Opinion of Mrs Advocate General Rozès delivered on 4 October 1983

1 Translated from the French.

2 The Council decision of 17 March 1970 concluding both those agreements was published in the Journal Officiel des Communautés Européennes, L 66, 23. 3. 1970, p. 1.

3 Official Journal, L 219, 9. 8. 1974, p. 24.

4 Article 22 a of Regulation No 120/67/EEC of the Council of 13 June 1967 on the common organization of the market in cereals, inserted by Regulation (EEC) No 289/69 of the Council of 17 February 1969; see also Article 28 (1) of Regulation (EEC) No 2727/75 of the Council of 29 October 1975.

5 Regulation (EEC) No 1693/72 of the Council of 3 August 1972 fixing criteria for the mobilization of cereals intended as food aid, Official Journal, English Special Edition 1966-72, p. 108, as repealed and replaced by Regulation No 2750/75 of 29 October 1975, Official Journal, L 281, 1. 11. 1975, p. 89; the detailed rules for the implementation of Regulation No 1693/72 were set forth in Regulation No 522/73 of the Commission of 14 February 1973, Official Journal, L 50, 23. 2. 1973, p. 33. Regulation No 1703/72 of the Council of 3 August 1972 amending Regulation No 2052/69 as regards the Community financing of expenditure arising from the implementation of the Food Aid Convention of 1967 and laying down rules for the Community financing of expenditure arising from the implementation of the Food Aid Convention of 1971, Official Journal, English Special Edition, Second Series, II, Agriculture and Food Aid, p. 54. Regulation (EEC) No 2681/74 of the Council of 21 October 1974 on Community financing of expenditure incurred in respect of the supply of agricultural products as food aid, Official Journal, L 288, 25. 10 1974, p. 1.

6 See second recital in the preamble to Regulation (EEC) No 2681/74 of the Council of 21 October 1974, Official Journal, L 288, 25. 10. 1974, p. 1 ; that regulation virtually took over the provisions of Regulation No 1700/72, although the latter has never formally been repealed.

7 Regulation (EEC) No 974/71 of the Council of 12 May 1971, Official Journal, English Special Edition 1971 (I), p. 257.

8 Regulation (EEC) No 2315/69 of the Commission of 19 November 1969 on the use of Community transit documents for the purpose of applying Community measures for verifying the use and/or destination of goods.

9 Article 16 of Regulation No 120/67.

10 Article 14 of Regulation No 1463/73.

11 Official Journal, L 51, 27. 2. 1975, p. 5.

12 Article 3 of Regulation No 456/75; those provisions were repeated in Article 18 of Regulation No 1380/75 of the Commission of 29 May 1975 laying down detailed rules for the application of monetary compensatory amounts, which came into force on 1 June 1975.

13 Official Journal, C 344, 31. 12. 1981, p. 110, paragraph 9.17.

14 Case 94/71, [1972] ECR 307.

15 Articles 4 (3) and 18 of Regulation (EEC) No 1380/75 of the Commission of 29 May 1975; see also Kühlhaus judgment of 9 March 1978, Case 79/77 [1978] ECR 611.

16 Article 4 of Regulation No 1463/73.

17 Case 302/81, [1982] ECR 3443.

18 Case 55/74, [1975] ECR 9, at p. 22.

19 Article 1 of Regulation No 2315/69 of the Commission of 19 November 1969, which subsequently became Article 10 of Commission Regulation (EEC) No 223/77 of 22 December 1976 on provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure, as amended by Commission Regulation (EEC) No 2105/81 of 16 July 1981, Official Journal, L 207, 27. 7. 1981, p. 1.