IN ARTICLE 17 ( 2 ) AND ( 3 ) HAVE BEEN FURNISHED .
9ARTICLE 3 OF REGULATION NO 499/76 ADDED TO ARTICLE 18 OF REGULATION NO 193/75 A PARAGRAPH ( 4 ) PURSUANT TO WHICH , WHERE PROOF HAS NOT BEEN FURNISHED WITHIN THE SIX MONTHS FOLLOWING THE EXPIRY OF THE LICENCE , THE SECURITY SHALL BE FORFEIT SAVE IN CASE OF FORCE MAJEURE .
10IT APPEARS FROM THE THIRD RECITAL IN THE PREAMBLE TO REGULATION NO 499/76 THAT THE PROVISION WAS INTRODUCED ' ' FOR ADMINISTRATIVE REASONS ' ' .
11THE PLAINTIFF IN THE MAIN ACTION HAS CLAIMED , IN PARTICULAR , THAT IT IS CONTRARY TO THE PRINCIPLE OF PROPORTIONALITY TO APPLY THE SAME PENALTY FOR FAILURE TO FULFIL THE OBLIGATION TO IMPORT , WHICH THE SECURITY IS INTENDED TO GUARANTEE , AND FOR MERE DELAY IN SUBMISSION OF THE PROOFS OF FULFILMENT OF THE OBLIGATION , WHICH HAS BEEN DISCHARGED CORRECTLY AND WITHIN THE PRESCRIBED PERIOD .
12IN ITS WRITTEN OBSERVATIONS THE COMMISSION MAINTAINS THAT ARTICLE 3 OF REGULATION NO 499/76 IS JUSTIFIED BY THE FACT THAT BEFORE ITS INTRODUCTION THE FORFEITURE OF SECURITIES OCCURRED ON THE EXPIRY OF DIFFERENT PERIODS FROM ONE MEMBER STATE TO ANOTHER , WHICH LED BOTH TO DISCRIMINATORY TREATMENT FOR TRADERS AND A DISTORTION OF THE SYSTEM OF SECURITIES , THE PURPOSE OF THAT SYSTEM BEING TO ENABLE THE COMMUNITY TO HAVE PRECISE KNOWLEDGE OF THE MARKET SITUATION .
13THERE WAS , IN ADDITION , THE NEED , AT THE ADMINISTRATIVE LEVEL , TO SET A PERIOD FOR THE DEFINITIVE CLOSURE OF FILES .
14HOWEVER , THE COMMISSION ALSO EMPHASIZED , DURING THE ORAL PROCEDURE , THE IMPORTANCE , WITHIN THE SYSTEM OF IMPORT AND EXPORT LICENCES , OF THE INFORMATIONAL ROLE PLAYED BY THE SUBMISSION BY TRADERS TO THE COMPETENT NATIONAL AGENCIES OF THE PROOFS , IN THE FORM OF COPY NO 1 OF THE LICENCE ENDORSED BY THE OFFICE WHERE THE CUSTOMS FORMALITIES WERE COMPLETED , OF COMPLETION OF THE IMPORT OR EXPORT TRANSACTIONS .
15IN ITS SUBMISSION , INDEED , IT IS ONLY BY THAT MEANS THAT THE NATIONAL AGENCIES AND , THROUGH THEM , THE COMMUNITY AUTHORITIES , CAN OBTAIN EXACT KNOWLEDGE OF THE NUMBER OF TRANSACTIONS ACTUALLY EFFECTED ON THE BASIS OF THE LICENCES .
16AS REGARDS THE PROBLEM OF PROPORTIONALITY , IT SHOULD BE EXAMINED WHETHER THE PENALTY LAID DOWN IN ARTICLE 3 OF REGULATION NO 499/76 FOR FAILURE TO COMPLY WITH THE PERIOD FOR PRESENTATION OF THE PROOFS PRESCRIBED BY THAT PROVISION EXCEEDS WHAT IS APPROPRIATE AND NECESSARY TO ATTAIN THE OBJECTIVE SOUGHT .
17IN THIS RESPECT IT SHOULD BE RECALLED , ON THE ONE HAND , AS APPEARS FROM THE SIXTH RECITAL IN THE PREAMBLE TO REGULATION NO 193/75 , THAT THE SYSTEM OF SECURITIES IS INTENDED TO GUARANTEE THAT THE OBLIGATION TO IMPORT OR EXPORT , WHICH HAS BEEN VOLUNTARILY UNDERTAKEN , WILL BE FULFILLED DURING THE PERIOD OF VALIDITY OF THE LICENCE ISSUED FOR THAT PURPOSE .
18AS ALREADY STATED ,