PREJUDICE TO ARTICLE 11 :
( A ) THE SECURITY SHALL BE FORFEITED IN WHOLE IF THE OBLIGATION TO IMPORT HAS NOT BEEN FULFILLED DURING THE PERIOD OF VALIDITY OF THE LICENCE ;
( B ) THE SECURITY SHALL BE FORFEITED IN PART IF THE QUANTITY IMPORTED IS MORE THAN 5 % LESS THAN THE QUANTITY INDICATED IN THE LICENCE . THE AMOUNT OF THE SECURITY WITHHELD SHALL BE CALCULATED BY REFERENCE TO THE DIFFERENCE BETWEEN THE QUANTITY INDICATED IN THE LICENCE LESS 5 % AND THE QUANTITY ACTUALLY IMPORTED .
2 . THE SECURITY SHALL BE IMMEDIATELY RELEASED :
( A ) IN RESPECT OF APPLICATIONS WITHDRAWN NO LATER THAN THE WEEK FOLLOWING THAT DURING WHICH THEY WERE SUBMITTED ;
( B ) IF ARTICLE 3 ( 2 ) APPLIES , IN PROPORTION TO THE QUANTITY FOR WHICH AN APPLICATION HAS NOT BEEN GRANTED .
ARTICLE 11
1 . WHERE AS A RESULT OF FORCE MAJEURE IMPORTATION CANNOT BE EFFECTED DURING THE PERIOD OF VALIDITY OF THE LICENCE , THE COMPETENT AGENCY OF THE ISSUING MEMBER STATE SHALL DECIDE , AT THE REQUEST OF THE LICENCEE , EITHER THAT THE OBLIGATION TO IMPORT IS CANCELLED AND THAT THE SECURITY IS RELEASED OR THAT THE PERIOD OF VALIDITY OF THE LICENCE IS EXTENDED FOR SUCH A PERIOD AS MAY BE CONSIDERED NECESSARY IN VIEW OF THE CIRCUMSTANCES INVOKED . SUCH EXTENSION MAY BE GRANTED AFTER THE PERIOD OF VALIDITY OF THE LICENCE HAS EXPIRED .
THE DECISION TO CANCEL OR TO EXTEND SHALL BE RESTRICTED TO THAT QUANTITY OF THE PRODUCT WHICH COULD NOT BE IMPORTED BY REASON OF FORCE MAJEURE .
ANY EXTENSION OF LICENCE SHALL BE RECORDED BY MEANS OF AN ENDORSEMENT STAMPED BY THE ISSUING AGENCY ON THE LICENCE AND BY THE APPROPRIATE AMENDMENT OF THE LICENCE .
2 . THE IMPORTER SHALL BY MEANS OF APPROPRIATE DOCUMENTS FURNISH PROOF OF THE CIRCUMSTANCES REGARDED AS CONSTITUTING FORCE MAJEURE .
3 . MEMBER STATES SHALL INFORM THE COMMISSION OF THE CIRCUMSTANCES RECOGNIZED BY THEM AS CONSTITUTING FORCE MAJEURE .
ARTICLE 12
REGULATION ( EEC ) NO 876/79 IS HEREBY REPEALED .
ARTICLE 13
THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS , 1 APRIL 1980 .
FOR THE COMMISSION
FINN GUNDELACH
VICE-PRESIDENT