POSSIBLE TO ATTAIN THE OBJECTIVE SOUGHT BY MEANS WHICH WOULD BE MUCH LESS DRASTIC FOR THE TRADERS CONCERNED . THE ARGUMENT THAT THE FIGHT AGAINST SPECULATION JUSTIFIES THE CONTESTED PROVISION OF REGULATION NO 1880/83 CANNOT THEREFORE BE ACCEPTED .
27 WITH REGARD TO THE LAST TWO FUNCTIONS ATTRIBUTED BY THE COMMISSION TO EXPORT LICENCES , IT IS TRUE THAT THOSE LICENCES MAKE IT POSSIBLE FOR THE COMMISSION TO MONITOR ACCURATELY EXPORTS OF COMMUNITY SUGAR TO NON-MEMBER COUNTRIES , ALTHOUGH THEY DO NOT PROVIDE IT WITH IMPORTANT NEW INFORMATION NOT CONTAINED IN THE TENDERS AND DO NOT , IN THEMSELVES , GUARANTEE THAT THE EXPORT WILL ACTUALLY TAKE PLACE . IT IS ALSO TRUE THAT THE EXPORT LICENCE MAKES IT POSSIBLE FOR THE EXPORTER TO STATE WHETHER HE WISHES THE MONETARY COMPENSATORY AMOUNTS TO BE FIXED IN ADVANCE .
28 HOWEVER , ALTHOUGH IT IS CLEAR FROM THE FOREGOING THAT THE OBLIGATION TO OBTAIN EXPORT LICENCES PERFORMS A USEFUL ADMINISTRATIVE FUNCTION FROM THE COMMISSION ' S POINT OF VIEW , IT CANNOT BE ACCEPTED THAT THAT OBLIGATION IS AS IMPORTANT AS THE OBLIGATION TO EXPORT , WHICH REMAINS THE ESSENTIAL AIM OF THE COMMUNITY LEGISLATION IN QUESTION .
29 IT FOLLOWS THAT THE AUTOMATIC FORFEITURE OF THE ENTIRE SECURITY , IN THE EVENT OF AN INFRINGEMENT SIGNIFICANTLY LESS SERIOUS THAN THE FAILURE TO FULFIL THE PRIMARY OBLIGATION , WHICH THE SECURITY ITSELF IS INTENDED TO GUARANTEE , MUST BE CONSIDERED TOO DRASTIC A PENALTY IN RELATION TO THE EXPORT LICENCE ' S FUNCTION OF ENSURING THE SOUND MANAGEMENT OF THE MARKET IN QUESTION .
30 ALTHOUGH THE COMMISSION WAS ENTITLED , IN THE INTERESTS OF SOUND ADMINISTRATION , TO IMPOSE A TIME-LIMIT FOR THE SUBMISSION OF APPLICATIONS FOR EXPORT LICENCES , THE PENALTY IMPOSED FOR FAILURE TO COMPLY WITH THAT TIME-LIMIT SHOULD HAVE BEEN SIGNIFICANTLY LESS SEVERE FOR THE TRADERS CONCERNED THAN FORFEITURE OF THE ENTIRE SECURITY AND IT SHOULD HAVE BEEN MORE CONSONANT WITH THE PRACTICAL EFFECTS OF SUCH A FAILURE .
31 THE REPLY TO THE QUESTION SUBMITTED MUST THEREFORE BE THAT ARTICLE 6 ( 3 ) OF REGULATION NO 1880/83 IS INVALID INASMUCH AS IT PRESCRIBES FORFEITURE OF THE ENTIRE SECURITY AS THE PENALTY FOR FAILURE TO COMPLY WITH THE TIME-LIMIT IMPOSED FOR THE SUBMISSION OF APPLICATIONS FOR EXPORT LICENCES .
Decision on costs
COSTS
32 THE COSTS INCURRED BY THE UNITED KINGDOM AND THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION AS TO COSTS IS A MATTER FOR THAT COURT .
ON THOSE GROUNDS ,
Operative part
THE COURT ( FIFTH CHAMBER ),
IN ANSWER TO THE QUESTION REFERRED TO IT BY MR JUSTICE GLIDEWELL OF THE QUEEN ' S BENCH DIVISION OF THE HIGH COURT OF JUSTICE BY ORDER OF