Einfuhr- und Vorratsstelle für Getreide und Futtermittel v Köster and Berodt & Co.
Date: 1970-12-17
6 BOTH THE LEGISLATIVE SCHEME OF THE TREATY, REFLECTED IN PARTICULAR BY THE LAST INDENT OF ARTICLE 155, AND THE CONSISTENT PRACTICE OF THE COMMUNITY INSTITUTIONS ESTABLISH A DISTINCTION, ACCORDING TO THE LEGAL CONCEPTS RECOGNIZED IN ALL THE MEMBER STATES, BETWEEN THE MEASURES DIRECTLY BASED ON THE TREATY ITSELF AND DERIVED LAW INTENDED TO ENSURE THEIR IMPLEMENTATION . IT CANNOT THEREFORE BE A REQUIREMENT THAT ALL THE DETAILS OF THE REGULATIONS CONCERNING THE COMMON AGRICULTURAL POLICY BE DRAWN UP BY THE COUNCIL ACCORDING TO THE PROCEDURE IN ARTICLE 43 . IT IS SUFFICIENT FOR THE PURPOSES OF THAT PROVISION THAT THE BASIC ELEMENTS OF THE MATTER TO BE DEALT WITH HAVE BEEN ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN BY THAT PROVISION . ON THE OTHER HAND, THE PROVISIONS IMPLEMENTING THE BASIC REGULATIONS MAY BE ADOPTED ACCORDING TO A PROCEDURE DIFFERENT FROM THAT IN ARTICLE 43, EITHER BY THE COUNCIL ITSELF OR BY THE COMMISSION BY VIRTUE OF AN AUTHORIZATION COMPLYING WITH ARTICLE 155 .
9 ARTICLE 155 PROVIDES THAT THE COMMISSION SHALL EXERCISE THE POWERS CONFERRED ON IT BY THE COUNCIL FOR THE IMPLEMENTATION OF THE RULES LAID DOWN BY THE LATTER . THIS PROVISION, THE USE OF WHICH IS OPTIONAL, ENABLES THE COUNCIL TO DETERMINE ANY DETAILED RULES TO WHICH THE COMMISSION IS SUBJECT IN EXERCISING THE POWER CONFERRED ON IT . THE SO-CALLED MANAGEMENT COMMITTEE PROCEDURE FORMS PART OF THE DETAILED RULES TO WHICH THE COUNCIL MAY LEGITIMATELY SUBJECT A DELEGATION OF POWER TO THE COMMISSION . IT FOLLOWS FROM AN ANALYSIS OF THE MACHINERY SET UP BY ARTICLES 25 AND 26 OF REGULATION NO 19 THAT THE TASK OF THE MANAGEMENT COMMITTEE IS TO GIVE OPINIONS ON DRAFT MEASURES PROPOSED BY THE COMMISSION, WHICH MAY ADOPT IMMEDIATELY APPLICABLE MEASURES WHATEVER THE OPINION OF THE MANAGEMENT COMMITTEE . WHERE THE COMMITTEE ISSUES A CONTRARY OPINION, THE ONLY OBLIGATION ON THE COMMISSION IS TO COMMUNICATE TO THE COUNCIL THE MEASURES TAKEN . THE FUNCTION OF THE MANAGEMENT COMMITTEE IS TO ENSURE PERMANENT CONSULTATION IN ORDER TO GUIDE THE COMMISSION IN THE EXERCISE OF THE POWERS CONFERRED ON IT BY THE COUNCIL AND TO ENABLE THE LATTER TO SUBSTITUTE ITS OWN ACTION FOR THAT OF THE COMMISSION . THE MANAGEMENT COMMITTEE DOES NOT THEREFORE HAVE THE POWER TO TAKE A DECISION IN PLACE OF THE COMMISSION OR THE COUNCIL . CONSEQUENTLY, WITHOUT DISTORTING THE COMMUNITY STRUCTURE AND THE INSTITUTIONAL BALANCE, THE MANAGEMENT COMMITTEE MACHINERY ENABLES THE COUNCIL TO DELEGATE TO THE COMMISSION AN IMPLEMENTING POWER OF APPRECIABLE SCOPE, SUBJECT TO ITS POWER TO TAKE THE DECISION ITSELF IF NECESSARY .
10 THE LEGALITY OF THE SO-CALLED MANAGEMENT COMMITTEE PROCEDURE, AS ESTABLISHED BY ARTICLES 25 AND 26 OF REGULATION NO 19, CANNOT THEREFORE BE DISPUTED IN THE CONTEXT OF THE INSTITUTIONAL STRUCTURE OF THE COMMUNITY .
16 THESE VARIOUS PROVISIONS MUST BE INTERPRETED IN THE LIGHT OF THE SCHEME AND OBJECTIVES BOTH OF ARTICLE 16 AND OF REGULATION NO 19 AS A WHOLE . ARTICLE 16 ( 1 ) REVEALS THE INTENTION TO ESTABLISH A SYSTEM INTENDED TO GOVERN INDISCRIMINATELY IMPORTS AND EXPORTS OF ALL THE PRODUCTS SUBJECTED TO AN ORGANIZATION OF THE MARKET BY REGULATION NO 19 . IN THE SAME WAY, PARAGRAPH ( 3 ) REFERS TO THE PROCEDURE LAID DOWN IN ARTICLE 26 FOR THE DETERMINATION OF ALL DETAILED RULES OF APPLICATION TO BE ADOPTED IN THE CONTEXT OF ARTICLE 16 .
38 THE CONCEPT OF FORCE MAJEURE ADOPTED BY THE AGRICULTURAL REGULATIONS TAKES INTO ACCOUNT THE PARTICULAR NATURE OF THE RELATIONSHIPS IN PUBLIC LAW BETWEEN TRADERS AND THE NATIONAL ADMINISTRATION, AS WELL AS THE OBJECTIVES OF THOSE REGULATIONS . IT FOLLOWS FROM THOSE OBJECTIVES AS WELL AS FROM THE POSITIVE PROVISIONS OF THE REGULATIONS IN QUESTION THAT THE CONCEPT OF FORCE MAJEURE IS NOT LIMITED TO ABSOLUTE IMPOSSIBILITY BUT MUST BE UNDERSTOOD IN THE SENSE OF UNUSUAL CIRCUMSTANCES, OUTSIDE THE CONTROL OF THE IMPORTER OR EXPORTER, THE CONSEQUENCES OF WHICH, IN SPITE OF THE EXERCISE OF ALL DUE CARE, COULD NOT HAVE BEEN AVOIDED EXCEPT AT THE COST OF EXCESSIVE SACRIFICE . THIS CONCEPT IMPLIES A SUFFICIENT FLEXIBILITY REGARDING NOT ONLY THE NATURE OF THE OCCURRENCE RELIED UPON BUT ALSO THE CARE WHICH THE EXPORTER SHOULD HAVE EXERCISED IN ORDER TO MEET IT AND THE EXTENT OF THE SACRIFICES WHICH HE SHOULD HAVE ACCEPTED TO THAT END .