO BENEFITS FINANCED BY COMMUNITY FUNDS MUST BE GIVEN A STRICT INTERPRETATION . FURTHERMORE , TO DISREGARD THE PROVISIONS OF THE SECOND PARAGRAPH OF ARTICLE 1 OF REGULATION NO 1403/69 WOULD CREATE A TWOFOLD RISK : IN THE FIRST PLACE , AN APPRAISAL OF THE QUESTION WHETHER THE METHODS ADOPTED FOR THE DENATURING OF THE WHEAT OR RYE HAVE RENDERED THE CEREALS UNFIT FOR HUMAN CONSUMPTION MIGHT VARY FROM ONE MEMBER STATE TO ANOTHER AND EVEN WITHIN EACH MEMBER STATE , AND SECONDLY , THE EQUALITY OF STATUS OF UNDERTAKINGS CLAIMING THE GRANT OF A DENATURING PREMIUM FROM THE COMMUNITY FUNDS ADMINISTERED BY THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND ( HEREINAFTER REFERRED TO AS ' ' THE FUND ' ' ) MIGHT BE COMPROMISED .
11 IN THOSE CIRCUMSTANCES , THE ANSWER TO THE FIRST QUESTION RAISED BY THE COURT MAKING THE REFERENCE SHOULD BE THAT A DENATURING PREMIUM GRANTED ON THE BASIS OF ARTICLE 4 ( 2 ) OF REGULATION NO 172/67 MUST , IF THE STANDARD METHOD LAID DOWN IN ANNEX I TO REGULATION NO 1403/69 OF THE COMMISSION IS SELECTED , BE REGARDED AS WRONGLY PAID IF THE RULES FOR THE USE OF THAT METHOD HAVE NOT BEEN COMPLIED WITH .
12 CERTAIN INFORMATION CONTAINED IN THE FILE ON THE CASE LEADS TO THE ASSUMPTION THAT DENATURING BY COLOURING WAS NOT THE ONLY METHOD