IS COMPARABLE TO THE OBLIGATION TO EXPORT ; INDEED , IT IS THAT OBLIGATION ALONE WHICH GUARANTEES THE PROPER MANAGEMENT OF THE SUGAR MARKET . IN CONSEQUENCE , ACCORDING TO THE COMMISSION , FAILURE TO COMPLY WITH THAT OBLIGATION , AND IN PARTICULAR FAILURE TO COMPLY WITH THE TIME-LIMIT , EVEN WHERE THAT FAILURE IS MINIMAL AND UNINTENTIONAL , JUSTIFIES THE FORFEITURE OF THE ENTIRE SECURITY , JUST AS MUCH AS THE TOTAL FAILURE TO COMPLY WITH THE PRIMARY OBLIGATION TO EXPORT JUSTIFIES SUCH A PENALTY .
23 IN THAT RESPECT THE COMMISSION CONTENDED , BOTH DURING THE WRITTEN PROCEDURE AND IN THE ORAL ARGUMENT PRESENTED BEFORE THE COURT , THAT EXPORT LICENCES FULFIL FOUR SEPARATE AND IMPORTANT FUNCTIONS :
( I ) THEY MAKE IT POSSIBLE TO CONTROL THE RELEASE ONTO THE MARKET OF SUGAR .
( II)THEY SERVE TO PREVENT SPECULATION .
( III)THEY PROVIDE INFORMATION FOR THE RELEVANT COMMISSION DEPARTMENTS .
( IV)THEY ESTABLISH THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS CHOSEN BY THE EXPORTER .
24 AS REGARDS THE USE OF EXPORT LICENCES TO CONTROL THE RELEASE ONTO THE WORLD MARKET OF EXPORTED SUGAR , IT MUST BE NOTED THAT THE TRADERS CONCERNED HAVE A PERIOD OF FIVE MONTHS WITHIN WHICH TO EXPORT THE SUGAR AND NO COMMUNITY PROVISION REQUIRES THEM TO EXPORT IT AT REGULAR , STAGGERED INTERVALS . THEY MAY THEREFORE RELEASE ALL THEIR SUGAR ONTO THE MARKET OVER A VERY SHORT PERIOD . IN THOSE CIRCUMSTANCES EXPORT LICENCES CANNOT BE SAID TO HAVE THE CONTROLLING EFFECT POSTULATED BY THE COMMISSION . THAT EFFECT IS GUARANTEED , THOUGH ONLY IN PART , SIMPLY BY STAGGERING THE INVITATIONS TO TENDER .
25 THE COMMISSION CONSIDERS , SECONDLY , THAT THE FORFEITURE OF THE ENTIRE SECURITY FOR FAILURE TO COMPLY WITH THE TIME-LIMIT FOR APPLYING FOR AN EXPORT LICENCE MAKES IT POSSIBLE TO PREVENT TRADERS FROM ENGAGING IN SPECULATION WITH REGARD TO FLUCTUATIONS IN THE PRICE OF SUGAR AND IN EXCHANGE RATES AND ACCORDINGLY DELAYING THE SUBMISSION OF THEIR APPLICATIONS FOR EXPORT LICENCES .
26 EVEN IF IT IS ASSUMED THAT THERE IS A REAL RISK OF SUCH SPECULATION , IT MUST BE NOTED THAT ARTICLE 12 ( C ) OF REGULATION NO 1880/83 REQUIRES THE SUCCESSFUL TENDERER TO PAY THE ADDITIONAL SECURITY PROVIDED FOR IN ARTICLE 13 ( 3 ) OF THE SAME REGULATION . THE COMMISSION ITSELF RECOGNIZED AT THE HEARING THAT THAT ADDITIONAL SECURITY REMOVES ANY RISK OF SPECULATION BY TRADERS . IT IS TRUE THAT AT THE HEARING THE COMMISSION EXPRESSED DOUBTS ABOUT THE APPLICABILITY OF ARTICLE 13 ( 3 ) BEFORE EXPORT LICENCES HAVE BEEN ISSUED . HOWEVER , EVEN IF THOSE DOUBTS ARE WELL FOUNDED , THE FACT REMAINS THAT A SIMPLE AMENDMENT OF THE RULES REGARDING THE PAYMENT OF AN ADDITIONAL SECURITY , REQUIRING FOR EXAMPLE THAT , IN AN APPROPRIATE CASE , THE ADDITIONAL SECURITY SHOULD BE PAID DURING THE TENDERING PROCEDURE , IN OTHER WORDS , EVEN BEFORE THE EXPORT LICENCE HAS BEEN ISSUED , WOULD MAKE IT