Agriculture – Common organization of the markets – Cereals – Rice – Production refunds for the use of starch – Conditions for granting such refunds – Use of products derived solely from specified raw materials – Starch obtained partly from other products – Disallowed – Whether legal
Article 6 of Council Regulation No 1009/86 establishing general rules applying to production refunds in the cereals and rice sector empowers the Commission to lay down detailed rules for the application thereof.
In determining the extent of the powers thus conferred by the Council on the Commission, the reference to ‘implementation’ in Article 155 of the Treaty must be interpreted widely ( see judgment of 30 October 1975 in Case 23/75 Rey Soda (( 1975 )) ECR 1279 ); the Commission is authorized to adopt all the measures which are necessary or appropriate for the implementation of the basic legislation, provided that they are not contrary to such legislation or to the implementing legislation adopted by the Council ( see judgment of 15 May 1984 in Case 121/83 Zuckerfabrik Franken (( 1984 )) ECR 2039 ).
Article 4(3 ) of Commission Regulation No 2169/86 laying down detailed rules for the control and payment of the production refunds in the cereals and rice sectors can validly, in the light of Council Regulation No 1009/86 establishing general rules applying to those production refunds, make the grant of such refunds conditional on a declaration by the manufacturer that the starch to be used has not been produced from a raw material other than maize, wheat, rice or potatoes.
In view of the divergences between the Community provisions governing refunds in the various sectors covered by common organizations of the market, and since it is impossible for national authorities using the normal methods of inspection to determine the ratio between the basic products used in the manufacture of certain goods obtained partly from cereal or rice starch and partly from sugar-based products, there was a serious risk, which the Commission could legitimately decide to eliminate, that producers might attempt to obtain refunds without due entitlement .
Citations:
R-13/88, [1989] EUECJ R-13/88
Links:
Statutes:
Council Regulation No 1009/86; Commission Regulation No 2169/86 4(3)
Jurisdiction:
European
Agriculture
Updated: 21 June 2022; Ref: scu.215669