Commission Regulation (EC) No 828/2009Show full title

Article 4 Import licence applications and import licences

1. Import licence applications shall be submitted each week, from Monday to Friday, starting on the second Monday of September prior to the marketing year for which they are applied.

No applications may be lodged from Friday 11 December 2009 1 p.m. (Brussels time) till Friday 1 January 2010 1 p.m. (Brussels time).

2. Article 5 of Regulation (EC) No 1301/2006 shall apply mutatis mutandis. However, the submission of proof provided for in that Article may not be required for operators approved in accordance with Article 7 of Regulation (EC) No 952/2006.

3. Import licence applications and import licences shall contain the following entries:

(a) in box 8: the country of origin (one of the countries listed in Annex I to this Regulation).

The word ‘yes’ being marked with a cross;

(b) in box 16, a single eight digit CN code;

(c) in boxes 17 and 18: the quantity of sugar in white sugar equivalent;

(d) in box 20:

(i)

‘sugar intended for refining’ or ‘sugar not intended for refining’;

(ii)

at least one of the entries listed in part A of Annex V;

(iii)

the marketing year to which they are related;

(e) in box 24: at least one of the entries listed in part B of Annex V.

4. Import licence applications shall be accompanied by:

(a) proof that the applicant has lodged a security of EUR 20 per tonne of the quantity of sugar indicated in box 17 of the licence;

(b) the originals of the export licences issued by the competent authorities of the exporting third country in accordance with the model set out in Annex III, for a quantity equal to that mentioned in the licence applications;

(c) in the case of sugar for refining, the undertaking by the applicant to refine the quantities of sugar in question before the end of the third month following that in which the import licence concerned expires;

(d) for the marketing years 2009/2010, 2010/2011, 2011/2012, the applicant’s pledge to purchase the sugar at a price not lower than 90 % of the reference price (on a c.i.f. basis) set in Article 8(c) of Regulation (EC) No 1234/2007 for the relevant marketing year as well as a binding document relating to the transaction and signed by both the buyer and the supplier.

The export licences referred to in point (b) may be replaced by certified copies, issued by the competent authorities of the exporting third country, of the proof of origin provided for in Article 14 of Annex II to Regulation (EC) No 1528/2007 for countries listed in Annex I to that Regulation or Articles 67 to 97 of Commission Regulation (EEC) No 2454/93(1) for countries not listed in Annex I of Regulation (EC) No 1528/2007 but listed in Annex I to Regulation (EC) No 732/2008.

5. The originals of the export licences referred to in paragraph 4, point (b) or the certified copies referred to in the second subparagraph of paragraph 4 shall be kept by the competent authority of the Member State.

6. Where it is found that a document submitted by an applicant in accordance with paragraph 4 provides false information and where such information is decisive for the attribution of preferential import licences, the competent authorities of the Member States shall exclude the applicant from the licence application system for the current and following marketing year, unless the applicant proves, to the satisfaction of the competent authority, that this is not due to his gross negligence or that it is due to force majeure or to obvious error.

(1)

OJ L 253, 11.10.1993, p. 1.