Article 18 of regulation no 1259/72 as amended by regulation no 1237/73 must be interpreted as meaning that even where the successful tenderer does not himself carry out processing it is necessary to establish that the processed products comply with the conditions laid down in article 6(1)(c) of the regulation and that they have been produced within the period prescribed before the deposit may be released. The system regarding the processing deposit laid down by regulation no 1259/72 rests on a proper legal basis and was adopted in accordance with the opinion of the management committee concerned; as the forfeiture of the deposit is not in the nature of a penalty for non-fulfilment of an independent obligation, the system does not exceed what is appropriate and necessary to attain the objective desired.
Citations:
C-99/76
European, Commercial
Updated: 10 April 2022; Ref: scu.132499