Commission Regulation (EC) No 27/2008 (repealed)Show full title

Article 10

1. In the case of products originating in Indonesia, once it has been verified that the quantities actually unloaded for a given consignment are in excess of those covered by the import licence(s) issued for that consignment, the competent authorities which issued the licence(s) concerned shall, at the request of the importer, notify the Commission by electronic means as quickly as possible, on a case-by-case basis, of the Indonesian export licence number(s), the import licence number(s), the excess quantity and the name of the vessel.

The Commission shall contact the Indonesian authorities with a view to the issue of new export licences. Pending their preparation, the surplus quantities may not be released for free circulation as long as the new import licences for the quantities in question cannot be presented. The new import licences shall be issued under the terms laid down in Article 8.

2. However, notwithstanding paragraph 1, where the quantities unloaded are not more than 2 % in excess of the quantities covered by the import licences issued corresponding to the export licences granted for the vessel concerned, the competent authorities in the Member State where release for free circulation is to take place shall, at the request of the importer, authorise the release for free circulation of the excess quantities provided that the importer pays a customs duty limited to 6 % ad valorem and lodges a security for an amount equal to the difference between the full duty and that paid.

The Commission, on receipt of the information referred to in the first subparagraph of paragraph 1, shall contact the Indonesian authorities with a view to the issue of new export licences.

Securities shall be released on presentation to the competent authorities of the Member State in which release for free circulation is to take place of a supplementary import licence for the excess quantity in question. Application for such licences shall not be subject to the lodging of a security against the licence as provided for in Article 15(2) of Regulation (EC) No 1291/2000 and Article 7 of this Regulation. Such licences shall be issued under the terms of Article 8 of this Regulation on presentation of one or more new export licences issued by the Indonesian authorities for the excess quantity in question. The additional import licence shall contain in Section 20 one of the entries set out in Annex V.

The security shall be forfeit in respect of quantities for which a supplementary import licence is not presented within four months, except in cases of force majeure, from the date on which the declaration for release for free circulation referred to in the first subparagraph is accepted.

Once the supplementary import licence has been processed and stamped by the competent authority when the security is released, the licence shall be returned to the issuing authority as soon as possible.

3. Application of paragraphs 1 and 2 may not result in importation of quantities of goods exceeding the overall quota authorised for the year. If, when a supplementary import licence is issued, it is found that the overall quota has been exceeded, the quantity covered by the supplementary licence shall be deducted from the overall quota authorised for the following year.