DOCUMENT WHOSE CONTENTS SUBSEQUENTLY PROVED TO BE ERRONEOUS AND THE ERROR WAS DUE TO A LACK OF SUPERVISION BY THE CUSTOMS AUTHORITIES AT LATER MARKETING STAGES ;
( II)THE FACT THAT THE SUCCESSFUL TENDERER ACTED IN GOOD FAITH AS REGARDS THE PROPER USE OF THE BUTTER AT THE TIME WHEN THE PROCESSING SECURITY WAS RELEASED AND THAT HE HAD PREVIOUSLY OBTAINED THE RELEASE OF THE SECURITY BY THE AUTHORITIES ON THE BASIS OF CONTROL COPIES WHOSE CONTENTS WERE ERRONEOUS .
13 THE PLAINTIFF IN THE MAIN PROCEEDINGS CONTENDS THAT THE SUCCESSFUL TENDERERS ' S OBLIGATIONS REGARDING THE PROPER USE OF THE BUTTER CONTINUE TO EXIST EVEN IF THE SECURITY WAS RELEASED ON THE BASIS OF A CONTROL DOCUMENT IN ACCORDANCE WITH ARTICLE 18 ( 2 ) OF REGULATION NO 232/75 . IT ALSO TAKES THE VIEW THAT NONE OF THE CIRCUMSTANCES MENTIONED IN QUESTIONS 2 , 3 OR 4 ALTER THE SUCCESSFUL TENDERERS ' S OBLIGATIONS OR CONSTITUTE A CASE OF FORCE MAJEURE WITHIN THE MEANING OF ARTICLE 18 ( 2 ) OF THE REGULATION .
14 THE DEFENDANT IN THE MAIN PROCEEDINGS CONTENDS THAT REGULATION NO 232/75 DOES NOT PROVIDE FOR ANY OTHER SANCTION THAN THE LOSS OF THE SECURITY WHERE THE BUTTER IS USED FOR PURPOSES OTHER THAN THOSE FOR WHICH IT IS INTENDED . CONSIDERATIONS OF LEGAL CERTAINTY AND THE LEGITIMATE EXPECTATION OF TENDERERS THAT MEMBER STATES WILL PERFORM THEIR SUPERVISORY DUTIES PROPERLY ALSO SUPPORT THE VIEW THAT THE MEMBER STATES THEMSELVES ARE SOLELY RESPONSIBLE FOR BREACHES OF THE PROCESSING OBLIGATION WHICH COME TO LIGHT AFTER THE SECURITY HAS BEEN DULY RELEASED . IF THE PROCESSING SECURITY WAS TO BE REGARDED ONLY AS A SECURITY FOR ANOTHER ECONOMIC SANCTION , THAT OUGHT TO HAVE BEEN EXPRESSLY LAID DOWN IN REGULATION NO 232/75 AND THE EXCEPTIONS OF FORCE MAJEURE SHOULD ALSO APPLY TO THE OTHER SANCTIONS AND NOT ONLY TO THE SECURITY . IRREGULAR USE OF THE BUTTER WHERE THE IRREGULARITY RESULTS FROM ERRORS WHICH WERE DISCOVERED IN THE DOCUMENTS OF PROOF ONLY AFTER THE SECURITY HAD BEEN RELEASED AND WERE DUE TO INSUFFICIENT SUPERVISION MUST CONSTITUTE A CASE OF FORCE MAJEURE AS FAR AS THE SUCCESSFUL TENDERER IS CONCERNED . IN THE DEFENDANT ' S VIEW , THE MEANS OF PROOF REFERRED TO IN ARTICLE 18 ( 2 ) ALSO HAVE AN ABSOLUTE CHARACTER . IF SUCH FORMALLY VALID PROOF IS FURNISHED IN ACCORDANCE WITH ARTICLE 18 ( 2 ), THE INTERVENTION AGENCY WITH WHICH THE SECURITY WAS DEPOSITED IS NOT ENTITLED TO INVESTIGATE ON ITS OWN INITIATIVE WHETHER THE BUTTER WAS USED WITHIN THE PERIOD PRESCRIBED AND IN ACCORDANCE WITH ITS INTENDED PURPOSE . IT MUST RELEASE THE SECURITY . NOR MAY THE INTERVENTION AGENCY WHICH SOLD THE BUTTER , IN THIS CASE THE PLAINTIFF IN THE MAIN PROCEEDINGS , BE ALLOWED TO FURNISH PROOF TO THE CONTRARY .
15 THE DEFENDANT IN THE MAIN PROCEEDINGS ALSO SUBMITS THAT IF THE MEMBER STATE CONCERNED HAS EXERCISED ITS RIGHT UNDER ARTICLE 18 ( 3 ) OF REGULATION