IN THIS MATTER IS THE APPLICATION OF THE LEVY IN FORCE ON THE DATE OF THE IMPORTATION , WHEREAS ADVANCE FIXING APPEARS TO BE A SPECIAL BENEFIT WHICH AN IMPORTER MAY ONLY OBTAIN AT HIS EXPRESS REQUEST . IT IS THEREFORE FOR THE IMPORTER TO TAKE THE NECESSARY STEPS TO OBTAIN THE GRANT OF THAT BENEFIT IF IT IS IN HIS COMMERCIAL INTERESTS , AND THE AUTHORITIES ARE NOT BOUND TO GRANT THE BENEFIT OF ADVANCE FIXING UNLESS THERE IS AN EXPRESS REQUEST TO THAT EFFECT .
8THE FACT THAT THE APPLICATION FOR ANY IMPORT LICENCE MUST BE ACCOMPANIED BY A BANK GUARANTEE EMPHASIZES THAT THE IMPORTER UNDERTAKES BY HIS APPLICATION TO COMPLY STRICTLY WITH THE TERMS OF THE IMPORT DOCUMENT APPLIED FOR .
9IN VIEW OF THE CONTINUAL VARIATIONS IN THE RATE OF THE LEVY , IF ERRORS RELIED UPON BY TRADERS WERE TAKEN INTO CONSIDERATION IT WOULD BE POSSIBLE TO CALL IN QUESTION UNILATERALLY , ON THE BASIS OF THOSE FLUCTUATIONS , THE UNDERTAKINGS GIVEN BY IMPORTERS AND THE FORECASTS WHICH ARE ESSENTIAL FOR THE PURPOSE OF ENSURING EFFECTIVE MANAGEMENT OF THE COMMON MARKET IN CEREALS WOULD THUS BE MADE COMPLETELY UNRELIABLE .
10IN CASES SUCH AS THE PRESENT CASE , TO PREVENT IMPORTERS FROM REPUDIATING UNILATERALLY THEIR APPLICATIONS DOES NOT MOREOVER INVOLVE ANY UNJUSTIFIED HARDSHIP , WHEREAS THE EFFECT OF MAINTAINING THE LICENCE ONCE GRANTED IN ACCORDANCE WITH THE TERMS OF THE APPLICATION LODGED WITH THE INTERVENTION AGENCY IS MERELY THAT THE LEVY JUSTIFIED BY THE STATE OF THE MARKET AT THE ACTUAL DATE OF IMPORTATION IS APPLIED .
11IT IS NECESSARY TO CONCLUDE THAT AN IMPORTER CANNOT , WITHIN THE CONTEXT OF THE ORGANIZATION OF THE MARKET ESTABLISHED BY REGULATIONS NOS 19 AND 130 , RELY UPON AN ERROR MADE BY HIM AS REGARDS THE OPTION OF CHOOSING BETWEEN THE RATE OF THE LEVY IN FORCE AT THE DATE OF LODGING THE APPLICATION AND THAT IN FORCE AT THE DATE OF IMPORTATION .
12IT IS THEREFORE NECESSARY TO REPLY FIRSTLY THAT THE QUESTION WHETHER AN APPLICATION FOR THE GRANT OF AN IMPORT LICENCE UNDER THE FIRST SENTENCE OF ARTICLE 16 ( 1 ) OF REGULATION NO 19/62/EEC MAY BE CANCELLED AND WHAT THE EFFECTS OF SUCH CANCELLATION ARE MUST , HAVING REGARD TO THE SYSTEM ESTABLISHED BY THE ABOVE-MENTIONED REGULATION , TOGETHER WITH REGULATION NO 130/62/EEC , BE DECIDED ON THE BASIS OF COMMUNITY LAW . IT IS NECESSARY TO REPLY , THEREFORE , TO THE SECOND QUESTION THAT HAVING REGARD TO THE SYSTEM LAID DOWN BY THE ABOVE-MENTIONED REGULATIONS , AN APPLICATION FOR THE GRANT OF AN IMPORT LICENCE CANNOT BE CANCELLED BY THE APPLICANT ON THE GROUND OF AN ERROR IN HIS DECLARATION OF INTENT AS REGARDS THE CHOISE , MADE AVAILABLE UNDER REGULATION NO 130 , BETWEEN THE APPLICATION OF THE LEVY IN FORCE ON THE DATE ON WHICH THE APPLICATION WAS LODGED AND THE APPLICATION OF THE LEVY IN FORCE ON THE DATE OF IMPORTATION .
13IN VIEW OF THE REPLY GIVEN