PIGMEAT SECTOR CONCLUDED WITH INTERVENTION AGENCIES MUST IN PARTICULAR IMPOSE THE FOLLOWING OBLIGATIONS ON THE STORER :
' ' ( A ) AT HIS OWN RISK AND EXPENSE TO TAKE THE AGREED QUANTITY OF THE PRODUCT INTO STORE WITHIN THE TIME-LIMITS LAID DOWN AND TO STORE IT FOR THE STIPULATED PERIOD , AND DURING THAT PERIOD NOT TO ALTER THE STORED PRODUCTS IN ANY WAY OR EXCHANGE THEM FOR OTHER PRODUCTS ' ' .
ARTICLE 3 ( 2 ) ALSO PROVIDES THAT THE CONTRACT CONCLUDED BETWEEN THE INTERVENTION AGENCY AND THE STORER MUST IN ADDITION IMPOSE A NUMBER OF OTHER CONDITIONS WHICH ARE PRINCIPALLY INTENDED TO PERMIT THE AGENCY TO CHECK THAT THE UNDERTAKINGS GIVEN BY THE STORER ARE COMPLIED WITH , IN PARTICULAR THAT REQUIRING HIM :
' ' ( C ) TO FORWARD TO THAT INTERVENTION AGENCY WITHOUT DELAY THE DOCUMENTS RELATING TO THE VARIOUS STORAGE OPERATIONS ' ' .
9 ARTICLE 6 ( 2 ) OF REGULATION NO 1889/76 PROVIDES THAT :
' ' WITHOUT PREJUDICE TO THE OTHER OBLIGATIONS OF THE STORER , AID MAY ONLY BE CLAIMED IF THE OBLIGATIONS SET OUT IN ARTICLE 3 ( 2 ) ( A ) ARE FULFILLED IN THEIR ENTIRETY ' ' .
10 IT ACCORDINGLY APPEARS FROM ARTICLE 3 ( 2 ) ( A ), READ IN CONJUNCTION WITH ARTICLE 6 ( 2 ), THAT THE REGULATION DRAWS A DISTINCTION BETWEEN , ON THE ONE HAND , THE PRINCIPAL OBLIGATIONS WHICH ARE INCUMBENT ON THE STORER UNDER THE STORAGE CONTRACT , THE FULFILMENT OF WHICH IS A CONDITION OF ACQUISITION OF THE RIGHT TO THE AID AND , ON THE OTHER HAND , OBLIGATIONS INTENDED TO PERMIT THE SUPERVISION OF THE STORAGE OPERATIONS . THUS ARTICLE 6 ( 2 ) OF THE REGULATION PRECLUDES THE STORER FROM CLAIMING THE AID ONLY IF THE PRINCIPAL OBLIGATIONS HAVE NOT BEEN FULFILLED IN THEIR ENTIRETY .
11 IT FOLLOWS THAT , ALTHOUGH THE STORER CANNOT CLAIM PAYMENT OF THE AID IF HE HAS NOT IN PARTICULAR SENT TO THE INTERVENTION AGENCY THE DOCUMENTS RELATING TO THE STORAGE OPERATIONS , THE MERE FACT THAT HE DID NOT DO SO WITHIN THE PRESCRIBED PERIOD DOES NOT IN ITSELF ENTAIL THE LOSS OF THE RIGHT TO AID WHERE THE PRINCIPAL OBLIGATIONS IMPOSED IN THE CONTRACT HAVE BEEN FULFILLED IN THEIR ENTIRETY .
12 THE REPLY TO QUESTION II MUST ACCORDINGLY BE THAT BELATED TRANSMISSION TO THE COMPETENT INTERVENTION AGENCY OF THE DOCUMENTS RELATING TO THE VARIOUSSTORAGE OPERATIONS DOES NOT PREVENT THE ACQUISITION OF THE RIGHT TO AID WITHIN THE MEANING OF ARTICLE 6 ( 2 ) OF REGULATION NO 1889/76 PROVIDED THAT THE OBLIGATIONS SET OUT IN ARTICLE 3 ( 2 ) OF THE SAID REGULATION HAVE BEEN FULFILLED IN THEIR ENTIRETY .
QUESTIONS III AND IV
13 FINALLY , THE COURT IS REQUESTED TO DEFINE THE SCOPE AND PRONOUNCE UPON THE VALIDITY OF ARTICLE 5 ( 2 ) OF COMMISSION REGULATION NO 1889/76 WITH PARTICULAR REFERENCE TO THE PROVISIONS LAID DOWN IN ARTICLE