Keywords

Summary



Keywords

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - IMPORT OR EXPORT DOCUMENTS - LOSS OF DOCUMENTS - CONCEPT - THEFT - INCLUSION - TRADER ' S RIGHT TO ANOTHER DOCUMENT ALLOWING THE TRANSACTION TO BE EFFECTED ON THE CONDITIONS LAID DOWN IN THE STOLEN DOCUMENT - NO SUCH RIGHT

( REGULATION ( EEC ) NO 193/75 OF THE COMMISSION , ART . 17 ( 7 ))

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - IMPORT OR EXPORT DOCUMENTS - COMMISSION ' S IMPLEMENTING POWERS - SCOPE - RULES GOVERNING THE CONSEQUENCES OF THE LOSS OF THE DOCUMENT

( REGULATION ( EEC ) NO 2727/75 OF THE COUNCIL , ART . 12 ( 2 ); REGULATION ( EEC ) NO 193/75 , ART . 17 ( 7 ))

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - IMPORT OR EXPORT DOCUMENTS - LOSS OF DOCUMENT - PROVISION TO THE EFFECT THAT THE TRANSACTION MAY NOT BE CARRIED OUT ON THE BASIS OF A DUPLICATE - PRINCIPLE OF PROPORTIONALITY - BREACH - NONE INVOLVED

( REGULATION ( EEC ) NO 193/75 , ART . 17 ( 7 ))

Summary

1 . THE REFERENCE TO ' ' LOSS ' ' OF THE EXPORT DOCUMENT IN ARTICLE 17 ( 7 ) OF REGULATION NO 193/75 INCLUDES A THEFT WHICH TAKES PLACE BEFORE OR AFTER THE PERFORMANCE OF THE IMPORT OR EXPORT TRANSACTION . THEREFORE THE AFORESAID PROVISION MUST BE INTERPRETED AS MEANING THAT AN EXPORTER WHO HAS SUFFERED THE THEFT OF AN EXPORT LICENCE OR ADVANCE FIXING CERTIFICATE MAY NOT OBTAIN A NEW LICENCE OR CERTIFICATE OR EQUIVALENT DOCUMENT PERMITTING HIM TO CARRY OUT THE EXPORT TRANSACTIONS ON THE CONDITIONS LAID DOWN IN THE STOLEN DOCUMENT .

2 . IT IS CLEAR FROM THE WORDING OF ARTICLE 12 ( 2 ) OF REGULATION NO 2727/75 THAT THE COUNCIL CONFERRED WIDE POWERS UPON THE COMMISSION FOR THE PURPOSE OF IMPLEMENTING THE SYSTEM OF IMPORT AND EXPORT LICENCES INTRODUCED BY THAT PROVISION AND THAT THE PERIOD OF VALIDITY OF LICENCES OR CERTIFICATES IS ONLY ONE EXAMPLE OF THE DETAILED RULES WHICH MAY BE ADOPTED BY THE COMMISSION UNDER THE PROCEDURE KNOWN AS THE MANAGEMENT COMMITTEE PROCEDURE .

SINCE , MOREOVER , THE FUNCTION GIVEN TO LICENCES DOES NOT ENABLE A DISTINCTION TO BE MADE BETWEEN THE RIGHT TO CARRY OUT THE TRANSACTION AND THE DOCUMENT WHICH ALLEGEDLY SERVES ONLY AS A MANIFESTATION OF THAT RIGHT , THERE IS NO REASON TO SUPPOSE THAT THE COMMISSION IS NOT EMPOWERED TO LAY DOWN RULES IN CONNEXION WITH THAT RIGHT OR TO PRESCRIBE THAT THE LOSS OF THE DOCUMENT SHALL ENTAIL THE EXTINCTION OF THE RIGHT .

3 . IT IS NECESSARY FOR THE AUTHORITIES ENTRUSTED WITH THE MANAGEMENT OF THE COMMON ORGANIZATION OF THE MARKETS TO HAVE AVAILABLE PRECISE FORECASTS ON FUTURE IMPORTS AND EXPORTS . WHILST THAT OBJECTIVE REQUIRES THAT THE PERFORMANCE OF THE UNDERTAKING TO EXPORT OR IMPORT IN ACCORDANCE WITH THE LICENCES OR CERTIFICATES ISSUED BE ENSURED BY APPROPRIATE MEANS , IT ALSO MAKES IT NECESSARY TO ENSURE THAT THE DOCUMENTS ARE USED ONLY FOR THE TRANSACTIONS COVERED THEREBY . IN THE CASE OF ADVANCE FIXING CERTIFICATES , THAT NEED IS ALL THE MORE IMPERATIVE SINCE THE USE OF SUCH CERTIFICATES TWICE OVER MAY CONFER UNJUSTIFIED BENEFITS UPON TRADERS AND THUS IMPOSE HEAVY FINANCIAL BURDENS UPON THE COMMUNITY .

IF BY REQUESTING ADVANCE FIXING TRADERS TAKE ADVANTAGE OF THE CONSIDERABLE BENEFITS DERIVED FROM THAT SYSTEM , IT IS THEREFORE JUST THAT THEY SHOULD BEAR THE DISADVANTAGES WHICH ARISE FROM THE NECESSITY , ON THE PART OF THE COMMUNITY , OF PREVENTING ANY ABUSE . THEREFORE THE RISK BORNE BY TRADERS AS A RESULT OF THE PROVISION CONTAINED IN ARTICLE 17 ( 7 ) OF REGULATION NO 193/75 IS NOT DISPROPORTIONATE IN RELATION TO THE CONTROL REQUIREMENTS .