FOR AN EXPORT LICENCE WITHIN THE PRESCRIBED PERIOD .
19 THE COMMISSION , ON THE OTHER HAND , CONSIDERS THAT THE CONTESTED PROVISION OF REGULATION NO 1880/83 IS VALID . IT ARGUES IN THE FIRST PLACE THAT , WITH REGARD TO THE PRINCIPLE OF PROPORTIONALITY , THE COURT HAS DRAWN A DISTINCTION BETWEEN TWO TYPES OF OBLIGATION WHICH COMMUNITY LAW MAY IMPOSE . ACCORDING TO THE COMMISSION , THE COURT DISTINGUISHES BETWEEN PRIMARY OBLIGATIONS , WHERE THE LEGISLATION REQUIRES THE PERFORMANCE OF SOME ACT ESSENTIAL TO ACHIEVE THE AIMS PURSUED BY THE LEGISLATION AND WHERE FAILURE TO COMPLY WITH THE OBLIGATION MAY LEAD TO FORFEITURE OF THE ENTIRE SECURITY , AND SECONDARY OBLIGATIONS , ESSENTIALLY OF AN ADMINISTRATIVE NATURE . IN THE COMMISSION ' S VIEW , IT IS CLEAR FROM THE JUDGMENTS OF THE COURT THAT IT IS ONLY THE PENALTY FOR INFRINGEMENT OF SUCH A SECONDARY OBLIGATION WHICH MUST BE PROPORTIONATE TO THE OBJECTIVE OF ADMINISTRATIVE EFFICIENCY SOUGHT BY THE MEASURE IN QUESTION . IN THIS INSTANCE THE OBLIGATION TO APPLY FOR AN EXPORT LICENCE IS A PRIMARY OBLIGATION COMPARABLE TO THE OBLIGATION TO EXPORT .
20 IT SHOULD BE NOTED THAT , AS THE COURT HELD IN ITS JUDGMENTS OF 20 FEBRUARY 1979 ( CASE 122/78 , BUITONI V FORMA , ( 1979 ) ECR 677 ) AND OF 23 FEBRUARY 1983 ( CASE 66/82 , FROMANCAIS SA V FORMA , ( 1983 ) ECR 395 ), IN ORDER TO ESTABLISH WHETHER A PROVISION OF COMMUNITY LAW IS IN CONFORMITY WITH THE PRINCIPLE OF PROPORTIONALITY IT IS NECESSARY TO ASCERTAIN WHETHER THE MEANS WHICH IT EMPLOYS ARE APPROPRIATE AND NECESSARY TO ATTAIN THE OBJECTIVE SOUGHT . WHERE COMMUNITY LEGISLATION MAKES A DISTINCTION BETWEEN A PRIMARY OBLIGATION , COMPLIANCE WITH WHICH IS NECESSARY IN ORDER TO ATTAIN THE OBJECTIVE SOUGHT , AND A SECONDARY OBLIGATION , ESSENTIALLY OF AN ADMINISTRATIVE NATURE , IT CANNOT , WITHOUT BREACHING THE PRINCIPLE OF PROPORTIONALITY , PENALIZE FAILURE TO COMPLY WITH THE SECONDARY OBLIGATION AS SEVERELY AS FAILURE TO COMPLY WITH THE PRIMARY OBLIGATION .
21 IT IS CLEAR FROM THE WORDING OF THE ABOVEMENTIONED COUNCIL AND COMMISSION REGULATIONS CONCERNING STANDING INVITATIONS TO TENDER FOR EXPORTS OF WHITE SUGAR , FROM AN ANALYSIS OF THE PREAMBLES THERETO AND FROM THE STATEMENTS MADE BY THE COMMISSION IN THE PROCEEDINGS BEFORE THE COURT THAT THE SYSTEM OF SECURITIES IS INTENDED ABOVE ALL TO ENSURE THAT THE UNDERTAKING , VOLUNTARILY ENTERED INTO BY THE TRADER , TO EXPORT THE QUANTITIES OF SUGAR IN RESPECT OF WHICH TENDERS HAVE BEEN ACCEPTED IS FULFILLED . THE TRADER ' S OBLIGATION TO EXPORT IS THEREFORE UNDOUBTEDLY A PRIMARY OBLIGATION , COMPLIANCE WITH WHICH IS ENSURED BY THE INITIAL LODGING OF A SECURITY OF 9 ECU PER 100 KILOGRAMS OF SUGAR .
22 THE COMMISSION CONSIDERS , HOWEVER , THAT THE OBLIGATION TO APPLY FOR AN EXPORT LICENCE WITHIN A SHORT PERIOD , AND TO COMPLY WITH THAT TIME-LIMIT STRICTLY , IS ALSO A PRIMARY OBLIGATION AND AS SUCH