, TO INCREASE THESE LIMITS ;
WHEREAS , WHERE THE LIMIT IS INCREASED TO 25 ECU , IT IS NECESSARY TO ENSURE THAT THE ABSENCE OF A SECURITY DOES NOT RESULT IN ABUSES AND HENCE TO REQUIRE THE LICENCES AND CERTIFICATE TO BE RETURNED AFTER USE SO THAT COMPLIANCE WITH THE OBLIGATION TO IMPORT OR EXPORT MAY BE CHECKED ;
WHEREAS COUNCIL REGULATION ( EEC ) NO 652/79 OF 29 MARCH 1979 ( 5 ) LAID DOWN THE COEFFICIENT FOR EXPRESSING AMOUNTS , FIXED IN UNITS OF ACCOUNT , IN ECU ;
WHEREAS IN CASE 122/78 THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES HAS DECLARED THAT , IN ITS PRESENT VERSION , ARTICLE 18 ( 4 ) OF REGULATION ( EEC ) NO 193/75 IS NOT VALID IN THAT FORFEITURE OF THE SECURITY IN RESPECT OF A LICENCE OR CERTIFICATE SECURITY IS NOT JUSTIFIED WHERE THE PROOF OF FULFILMENT OF THE RELEVANT OBLIGATIONS IS SUPPLIED OUTSIDE THE PRESCRIBED PERIOD ;
WHEREAS IT IS NECESSARY TO KNOW WHETHER THE OBLIGATION TO IMPORT OR EXPORT HAS BEEN FULFILLED ;
WHEREAS IN THE EVENT OF THE PROOF NOT BEING SUBMITTED WITHIN A REASONABLE PERIOD IT IS FAIR TO ASSUME THAT THE OBLIGATION TO IMPORT OR EXPORT HAS NOT BEEN FULFILLED AND , EXCEPT IN CASES OF FORCE MAJEURE , TO TREAT THE SECURITY AS FORFEIT ;
WHEREAS IF , DURING A FURTHER PERIOD IN WHICH A COMPETENT TRADER CAN BE EXPECTED TO TAKE ACTION TO HAVE THE SECURITY RECOVERED , THE PROOF IS FURNISHED , THE AMOUNT FORFEIT SHALL BE REPAID , LESS A SUITABLE PROPORTION TO MARK THE LATE SUBMISSION OF THE PROOF AND THE ADDITIONAL ADMINISTRATION INVOLVED ;
WHEREAS FOR THESE REASONS ARTICLE 18 ( 4 ) OF REGULATION ( EEC ) NO 193/75 MUST BE AMENDED ;
WHEREAS , SINCE THE EXISTING PROVISION NO LONGER APPLIES , IT IS REASONABLE TO APPLY THE AMENDED PROVISION TO ANY CASE WHERE AT THE TIME OF ENTRY INTO FORCE OF THE REGULATION THE QUESTION OF THE RELEASE OF THE SECURITY HAS NOT FINALLY BEEN DECIDED UPON ;
WHEREAS THE MEASURES PROVIDED FOR IN THE REGULATION ARE IN ACCORDANCE WITH THE OPINIONS OF ALL THE MANAGEMENT COMMITTEES CONCERNED ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
REGULATION ( EEC ) NO 193/75 IS AMENDED AS FOLLOWS :
1 . THE LAST INDENT OF ARTICLE 4 ( 3 ) IS AMENDED TO READ AS FOLLOWS :
' - RELATING TO QUANTITIES SUCH THAT THE AMOUNT OF SECURITY FOR THE CORRESPONDING LICENCE WOULD BE 5 ECU OR LESS . '
2 . THE LAST SUBPARAGRAPH OF ARTICLE 5 ( 4 ) IS AMENDED TO READ AS FOLLOWS :
' WHERE THE TOTAL AMOUNT OF SECURITY IN RESPECT OF ANY LICENCE OR CERTIFICATE WOULD BE 5 ECU OR LESS NO SECURITY SHALL BE REQUIRED . '
3 . A FUTHER SUBPARAGRAPH AS FOLLOWS IS ADDED TO ARTICLE 5 ( 4 ):
' IN ADDITION , MEMBER STATES MAY ISSUE LICENCES OR CERTIFICATES WITHOUT SECURITY WHERE THE