TO DECIDE THAT THE LICENCE CARRYING THE OBLIGATION TO IMPORT OR TO EXPORT IS CANCELLED AND THAT THE DEPOSIT IS NOT FORFEITED AS SOON AS THE PERSON CONCERNED REQUESTS IT TO DO SO OR WHETHER IT MAY MAKE THE BENEFIT OF THIS EXCEPTION TO THE RULE OF EXTENSION CONDITIONAL UPON THE SAID PERSON' S PROVIDING IT WITH SPECIAL REASONS JUSTIFYING SUCH AN EXCEPTION .
9 IT APPEARS FROM ARTICLE 8 ( 1 ) THAT THE ALTERNATIVES OF CANCELLATION OR OF EXTENSION OF THE LICENCE DO NOT APPLY IN AN ARBITRARY MANNER, IN ACCORDANCE WITH THE WISHES OF THE PERSON CONCERNED OR THE DISCRETION OF THE ADMINISTRATION CONCERNED, BUT MUST BE APPLIED IN ACCORDANCE WITH A SPECIFIC SYSTEM, CANCELLATION BEING THE RULE IN CERTAIN CIRCUMSTANCES AND EXTENSION THE RULE IN OTHER CIRCUMSTANCES RECOGNIZED AS FORCE MAJEURE .
10 THE INDICATION GIVEN IN THE ARTICLE THAT AN EXCEPTION MAY NEVERTHELESS BE MADE TO THE RULE AT THE REQUEST OF THE PERSON CONCERNED CONFIRMS THAT THE PROVISION IS INTENDED TO ESTABLISH IN THE GIVEN CIRCUMSTANCES AN ADMINISTRATIVE PRACTICE IN WHICH EITHER CANCELLATION OR EXTENSION IS THE RULE, THE ALTERNATIVE BEING APPLIED ONLY EXCEPTIONALLY .
11 BOTH THE TERMS OF ARTICLE 8 ( 1 ) AND THE DUTY OF THE MEMBER STATES TO INDICATE IN THEIR COMMUNICATIONS TO THE COMMISSION WHETHER IN THE CIRCUMSTANCES WHICH THEY HAVE ACCEPTED AS FORCE MAJEURE THE PROVISIONS APPLIED ARE THOSE OF PARAGRAPH ( 1 ) ( A ) OR ( B ) PROVE THAT THE SYSTEM REFERRED TO APPLIES NOT ONLY TO THE CASES OF FORCE MAJEURE SET OUT IN PARAGRAPH ( 2 ), BUT ALSO TO ALL OTHER CIRCUMSTANCES WHICH THE MEMBER STATES ACCEPT AS SUCH .
12 IN THE SYSTEM THUS ESTABLISHED EXCEPTIONS ARE ALLOWED UNDER PARAGRAPH ( 1 ) ONLY AT THE EXPRESS REQUEST OF THE PERSON CONCERNED AND UNDER AN EXPRESS EXCEPTION WHICH THE ADMINISTRATION OF THE MEMBER STATE CONCERNED " MAY " ADOPT .
13 THE EXCEPTION DOES NOT THEREFORE AUTOMATICALLY TAKE EFFECT AS SOON AS THE PERSON CONCERNED REQUESTS IT .
IN FACT SINCE THE POSSIBILITIES IN ARTICLE 8 ARE INTENDED ONLY TO RESOLVE DIFFICULTIES WHICH IMPORTERS OR EXPORTERS EXPERIENCE IN MEETING THEIR OBLIGATION TO IMPORT OR TO EXPORT WITHIN A FIXED PERIOD, IT WOULD BE CONTRARY TO THIS OBJECTIVE TO ALLOW THE PERSON CONCERNED TO BENEFIT ON THE PRETEXT OF THESE DIFFICULTIES BY PUTTING HIM IN A POSITION MORE FAVOURABLE THAN THAT OF HIS COMPETITORS WHO HAVE NOT EXPERIENCED COMPARABLE DIFFICULTIES .
14 CONSEQUENTLY NATIONAL ADMINISTRATIONS MAY REFUSE TO MAKE THE EXCEPTION REQUESTED WHEN THE GRANT OF THIS WOULD BE CONTRARY TO THE LEGITIMATE OBJECTIVES OR TO THE PROPER FUNCTIONING OF THE ORGANIZATION OF THE MARKET IN QUESTION .
THEY MAY THEREFORE, SUBJECT TO REVIEW BY THE JUDICIAL AUTHORITIES HAVING JURISDICTION, REQUIRE THAT REASONS SHOULD BE GIVEN FOR THE REQUEST FOR THE GRANT OF AN EXCEPTION AND THAT IT SHOULD BE JUSTIFIED .
15 IT IS APPROPRIATE TO REPLY IN THIS SENSE TO THE SECOND QUESTION .
Decision on costs
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