Keywords
Summary

Keywords

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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EXPORT LICENCES - SYSTEM OF SECURITY - SPECIAL ARRANGEMENTS PERMITTING ADVANCE RELEASE OF THE SECURITY - EXPORTATION NOT CARRIED OUT WITHIN THE TIME-LIMIT - PENALTY - PROVISION OF FRESH SECURITY - CRIMINAL NATURE - NONE

( COMMISSION REGULATION NO 3183/80, ARTS 38*(1)*(C ) AND 42*(1 ) AND ( 3 )*)

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SYSTEM OF SECURITY - OBLIGATION TO LODGE SEVERAL SUMS BY WAY OF SECURITY IN RESPECT OF DIFFERENT RISKS IN THE CONTEXT OF A SINGLE EXPORT TRANSACTION - SIMULTANEOUS MATERIALIZATION OF THE RISKS COVERED - CUMULATIVE FORFEITURE OF THE SECURITY - PRINCIPLE OF PROPORTIONALITY - INFRINGEMENT - NONE

( COUNCIL REGULATION NO 565/80, ART . 6; COMMISSION REGULATION NO 3183/80, ART . 38*(1)*(C )*)

Summary

1 . UNDER COMMUNITY RULES SUCH AS THE SECOND INDENT OF ARTICLE 38*(1)*(C ) OF REGULATION NO 3183/80, WHICH REQUIRES THE PROVISION OF FRESH SECURITY AFTER THE RELEASE UNDER SPECIAL ARRANGEMENTS, BEFORE EXPORTATION ACTUALLY TAKES PLACE AND AT THE REQUEST OF THE EXPORTER, OF SECURITY INTENDED TO ENSURE THE PERFORMANCE BY THE LICENCE HOLDER OF HIS OBLIGATION TO EXPORT WITHIN A PRESCRIBED TIME-LIMIT, WHERE THE SAID TIME-LIMIT HAS NOT BEEN COMPLIED WITH, THE FRESH SECURITY CEASES TO BE A GUARANTEE AND BECOMES A PENALTY WHEN THE UNDERTAKING HAS NOT BEEN COMPLIED WITH AND NO LONGER CAN BE COMPLIED WITH .

HOWEVER, THAT PENALTY, WHICH IS INTENDED TO ACHIEVE THE SAME OBJECTIVE AS THE SECURITY ITSELF AND WHOSE ONLY EFFECT IS TO PLACE THE DEFAULTING TRADER IN THE SAME POSITION AS IF HE HAD NOT VOLUNTARILY OPTED FOR ADVANCE RELEASE OF THE SECURITY, IS AN INTEGRAL PART OF THE SYSTEM OF SECURITY AT ISSUE AND IS NOT CRIMINAL IN NATURE .

2 . THE FORFEITURE OF TWO SECURITIES RELATING TO THE SAME EXPORT TRANSACTIONS BUT HAVING DIFFERENT PURPOSES, ONE INTENDED TO ENSURE REPAYMENT OF THE EXPORT REFUND PAID IN ADVANCE IF EXPORTATION DOES NOT TAKE PLACE AND THE OTHER INTENDED TO ENSURE THAT THE UNDERTAKING TO EXPORT DURING THE VALIDITY OF THE EXPORT LICENCE WILL BE HONOURED, EVEN IF IT IS TRIGGERED BY THE SAME EVENT, CANNOT BE REGARDED AS DISPROPORTIONATE IF THE DIFFERENT RISKS IN RESPECT OF WHICH THE SECURITIES WERE LODGED ACTUALLY MATERIALIZE .