TO TENDER WAS ISSUED . THE SECURITY IS FORFEITED IF EXPORT DOES NOT TAKE PLACE BY THAT DATE . THE AMOUNT OF THE SECURITY MAY BE INCREASED WHERE THE PRICE ON THE WORLD MARKET HAS VARIED BEYOND CERTAIN LIMITS , IN ORDER TO AVOID ANY SPECULATION BY TRADERS ( ARTICLE 13 ( 3 ) OF REGULATION NO 1880/83 ). FINALLY , IF ONLY PART OF THE SUGAR IS EXPORTED , THE SECURITY IS RELEASED ONLY IN PROPORTION TO THE QUANTITIES ACTUALLY EXPORTED , PROVIDED THAT AT LEAST 5% OF THE QUANTITY INDICATED IN THE LICENCE HAS BEEN EXPORTED ( ARTICLE 33 OF REGULATION NO 3183/80 ).
THE REPLY TO BE GIVEN TO THE QUESTION SUBMITTED TO THE COURT
15 MAN SUGAR CONTENDS , PRIMARILY , THAT THE OBLIGATION TO APPLY FOR AN EXPORT LICENCE IS NOT INTENDED TO GUARANTEE THE PRIMARY OBLIGATION TO EXPORT , WHICH IS THE ONLY FUNDAMENTAL OBLIGATION IMPOSED BY THE ABOVEMENTIONED COMMUNITY LEGISLATION . THE OBLIGATION TO SUBMIT SUCH AN APPLICATION HAS IN FACT NO REAL JUSTIFICATION .
16 IN THE ALTERNATIVE , MAN SUGAR MAINTAINS THAT , EVEN IF IT IS ACCEPTED THAT THE OBLIGATION TO APPLY FOR AN EXPORT LICENCE IS JUSTIFIABLE , THE FORFEITURE OF THE ENTIRE SECURITY FOR FAILURE TO COMPLY WITH THAT OBLIGATION INFRINGES THE PRINCIPLE OF PROPORTIONALITY , IN PARTICULAR FOR THE FOLLOWING REASONS : THE CONTESTED REGULATION UNLAWFULLY IMPOSES THE SAME PENALTY FOR FAILURE TO COMPLY WITH A SECONDARY OBLIGATION - NAMELY , THE OBLIGATION TO APPLY FOR AN EXPORT LICENCE - AS FOR FAILURE TO COMPLY WITH THE PRIMARY OBLIGATION TO EXPORT THE SUGAR . THE OBLIGATION TO APPLY FOR AN EXPORT LICENCE COULD BE ENFORCED BY OTHER , LESS DRASTIC MEANS THAN THE FORFEITURE OF THE ENTIRE SECURITY AND THEREFORE THE BURDEN IMPOSED IS NOT NECESSARY FOR THE ACHIEVEMENT OF THE AIMS OF THE LEGISLATION . THE SEVERITY OF THE PENALTY BEARS NO RELATION TO THE NATURE OF THE DEFAULT , WHICH MAY , AS IN THE PRESENT CASE , BE ONLY MINIMAL AND PURELY TECHNICAL .
17 THE UNITED KINGDOM SUBMITS THAT , AS A RESULT OF THE NEW PROVISIONS IN FORCE SINCE 1981 , THE SHORT PERIOD WITHIN WHICH SUCCESSFUL TENDERERS MUST APPLY FOR AN EXPORT LICENCE NO LONGER PERFORMS AN ESSENTIAL FUNCTION IN THE MANAGEMENT OF THE SUGAR MARKET . THE ONLY REMAINING FUNCTIONS OF THE LICENCE ARE PURELY ADMINISTRATIVE IN NATURE , NAMELY TO CONFIRM TO THE COMMISSION THE ACCURACY OF THE INFORMATION ALREADY GIVEN BY THE TRADER AT THE TIME OF HIS TENDER AND TO DETERMINE WHETHER THE MONETARY COMPENSATORY AMOUNTS APPLICABLE TO THE EXPORT ARE TO BE FIXED IN ADVANCE .
18 THE UNITED KINGDOM THEREFORE CONSIDERS THAT IT IS POSSIBLE TO REPLACE THE PRESENT SYSTEM OF RULES BY OTHER , LESS STRICT RULES WHICH WOULD CONTINUE TO ENSURE THAT THE FUNDAMENTAL OBJECTIVE , NAMELY THE EXPORT OF SUGAR , IS ACHIEVED , WHILE REDUCING THE RISK TO TRADERS REPRESENTED BY THE SEVERITY OF THE PENALTY FOR UNINTENTIONAL FAILURE TO APPLY