ONLY TO AN AMOUNT EQUAL TO THAT OF THE REFUND ON THE QUANTITY ACTUALLY PROCESSED .
17 IT MUST BE HELD THAT THERE IS NO AMBIGUITY IN THE WORDING OF THE PROVISION . IT EXPRESSLY STATES THAT, IN THE SPECIFIED CASES, THE SECURITY IS TO BE RELEASED IN RESPECT OF AN AMOUNT EQUAL TO THAT OF THE PRODUCTION REFUND PAYABLE ON THE QUANTITY OF THE BASIC PRODUCT WHICH HAS BEEN PROCESSED . FURTHERMORE, IT FOLLOWS FROM ARTICLE 3*(5 ) THAT THE PART OF THE SECURITY WHICH IS NOT RELEASED UNDER THE PROVISIONS OF ARTICLE 3 IS TO BE FORFEITED
18 THE QUESTION WHETHER ARTICLE 3*(3)*(A ) IS IN CONFORMITY WITH THE PRINCIPLE OF PROPORTIONALITY MUST NEXT BE EXAMINED .
19 IT SHOULD BE RECALLED THAT THE COURT HAS CONSISTENTLY HELD ( SEE THE RECENT JUDGMENT OF THE COURT OF 18 MARCH 1987, CASE 56/86 SOCIETE POUR L' EXPORTATION DES SUCRES SA (( 1987 )) ECR ) THAT IN ORDER TO DETERMINE WHETHER A PROVISION OF COMMUNITY LAW IS IN CONFORMITY WITH THE PRINCIPLE OF PROPORTIONALITY IT IS NECESSARY TO VERIFY WHETHER THE MEANS WHICH IT EMPLOYS ARE APPROPRIATE TO ACHIEVE THE OBJECTIVE PURSUED AND WHETHER OR NOT THEY GO BEYOND WHAT IS NECESSARY TO ACHIEVE IT .
20 WITH A VIEW TO PROCEEDING TO SUCH AN EXAMINATION, IT IS NECESSARY IN THIS CASE TO DISTINGUISH BETWEEN, FIRST, THAT PART OF THE SECURITY WHICH CORRESPONDS TO THE TOLERANCE OF 4% AND, SECONDLY, THAT PART WHICH CORRESPONDS TO THE ADDITIONAL 5% ON TOP OF THE AMOUNT OF THE REFUND GRANTED .
21 AS REGARDS THE PART OF THE REFUND WHICH CORRESPONDS TO THE TOLERANCE, IT MUST BE HELD THAT THE FIXING OF A MAXIMUM PERCENTAGE OF IMPURITIES CONTAINED IN THE BASIC PRODUCT CONSTITUTES AN APPROPRIATE METHOD OF ENSURING THAT THE PRODUCT WHOSE PLACING UNDER OFFICIAL SUPERVISION GIVES RISE TO PAYMENT OF THE PRODUCTION REFUND IS OF NORMAL QUALITY AND THAT PRODUCTION IS CARRIED OUT WITH THE CARE NORMALLY EXPECTED OF A PRUDENT MANUFACTURER . IT HAS NOT BEEN ESTABLISHED IN THIS CASE THAT THE TOLERANCE LAID DOWN BY THE CONTESTED PROVISION WAS FIXED AT A LEVEL WHICH WAS TOO LOW FOR SUCH A MANUFACTURER TO COMPLY WITH .
22 IT MUST ALSO BE POINTED OUT THAT THE OBJECTIVES OF FIXING A MAXIMUM TOLERANCE COULD NOT BE FULLY REALIZED IF, WHEN IT WAS
EXCEEDED, THE TRADER WAS STILL ENTITLED TO THE PART OF THE REFUND WHICH CORRESPONDED TO THAT TOLERANCE . THE PROVISION THAT THAT PART OF THE REFUND WOULD BE LOST AND AN EQUIVALENT PART OF THE SECURITY NOT RELEASED WAS IN FACT INTENDED TO GIVE BINDING EFFECT TO THE MAXIMUM TOLERANCE AND MAY NOT THEREFORE BE CONSIDERED CONTRARY TO THE PRINCIPLE OF PROPORTIONALITY .
23 AS REGARDS THE LOSS OF THAT PART OF THE SECURITY CORRESPONDING TO THE ADDITIONAL 5%, IT SHOULD BE NOTED FIRST OF ALL THAT ARTICLE 3*(1 ) OF REGULATION NO*1570/78 OF THE COMMISSION MERELY REFERS TO THE "SECURITY GUARANTEEING THE PROCESSING AND/OR USE OF THE BASIC PRODUCT"