L 25 , P . 10 ) LAYING DOWN COMMON DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT AND EXPORT LICENCES AND ADVANCE FIXING CERTIFICATES FOR AGRICULTURAL PRODUCTS ( OFFICIAL JOURNAL L 59 , P . 18 ).
2IT APPEARS FROM THE JUDGMENT MAKING THE REFERENCE THAT THE PLAINTIFF IN THE MAIN ACTION , WHICH HAD OBTAINED , SUBJECT TO THE PROVISION OF A SECURITY , IMPORT CERTIFICATES FOR A QUANTITY OF TOMATO CONCENTRATES COMING FROM THIRD COUNTRIES AND HAD IMPORTED THOSE GOODS WITHIN THE PERIOD OF VALIDITY OF THE LICENCES WAS , BY DECISION OF THE FRENCH INTERVENTION AGENCY , REFUSED RELEASE OF THE SECURITY ON THE GROUND THAT IT HAD FAILED TO SUBMIT TO THAT AGENCY THE REQUISITE PROOF OF IMPORTATION WITHIN THE PERIOD LAID DOWN IN ARTICLE 3 OF REGULATION NO 499/76 .
3BEFORE THE NATIONAL COURT , IN WHICH IT BROUGHT AN ACTION AGAINST THAT DECISION , THE PLAINTIFF IN THE MAIN ACTION PLEADED THE INVALIDITY OF ARTICLE 3 OF REGULATION NO 499/76 , IN PARTICULAR ON THE GROUND OF VIOLATION OF THE PRINCIPLE OF PROPORTIONALITY , AND IT ALSO CLAIMED THAT THAT ARTICLE IS CONTRARY TO THE PURPOSE AND SPIRIT OF THE COMMUNITY SYSTEM OF SECURITIES .
4IN THE LIGHT OF THOSE CONSIDERATIONS THE NATIONAL COURT REQUESTED THE COURT OF JUSTICE TO GIVE A PRELIMINARY RULING ON THE VALIDITY AND INTERPRETATION OF THE SAID ARTICLE .
5PURSUANT TO REGULATION NO 193/75 OF THE COMMISSION OF 17 JANUARY 1975 , THE ISSUE OF AN IMPORT OR EXPORT LICENCE BY THE NATIONAL INTERVENTION AGENCIES IS CONDITIONAL UPON THE GIVING OF A SECURITY CALCULATED , AS IS STATED IN THE SIXTH RECITAL IN THE PREAMBLE TO THAT REGULATION , TO GUARANTEE THAT THE OBLIGATION TO IMPORT OR EXPORT WILL BE FULFILLED DURING THE PERIOD OF VALIDITY OF THE LICENCE .
6IT APPEARS FROM THE PROVISIONS OF ARTICLE 17 ( 2 ) OF THE REGULATION THAT RELEASE OF THE SECURITY SHALL BE SUBJECT TO PRODUCTION OF PROOF OF COMPLETION OF THE CUSTOMS IMPORT OR EXPORT FORMALITIES , WHICH PROOF SHALL BE FURNISHED , ACCORDING TO THE RULES LAID DOWN IN PARAGRAPH ( 3 ) OF THAT ARTICLE , BY PRODUCTION OF COPY NO 1 OF THE LICENCE ENDORSED BY THE OFFICE WHERE THOSE FORMALITIES WERE COMPLETED .
7PURSUANT TO ARTICLE 18 ( 1 ) OF THE REGULATION , THE SECURITY SHALL BE RELEASED ' ' AS SOON AS THE PROOF REFERRED TO IN ARTICLE 17 ( 2 ) AND ( 3 ) . . . HAS BEEN FURNISHED ' ' .
8BY VIRTUE OF ARTICLE 18 ( 2 ) AND ( 3 ) OF THAT REGULATION THE WHOLE OF THE SECURITY SHALL BE FORFEITED IF THE NET QUANTITY IMPORTED OR EXPORTED AMOUNTS TO LESS THAN 5% OF THE NET QUANTITY INDICATED IN THE LICENCE , BUT IT MAY BE RELEASED BY THE MEMBER STATES IN PROPORTION TO THE QUANTITIES OF PRODUCTS , EQUAL TO AT LEAST THAT PERCENTAGE , IN RESPECT OF WHICH THE PROOFS REFERRED TO