C-13/88

OPINION OF MR VAN GERVEN —CASE 13/88

control and payment of the production the various sectors covered by common refunds in the cereals and rice sectors can organizations of the market, and since it is validly, in the light of Council Regulation impossible for national authorities using the No 1009/86 establishing general rules normal methods of inspection to determine applying to those production refunds, make the ratio between the basic products used in the grant of such refunds conditional on a the manufacture of certain goods obtained declaration by the manufacturer that the partly from cereal or rice starch and partly starch to be used has not been produced from sugar-based products, there was a from a raw material other than maize, serious risk, which the Commission could wheat, rice or potatoes. legitimately decide to eliminate, that producers might attempt to obtain refunds In view of the divergences between the without due entitlement. Community provisions governing refunds in

OPINION OF THE ADVOCATE GENERAL

Mr Advocate General Walter Van Gerven delivered his Opinion on 24 January 1989. * He concluded that the Court should rule as follows:

Article 4 (3) of Commission Regulation (EEC) No 2169/86 of 10 July 1986 can validly make the grant of a refund conditional on the presentation of a declaration stating that the starch to be used has not been produced from a raw material other than maize, wheat, rice or potatoes.

* Original language: Dutch.