JULY 1983 , WHICH WAS ADOPTED PURSUANT TO COUNCIL REGULATION NO 1785/81 AND IS APPLICABLE IN THE PRESENT CASE , PROVIDES IN ARTICLE 1 THAT ' THERE SHALL BE ISSUED A PRINCIPAL STANDING INVITATION TO TENDER IN ORDER TO DETERMINE EXPORT LEVIES AND/OR EXPORT REFUNDS ON WHITE SUGAR , AND DURING THE PERIOD OF VALIDITY OF THIS STANDING INVITATION THERE SHALL BE ISSUED PARTIAL INVITATIONS TO TENDER ' . THE VARIOUS PROVISIONS OF REGULATION NO 1880/83 LAY DOWN THE CONDITIONS UNDER WHICH TENDERERS MUST SUBMIT THEIR TENDERS , THE INFORMATION WHICH MUST BE INCLUDED IN THE TENDERS , THE CONDITIONS FOR THE ISSUE OF EXPORT LICENCES AND THE DETAILED RULES FOR THE LODGING AND RELEASE OF SECURITIES .
11 THE SYSTEM SET UP UNDER COUNCIL REGULATION NO 1785/81 AND COMMISSION REGULATION NO 1880/83 , AND UNDER COMMISSION REGULATION ( EEC ) NO 3183/80 OF 3 DECEMBER 1980 LAYING DOWN COMMON DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT AND EXPORT LICENCES AND ADVANCE FIXING CERTIFICATES FOR AGRICULTURAL PRODUCTS , MAY BE DIVIDED INTO THREE STAGES . AT THE FIRST STAGE THE TRADER SUBMITS HIS TENDER TO THE NATIONAL AUTHORITY CONCERNED . HE MUST AT THAT POINT HAVE LODGED A SECURITY OF 9 ECU PER 100 KG OF SUGAR TO BE EXPORTED AND MUST IN ADDITION DECLARE THAT WITHIN FOUR DAYS OF THE ACCEPTANCE OF HIS TENDER HE WILL APPLY FOR AN EXPORT LICENCE ( ARTICLE 5 ( 3 ) OF REGULATION NO 1880/83 ).
12 THE SECOND STAGE BEGINS ONCE THE TENDERER HAS BEEN INFORMED THAT HE HAS BEEN SUCCESSFUL . UNDER ARTICLE 12 ( B ) OF REGULATION NO 1880/83 HE IS THEN OBLIGED TO APPLY FOR AN EXPORT LICENCE WITHIN FOUR DAYS . IF HE FAILS TO APPLY FOR AN EXPORT LICENCE IN TIME , AS OCCURRED IN THE PRESENT CASE , THE SECURITY INITIALLY LODGED IS FORFEITED IN RESPECT OF THE AMOUNT OF SUGAR FOR WHICH NO APPLICATION HAS BEEN SUBMITTED .
13 ARTICLE 6 ( 3 ) OF REGULATION NO 1880/83 , THE VALIDITY OF WHICH IS CONTESTED , IS WORDED AS FOLLOWS :
' EXCEPT IN THE CASE OF FORCE MAJEURE , THE SECURITY WILL BE RELEASED :
( A ) ...
( B ) TO SUCCESSFUL TENDERERS ONLY IF THEY APPLIED FOR THEIR EXPORT LICENCE WITHIN THE PERIOD LAID DOWN IN ARTICLE 12 ( B ) AND ONLY FOR THE QUANTITY IN RESPECT OF WHICH THEY HAVE FULFILLED THE OBLIGATION CREATED BY THAT LICENCE , ARTICLE 33 OF REGULATION ( EEC ) NO 3183/80 REMAINING APPLICABLE . THE SECURITY LODGED IN RESPECT OF A QUANTITY FOR WHICH THE ABOVE OBLIGATIONS HAVE NOT BEEN FULFILLED SHALL BE FORFEITED . '
14 IF EXPORT LICENCES HAVE BEEN DULY APPLIED FOR , THE THIRD STAGE BEGINS AND THE SECURITY OF 9 ECU PER 100 KG BECOMES THE SECURITY TO GUARANTEE THE EXPORT OF THE SUGAR . THAT EXPORT MUST TAKE PLACE BEFORE THE END OF THE FIFTH CALENDAR MONTH FOLLOWING THAT IN WHICH THE INVITATION