COMPRISING THE LODGING, OR PROOF OF THE LODGING, OF A SINGLE SECURITY TO GUARANTEE COMPLETION OF THE WHOLE EXPORT OPERATION IN ACCORDANCE WITH THE PRESCRIBED CONDITIONS, GIVES A CLEAR INDICATION OF THE UNITY OF THE CERTIFICATE RECORDING ADVANCE FIXING BOTH OF THE MONETARY COMPENSATORY AMOUNT AND OF THE REFUND .
THE CERTIFICATE RECORDS ALL THE RELEVANT DETAILS FOR A GIVEN EXPORT OPERATION, NAMELY THE TYPE, QUANTITY AND WEIGHT OF THE PRODUCT, THE HOLDER OF THE CERTIFICATE, THE PERIOD OF VALIDITY, WHERE APPROPRIATE THE RATE OF REFUND, THE COMPENSATORY AMOUNT AND THE STATE OF EXPORTATION, AND MUST THEREFORE BE CONSIDERED, DESPITE THE DIFFERENCE IN THE TERMS USED IN CERTAIN OF THE LANGUAGE VERSIONS TO DESCRIBE THE MEASURE AUTHORIZING EXPORTATION AND THE MEASURE WHEREBY THE REFUND AND THE MONETARY COMPENSATORY AMOUNT ARE FIXED IN ADVANCE, TO BE A SINGLE ADMINISTRATIVE DOCUMENT .
THE ADVANCE FIXING OF MONETARY COMPENSATORY AMOUNTS AND OF EXPORT REFUNDS WAS INTRODUCED TO PROMOTE LEGAL CERTAINTY IN TRANSACTIONS WHICH ECONOMIC OPERATORS MUST BE ABLE TO CARRY OUT ON TERMS KNOWN TO THEM AND TO GIVE THE LATTER A GUARANTEE OF EQUIVALENCE BETWEEN THE WORLD PRICE ON THE ONE HAND, AND, ON THE OTHER, NOT ONLY THE COMMUNITY PRICE BUT ALSO THE NATIONAL PRICE . THE PURPOSE OF A COMPREHENSIVE GUARANTEE OF THAT KIND IS TO PROTECT ECONOMIC OPERATORS FROM UNFAVOURABLE DEVELOPMENTS WHICH WERE UNFORESEEABLE AT THE TIME WHEN THE CONTRACT WAS CONCLUDED, WITHOUT, HOWEVER, ALLOWING THEM, SAVE IN EXCEPTIONAL CIRCUMSTANCES, TO SECURE A PROFIT FROM A FAVOURABLE TREND . WHILST ECONOMIC OPERATORS OBTAIN CONSIDERABLE ADVANTAGES IN THAT WAY FROM THE SYSTEM OF ADVANCE FIXING, IT IS JUST, IN VIEW OF THE FACT THAT IT IS NECESSARY FOR THE COMMISSION TO PREVENT ANY ABUSE, THAT THEY SHOULD BEAR ANY DISADVANTAGES INHERENT IN IT ( SEE JUDGMENT OF 26 JUNE 1980 IN CASE 808/79 PARDINI (( 1980 )) ECR 2103 ).
IT IS THUS APPARENT FROM THE WHOLE SYSTEM OF EXPORT CERTIFICATES AND ADVANCE FIXING FOR AGRICULTURAL PRODUCTS THAT THE EXPORT CERTIFICATE PROPERLY SO CALLED, THE ADVANCE FIXING OF THE EXPORT REFUND AND THAT OF THE MONETARY COMPENSATORY AMOUNT CANNOT BE SEPARATED FROM EACH OTHER BUT, FROM THE LEGAL STANDPOINT, FORM A SINGLE UNIT . ALL THE ENTRIES ON THE SINGLE ADMINISTRATIVE DOCUMENT ISSUED TO THE ECONOMIC OPERATOR BY THE NATIONAL ISSUING AUTHORITY THUS FORM AN INTEGRAL PART OF IT AND ARE BINDING ON THE ECONOMIC OPERATOR; THE LATTER MAY NOT THEREFORE, TO SUIT HIS OWN CONVENIENCE, WAIVE ONE AND AVAIL HIMSELF ONLY OF THE OTHERS .
IT MUST THEREFORE BE STATED IN REPLY TO THE FIRST QUESTION THAT ARTICLE 2 ( 3 ) OF REGULATION ( EEC ) NO 243/78 AND ARTICLE 16 ( 4 ) OF REGULATION ( EEC ) NO 2727/75 MUST BE INTERPRETED AS MEANING THAT THE ADVANCE FIXING OF THE EXPORT REFUND NOTED ON AN EXPORT CERTIFICATE IN WHICH THE MONETARY COMPENSATORY AMOUNT IS ALSO FIXED IN ADVANCE CANNOT BE APPLIED WHERE THE GOODS ARE EXPORTED FROM A MEMBER STATE OTHER THAN THAT SPECIFIED IN THE