SECURITY MAY BE RELEASED IS DERIVED FROM A COMMUNITY CONCEPT WHOSE SIGNIFICANCE AND SCOPE MUST BE INDEPENDENT OF NATIONAL CUSTOMS PROCEDURES WHICH HAVE NOT YET BEEN HARMONIZED .
IT FOLLOWS FROM THIS THAT, AS THE ORDER BY WHICH THE CUSTOMS AUTHORITIES CONCLUDE THE CLEARANCE PROCEDURE AND AUTHORIZE RELEASE OF THE GOODS FOR FREE CIRCULATION MAY BE SUBJECT TO CONSIDERATIONS WHICH VARY FROM ONE MEMBER STATE TO THE OTHER, SUCH AS, FOR EXAMPLE, THOSE ARISING FROM DIFFERENT PATTERNS OF LEGISLATION GOVERNING MEDICAL INSPECTION OF MEAT, THIS CANNOT BE TREATED AS THE SOLE DECIDING FACTOR .
5 THE AIM OF THE PROVISIONS OF ARTICLE 15 ( 1 ) AND 15 ( 5 ) IS TO DEFINE THE DATE FROM WHICH THE TITULAR HOLDER OF AN IMPORT LICENCE SHALL BE DEEMED TO HAVE FULFILLED HIS OBLIGATION TO MAKE USE OF THE LICENCE DURING THE PERIOD OF ITS VALIDITY AND THUS TO HAVE SATISFIED THE ESSENTIAL CONDITION FOR RELEASE OF THE SECURITY .
THE GUARANTEE WHICH THE SYSTEM OF LODGING SECURITY SEEKS TO ACHIEVE DOES NOT REQUIRE THE CUSTOMS PROCEDURE TO HAVE BEEN CONCLUDED IN FAVOUR OF THE DECLARANT BUT ENABLES THE OBLIGATION TO BE CONSIDERED AS HAVING BEEN FULFILLED AT AN EARLIER DATE, SUCH AS THE DATE ON WHICH THE CUSTOMS AUTHORITIES RECEIVED THE DOCUMENT BY WHICH THE DECLARANT STATES HIS INTENTION TO PUT THE PRODUCTS IN QUESTION INTO FREE CIRCULATION, SUBJECT, HOWEVER, TO THE CONDITION THAT THE GOODS ARE ACTUALLY PUT INTO FREE CIRCULATION, EVEN THOUGH THIS MAY BE AT A LATER DATE .
ARTICLE 15 ( 3 ) IN FACT PROVIDES THAT THE PROOF ON WHICH RELEASE OF THE SECURITY DEPENDS SHALL BE FURNISHED BY PRODUCTION OF COPY NO 1 OF THE LICENCE ON WHICH THE QUANTITY OF GOODS ACTUALLY IMPORTED HAS BEEN ATTRIBUTED .
6 IT SHOULD BE BORNE IN MIND, HOWEVER, THAT THE PUBLIC INTEREST, WHICH REQUIRES AS ACCURATE A FORECASE AS POSSIBLE OF IMPORT TRENDS IN EACH MEMBER STATE AND JUSTIFIES THE DEPOSIT OF SECURITY AGAINST THE GRANT OF AUTHORIZATION TO IMPORT, MUST BE RECONCILED WITH THE NECESSITY OF NOT HAMPERING TRADE BETWEEN STATES BY TOO RIGID OBLIGATIONS, A NECESSITY WHICH ALSO DERIVES FROM THE PUBLIC INTEREST .
WHERE, AS A RESULT OF FORCE MAJEURE, IMPORTATION CANNOT BE EFFECTED DURING THE PERIOD OF VALIDITY OF THE LICENCE, THE MEMBER STATES CAN, UNDER ARTICLE 18 OF REGULATION NO 1373/70, EITHER CANCEL THE OBLIGATION TO IMPORT AND RELEASE THE SECURITY, OR EXTEND THE PERIOD OF VALIDITY OF THE LICENCE .
THE CONCEPT OF FORCE MAJEURE EMBODIED IN THE REGULATION MUST TAKE ACCOUNT OF THE SPECIAL NATURE OF THE RELATIONSHIPS, IN PUBLIC LAW, BETWEEN THE ECONOMIC OPERATORS AND THE NATIONAL ADMINISTRATION, AS WELL AS OF THE OBJECTIVES OF THE RULES WHICH APPLY .
7 IT IS APPARENT FROM THESE OBJECTIVES, AS WELL AS FROM THE ACTUAL PROVISIONS OF THE REGULATIONS IN QUESTION, THAT THE CONCEPT OF FORCE MAJEURE IS NOT CONFINED TO THAT OF ABSOLUTE IMPOSSIBILITY BUT MUST BE EXTENDED TO INCLUDE ABNORMAL CIRCUMSTANCES, OUTSIDE THE CONTROL OF THE IMPORTER, AND