Opinion of Mr Advocate General Mischo delivered on 3 May 1990

1 Original language: French.

2 Article 12 of Regulation (EEC) No 2727/75 of the Council of 29 October 1975 on the common organization of the market in cereals (OJ 1975, L 281, p. 1).

3 Twelfth recital in the preamble to Regulation No 2727/75.

4 For ease of comprehension, the term exportation is to be understood throughout this Opinion as covering in some cases the fact of leaving the geographical territory of the Community (Article 9) and in others the fact of importation or entry for home use in a non-member country (Anicie 20).

5 Judgment of 5 February 1987 in Case 288/85 Hauptzollamt Hamburg-Jonas v Plange Kraftfutterwerke [1987] ECR 611, paragraph 14. See also the judgment of 18 November 1987 in Case 137/85 Maizena v BALM [1987] ECR 4587, paragraph 24. (Although in its judgment of 30 June 1987 in Case 47/86 Roquette Frères v ONIC [1987] ECR 2889 the Court held to be invalid a legislative measure providing for the forfeiture of part of the security corresponding to a similar increase, it was only because such forfeiture involved the loss of the entire additional percentage and had not been calculated in proportion to the (production) refund to be repaid. That is not the case here, since paragraphs 2 and 3 of Article 25 of Regulation 2730/79 provide for the forfeiture of a proportion of the total amount of the security, including the increase.)

6 Commission Regulation (EEC) No 1663/81 of 23 June 1981 amending for the fifth time Regulation (EEC) No 2730/79 amending for the second time Regulation (EEC) No 798/80 and amending Regulation (EEC) No 52/81 as regards in particular the period for submission of the documents necessary for certain payments to be made (OJ 1981, L 166, p. 9).

7 Judgment of 30 January 1974 in Case 158/73 Kampffmeyer 0 v Einfuhr- und Vorratsstelle fitr Getreide [1974] ECR 101.

8 Judgment of 25 May 1974 in Case 3/74 Einfuhr- und Vorratiitelle fur Getreide v Pfiitzenreuter [1974] ECR 589

9 Commission Regulation (EEC) No 568/85 of 4 March 1985 amending lor the 10th time Regulation (EEC) No 2730/79 laying down common detailed rules for the application of the system of expon refunds on agricultural products (OJ 1985, L 65, p. 5).

10 Commission Regulation (EEC) No 3665/87 of 27 November 1987 laying down common detailed rules for the application of the system of expon refunds on agricultural products (OJ 1987, L 351, p. 1).

11 See, in particular, the judgment of 24 September 1985 in Case 181/84 Man (Sugar) v IBAP [1985] ECR 2889, paragraph 20. See also the judgment of 27 November 1986 in Case 21/85 Maas v BALM [1986] ECR 3537, paragraph 15.

12 Judgment of 5 February 1987 in Piange Kraftfutterwerke, paragraph 11, cited above.

13 Judgment of 20 February 1979 in Case 122/78 Buitoni v Farma [1979] ECR 677, paragraphs 17 to 20.

14 Judgment of 24 September 1985 in Case 181/84 Man (Sugar) [1985] ECR 2889.

15 Judgment of 21 June 1979 in Case 240/78 Atalanta v Produktshap voor Vee en Vieti [1979] ECR 2137, paragraph 10.

16 Judgment of 27 November 1986 in Maas, cited above.

17 Case 266/84 Denkavit france v Forma [1986] ECR 149.

18 The section on detailed rules of administrative application in Commission Regulation (EEC) No 1380/75 of 29 May 1975 laying down detailed rules for the application of monetary compensatory amounts (OJ 1975, L 139, p. 37), which was at issue in Case 266/84 Denkavit France, was replaced by Commission Regulation (EEC) No 1371/81 of 19 May 1981 laying down detailed rules for the administrative application of monetary compensatory amounts (OJ 1981, L 138, p. 1). The Court's judgment of 5 February 1987 in Case 145/85 Denkavit Belgie v Belgium [1987] ECR 565 was concerned with the latter regulation.

19 See, in that regard, also the judgment of 5 February 1987 in Denkavit België, paragraphs 7 and 8, cued above.

20 See the definition of the principle of proportionality in the case-law of the Court, in particular at paragraph 17 of the Denkavit France judgment.

21 Not emphasized in the original. It is therefore sufficient for the Consul of any Member State in the port of arrival to issue such a certificate.