Commission Delegated Regulation (EU) 2016/1237Dangos y teitl llawn

Commission Delegated Regulation (EU) 2016/1237

of 18 May 2016

supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the rules for applying the system of import and export licences and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the rules on the release and forfeit of securities lodged for such licences, amending Commission Regulations (EC) No 2535/2001, (EC) No 1342/2003, (EC) No 2336/2003, (EC) No 951/2006, (EC) No 341/2007 and (EC) No 382/2008 and repealing Commission Regulations (EC) No 2390/98, (EC) No 1345/2005, (EC) No 376/2008 and (EC) No 507/2008

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007(1), and in particular Article 177 thereof,

Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008(2), and in particular Article 66(3)(c) and (e) thereof,

Whereas:

(1) Regulation (EU) No 1308/2013 repealed and replaced Council Regulation (EC) No 1234/2007(3) and lays down rules regarding import and export licences for agricultural products. It also empowers the Commission to adopt delegated and implementing acts in that respect. In order to ensure the smooth functioning of the system of import and export licences in the new legal framework, certain rules have to be adopted by means of such acts.

(2) Article 176 of Regulation (EU) No 1308/2013 provides that the import for release for free circulation or the export of one or more products of the sectors laid down in that Article may be made subject to the presentation of a licence. The list of the products of those sectors subject to the presentation of an import or export licence should be laid down.

(3) Monitoring trade flows by means of licences should be addressed in a flexible way. When defining the cases where a licence is required, account should be taken of other possible sources of information, such as the customs surveillance system, and the need for licences or the time needed to gather information by means of licences. The specific cases where a licence is not required should be defined.

(4) It is necessary to provide that the licences are to be issued subject to the lodging of a security, so as to guarantee that the products will be imported or exported during the period of validity of the licence. It is also necessary to lay down when the obligation to import or export is fulfilled.

(5) An import or export licence confers the right to import or export and, therefore, in order to make this right effective a licence should be presented at the time when the import or export declaration is submitted.

(6) Since the person using a licence may not be the titular holder or transferee, it should be specified, in the interests of legal certainty and administrative efficiency, which persons are authorised to use the licence, including a customs representative acting on behalf of the titular holder or transferee.

(7) In view of international trade practice in respect of the agricultural products concerned, certain tolerances should be allowed with regard to the quantity of products imported or exported as compared with the quantity indicated on the licence.

(8) Where an import licence is also used to administer a tariff quota to which preferential arrangements apply, such preferential arrangements are to apply to importers by virtue of the licence which must, in some cases, be accompanied by a document from a third country. To avoid any overrun in the quota, the preferential arrangement is to apply up to the quantity for which the licence was issued. In such cases a tolerance should be permitted, provided that the part of the quantity exceeding the quantity shown on the licence but within the tolerance does not benefit from the preferential arrangement and the conventional customs duty is payable.

(9) It is appropriate to lay down specific rules as regards the transferability of a licence.

(10) Provisions should be laid down on the release and forfeiture of the security lodged for import and export licences.

(11) Due to the specificity of the sector, it is necessary to lay down some additional conditions for import licences for hemp and for garlic.

(12) For the sake of clarity it is appropriate to lay down the rules concerning the import and export licences issued for products for which the import or export licence obligation is abolished or affected by this Regulation and which are still valid on the date of application of this Regulation.

(13) As the aim of this Regulation and Commission Implementing Regulation (EU) 2016/1239(4) is to simplify and adapt the provisions applicable to the system of import and export licences to the new legal framework established by Regulation (EU) No 1308/2013, the currently applicable provisions should be replaced. For the sake of clarity, certain provisions of Commission Regulations (EC) No 2535/2001(5), (EC) No 1342/2003(6), (EC) No 2336/2003(7), (EC) No 951/2006(8), (EC) No 341/2007(9) and (EC) No 382/2008(10) should be deleted and Commission Regulations (EC) No 2390/98(11), (EC) No 1345/2005(12), (EC) No 376/2008(13) and (EC) No 507/2008(14) should be repealed.

(14) The transition from the arrangements provided for in the deleted provisions and repealed Regulations to those provided for in this Regulation might have some practical consequences. Therefore, it is appropriate to defer the application of this Regulation,

HAS ADOPTED THIS REGULATION:

CHAPTER I U.K. GENERAL PROVISIONS

Article 1 U.K. Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a)

‘licence’ means an electronic or paper document with a specific period of validity, expressing the right and obligation to import or export products;

(b)

‘notice on import and export licences for agricultural products’ means the detailed provisions for the import licence or export licence and set of information to be mentioned in a licence application and in a licence as published [F1 on the website of the licence issuing authority].

Textual Amendments

F1 Words in Art. 1(b) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 1; 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. Cases where a licence is required

1. An import licence shall be presented for the following products:

(a) products listed in Part I of the Annex, when they are declared for release for free circulation under all conditions, other than tariff rate quotas, save as otherwise provided in that Part I;

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) products for which Part I of the Annex refers to this provision when declared for release for free circulation under tariff rate quotas administered by the method of the ‘first come, first served’ principle F3 ...;

F4 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) products that are covered by an outward processing procedure using an export licence and that return into release for free circulation as a product listed in Section A F5 ... of Part I of the Annex;

F6 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. An export licence shall be presented for the following products:

(a) products listed in Part II of the Annex;

(b) [F7 United Kingdom products] for which an export licence needs to be presented for admission under a quota that is administered by [F8 the United Kingdom] or by a third country and has been opened in that country for those products;

(c) the following [F9 United Kingdom products] referred to in Part II of the Annex to be exported:

(i)

products that are under the customs procedure of inward processing;

(ii)

products that are basic products as listed in Annex III to Regulation (EU) No 510/2014 of the European Parliament and of the Council(15) and that are under the customs procedure of outward processing;

(iii)

[F10 products that are subject to the repayment or remission of the amount of import or export duty as set out in [F11 Part 7 of the Customs (Import Duty) (EU Exit) Regulations 2018] in respect of which a final decision has not yet been taken.]

Textual Amendments

F2 Art. 2(1)(b) omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 2(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 2(1)(c) omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 2(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 2(1)(d) omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 2(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 2(1)(e) omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 2(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 2(1)(f) omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 2(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 2(2)(b) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 2(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 2(2)(b) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 2(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 2(2)(c) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 2(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F10 Substituted by Commission Delegated Regulation (EU) 2017/1965 of 17 August 2017 amending Delegated Regulation (EU) 2016/1237 as regards the nature and type of information to be notified for licences in the rice sector (Text with EEA relevance).

F11 Words in Art. 2(2)(c)(iii) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 2(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. Cases where a licence is not required

1. A licence shall not be required and shall not be issued or presented for the purposes of:

(a) release for free circulation or export of products of a non-commercial nature as set out in Section II(D)(2) of Part One of Annex I to Council Regulation (EEC) No 2658/87(16);

(b) cases in which relief from import duties [F12 or export duties is to be granted];

(c) quantities of products to be released for free circulation or export not exceeding those set out in the Annex;

(d) products to be released for free circulation as returned goods F13 ...;

(e) products for which at the time of acceptance of the re-export declaration the declarant provides proof that a favourable decision for repayment or remission of import duties has been given in respect of such products under [F14 Part 7 of the Customs (Import Duty) (EU Exit) Regulations 2018].

By way of derogation from points (b) and (c) of the first subparagraph, a licence shall be required where [F15 an] export is being made under preferential arrangements which are granted by means of the licence.

For the purposes of point (c) of the first subparagraph, the quantity to be covered by one licence shall be calculated as comprising all the quantities to be released for free circulation or to be exported that are covered by the same logistic operation.

2. An export licence shall not be required and shall not be issued or presented in respect of products consigned by private individuals or groups of private individuals with a view to their free distribution for humanitarian aid purposes in third countries where such consignments are occasional in nature, comprise varied products and do not exceed a total of 30 000 kg per means of transport. Food aid operations not meeting these conditions are subject to a licence in accordance with this Regulation and the Implementing Regulation (EU) 2016/1239.

Textual Amendments

F12 Words in Art. 3(1)(b) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 3(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 3(1)(d) omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 3(1)(e) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 3(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F15 Word in Art. 3(1) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 3(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 4 U.K. Security

1. Licences are subject to a security, except in the cases provided for in the Annex.

2. When submitting an application for a licence, the applicant shall lodge a security, which shall be available at the licence issuing authority not later than [F16 midday] on the day the application is submitted.

3. No security shall be required where the security comes to a threshold of EUR 100 or less.

For that purpose, the amount of the security shall be calculated as comprising all the quantities resulting from obligations covered by the same logistic operation.

4. No security shall be required where the applicant is either:

(a) a public body responsible for executing the duties of a public authority; or

(b) a private body executing duties referred to in point (a) under a [F17 United Kingdom authority's] supervision.

5. The security lodged in respect of a quantity for which a licence has not been issued shall be released forthwith.

Textual Amendments

F16 Word in Art. 4(2) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 4(2); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 4(4)(b) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 4(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K. Rights and obligations, tolerance

1. The import or export licence shall constitute a right and give rise to an obligation to release for free circulation or to export, respectively, the quantity of products covered by the licence during its period of validity in accordance with Article 7(1) of Implementing Regulation (EU) 2016/1239.

2. The customs declaration for release for free circulation or for export shall be lodged by:

(a) the titular holder of the licence mentioned in Section 4 of the licence of which a model is set out in Annex I to Implementing Regulation (EU) 2016/1239 (‘titular holder’);

(b) the transferee mentioned in Section 6 of the licence referred to in point (a); or

(c) an appointed customs [F18 agent] acting on behalf of the titular holder or transferee as provided for in [F19 section 21 of the Taxation (Cross-border Trade) Act 2018], specifying in the customs declaration that the titular holder or transferee is the person on whose behalf the obligation mentioned in paragraph 1 is carried out.

3. If specific [F20 United Kingdom] legislation provides so, the obligation to release for free circulation or to export may include the obligation to release from or export to the country or group of countries specified in the licence.

4. The obligation to release for free circulation or to export shall be considered fulfilled if the total quantity specified on the licence has been cleared by customs under the relevant procedure. For that purpose a positive or negative tolerance on the quantity specified on the licence shall apply in accordance with Article 8 of Implementing Regulation (EU) 2016/1239.

5. A positive tolerance shall not apply where the quantity specified on the import licence is equivalent to the quantity specified in an export document, being an element of proof that the product is eligible for the preferential treatment due to its specific quality, variety, or characteristics, as required in the relevant international agreement.

Where the import licence is required for a tariff rate quota, the quantity in excess to the quantity specified on the import licence within the positive tolerance, shall be brought into free circulation under the same licence subject to the conventional rate of duty.

Textual Amendments

F18 Word in Art. 5(2)(c) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 5(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 5(2)(c) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 5(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 5(3) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 5(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K. Transfer

1. Obligations deriving from licences shall not be transferable. Save as otherwise provided for, rights deriving from licences shall be transferable by their titular holder during the period of the validity of the licence.

2. A transfer of rights deriving from a licence F21 ... may be made in favour of a single transferee only and shall cover the quantities not yet attributed to the licence F22 ....

3. A transfer shall be requested by the titular holder at the licence issuing authority which issued the original licence.

4. Transferees shall not transfer their rights further but may transfer them back to the titular holder. Transfers back to the titular holder shall cover the quantities not yet attributed to the licence F23 .... The licence issuing authority shall note the transfer back according to the notice on import and export licences for agricultural products.

5. The transfer or transfer back to the titular holder shall take effect from the date as validated by the licence issuing authority.

Textual Amendments

F21 Words in Art. 6(2) omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 6(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 6(2) omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 6(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 6(4) omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 6(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K. Release and forfeit of securities

1. The release of security provided for in Article 24(2) of Commission Delegated Regulation (EU) No 907/2014(17) may be partial in proportion to the quantity of products for which the evidence of fulfilling the obligation to import or export has been furnished. That quantity shall not be less than 5 % of the total quantity specified on the licence.

However, if the quantity imported or exported amounts to less than 5 % of the quantity specified on the licence, the whole security shall be forfeit.

2. When calculating the part of the security to forfeit, where applicable, the licence issuing authority shall deduct an amount corresponding to the quantitative tolerance referred to in Article 5(4).

3. Where the licence issuing authority waives the security requirement where the value of the sum secured is less than [F24 £500], as provided for in Article 18(2) of Delegated Regulation (EU) No 907/2014, the amount of the sum equal to the security to forfeit shall be paid by the party concerned on expiry of 60 days following the date on which the validity of the licence expires.

4. If the total amount of the security which would be forfeit comes to [F25 £100] or less for a given licence, the licence issuing authority shall release the whole security.

Textual Amendments

F24 Sum in Art. 7(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(a), 4(2)(a)

F25 Sum in Art. 7(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(a), 4(2)(b)

F26 Article 8 U.K. Notifications

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Art. 8 omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 7; 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. SPECIFIC SECTORAL PROVISIONS

Article 9 U.K. Hemp

1. The release for free circulation of hemp products listed in Sections C, D, and G of Part I of the Annex to this Regulation shall be subject to an import licence in accordance with the model set out in Annex I to Implementing Regulation (EU) 2016/1239 (‘import licence AGRIM’).

The licence shall be issued only where it has been demonstrated to the satisfaction of the [F27 licence issuing authority] that all the conditions laid down in Article 189(1) of Regulation (EU) No 1308/2013 and in this Regulation and the requirements laid down F28 ... pursuant to Article 189(2) of Regulation (EU) No 1308/2013, have been met.

2. The application for a licence shall contain the information in line with the instructions for hemp products in the notice on import and export licences for agricultural products.

F29 ...

3. For the purposes of point (c) of Article 189(1) of Regulation (EU) No 1308/2013 the [F30 licence issuing authority] shall establish arrangements for the authorisation of importers of hemp seed other than for sowing. Those arrangements shall include the definition of the conditions for authorisation, checks and the penalties to be applied in cases of irregularity.

4. In the case of release for free circulation of hemp seeds other than for sowing as referred to in Section G of Part I of the Annex, the import licence shall be issued only where the authorised importer undertakes that the authorities competent for checks concerning the relevant operations [F31 in the United Kingdom] where the importer is authorised will be provided, within the time limits and under the conditions [F32 laid down by the licence issuing authority], with documents demonstrating that the hemp seed covered by the licence has undergone, within a period of less than 12 months from the date on which the licence is issued, one of the following operations:

(a) placing in a condition that excludes use for sowing;

(b) mixing with seed other than hemp seed for the purposes of animal nutrition, with hemp seed accounting for a maximum of 15 % of the total mixture and, in exceptional cases, a maximum of 25 % at the request of the authorised importer accompanied by a justification;

(c) export to a third country.

However, if part of the hemp seed covered by the licence has not undergone one of the operations referred to in the first subparagraph within the time limit of 12 months, the [F33 licence issuing authority] may, at the request of the authorised importer accompanied by a justification, extend that time limit by one or two periods of six months.

The documents referred to in the first subparagraph shall be drawn up by the operators who have carried out the operations and shall comprise at least the following information:

(a) the name, full address F34 ... and signature of the operator;

(b) a description of the operation carried out meeting the conditions laid down in the first subparagraph and the date on which it was carried out;

(c) the quantity in kilograms of hemp seed to which the operation related.

On the basis of a risk analysis, [F35 the licence issuing authority] shall carry out checks on the accuracy of the documents relating to the operations referred to in the first subparagraph F36 ....

5. By way of derogation from Article 6(1), rights deriving from import licences for hemp products shall not be transferable.

Textual Amendments

F27 Words in Art. 9(1) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 8(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F28 Words in Art. 9(1) omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 8(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 9(2) omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 8(3); 2020 c. 1, Sch. 5 para. 1(1)

F30 Words in Art. 9(3) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 8(4); 2020 c. 1, Sch. 5 para. 1(1)

F31 Words in Art. 9(4) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 8(5)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 9(4) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 8(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F33 Words in Art. 9(4) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 8(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F34 Words in Art. 9(4) omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 8(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

F35 Words in Art. 9(4) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 8(5)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F36 Words in Art. 9(4) omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 8(5)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F37 Article 10 U.K. Garlic

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F37 Art. 10 omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 9; 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER III U.K. F38 ... FINAL PROVISIONS

F39 Article 11 U.K. Amendment of Regulations (EC) No 2535/2001, (EC) No 1342/2003, (EC) No 2336/2003, (EC) No 951/2006, (EC) No 341/2007 and (EC) No 382/2008

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39 Arts. 11-13 omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 11; 2020 c. 1, Sch. 5 para. 1(1)

F39 Article 12 U.K. Repeal

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Textual Amendments

F39 Arts. 11-13 omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 11; 2020 c. 1, Sch. 5 para. 1(1)

F39 Article 13 U.K. Transitional provisions

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Textual Amendments

F39 Arts. 11-13 omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 11; 2020 c. 1, Sch. 5 para. 1(1)

Article 14 U.K. Entry into force and application

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

It shall apply from 6 November 2016.

F40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F40 Words in Art. 14 omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 12; 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F38 Words in Ch. 3 heading omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 10; 2020 c. 1, Sch. 5 para. 1(1)

F41 ...

Textual Amendments

F41 Words in Signature omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 13; 2020 c. 1, Sch. 5 para. 1(1)

ANNEX U.K.

PART I U.K. LICENSING OBLIGATION FOR IMPORTS

List of products referred to in Article 2(1)(a) U.K.

F42 A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42 Annex Pt. 1 s. A omitted (23.12.2021) by virtue of The Import and Export Licensing (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/1358), regs. 1(1), 2(2) (with reg. 4)

F43 B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F43 Annex Pt. 1 s. B omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 14(a); 2020 c. 1, Sch. 5 para. 1(1)

C.

Seeds (Article 1(2)(e) and Part V of Annex I to Regulation (EU) No 1308/2013)

a Maximum quantities for which no licence needs to be presented, in accordance with Article 3(1)(c). Not applicable for imports under preferential conditions or under a tariff quota administered by licences.
b No security is required.
(—) Licence required for any quantities.
CN code	Description	Security	Net quantitiesa
ex 1207 99 20	Seeds of varieties of hemp, for sowing	b	(—)

D.

Flax and hemp (Article 1(2)(h) and Part VIII of Annex I to Regulation (EU) No 1308/2013)

a Maximum quantities for which no licence needs to be presented, in accordance with Article 3(1)(c). Not applicable for imports under preferential conditions or under a tariff quota administered by licences.
b No security is required.
(—) Licence required for any quantities.
CN code	Description	Security	Net quantitiesa
5302 10 00	True hemp, raw or retted	b	(—)

F44 E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44 Annex Pt. 2 s. E omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 14(a); 2020 c. 1, Sch. 5 para. 1(1)

F45 F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45 Annex Pt. 2 s. F omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 14(a); 2020 c. 1, Sch. 5 para. 1(1)

G.

Other products (Article 1(2)(x) and Section 1 of Part XXIV of Annex I to Regulation (EU) No 1308/2013)

a Maximum quantities for which no licence needs to be presented, in accordance with Article 3(1)(c). Not applicable for imports under preferential conditions or under a tariff quota administered by licences.
b No security is required.
(—) Licence required for any quantities.
CN code	Description	Security	Net quantitiesa
1207 99 91	Hempseeds other than for sowing	b	(—)

F46 H. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F46 Annex Pt. 1 s. H omitted (23.12.2021) by virtue of The Import and Export Licensing (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/1358), regs. 1(1), 2(2) (with reg. 4)

PART II U.K. LICENSING OBLIGATION FOR EXPORTS

List of products referred to in Article 2(2)(a) U.K.

F47 A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F47 Annex Pt. 2 s. A omitted (23.12.2021) by virtue of The Import and Export Licensing (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/1358), regs. 1(1), 2(3) (with reg. 4)

F48 B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48 Annex Pt. 2 s. B omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 14(b); 2020 c. 1, Sch. 5 para. 1(1)

(1)

OJ L 347, 20.12.2013, p. 671.

(2)

OJ L 347, 20.12.2013, p. 549.

(3)

Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1).

(4)

Commission Implementing Regulation (EU) 2016/1239 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the system of import and export licences (see page 44 of this Official Journal).

(5)

Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (OJ L 341, 22.12.2001, p. 29).

(6)

Commission Regulation (EC) No 1342/2003 of 28 July 2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (OJ L 189, 29.7.2003, p. 12).

(7)

Commission Regulation (EC) No 2336/2003 of 30 December 2003 introducing certain detailed rules for applying Council Regulation (EC) No 670/2003 laying down specific measures concerning the market in ethyl alcohol of agricultural origin (OJ L 346, 31.12.2003, p. 19).

(8)

Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (OJ L 178, 1.7.2006, p. 24).

(9)

Commission Regulation (EC) No 341/2007 of 29 March 2007 opening and providing for the administration of tariff quotas and introducing a system of import licences and certificates of origin for garlic and certain other agricultural products imported from third countries (OJ L 90, 30.3.2007, p. 12).

(10)

Commission Regulation (EC) No 382/2008 of 21 April 2008 on rules of application for import and export licences in the beef and veal sector (OJ L 115, 29.4.2008, p. 10).

(11)

Commission Regulation (EC) No 2390/98 of 5 November 1998 laying down detailed rules for the application of Council Regulation (EC) No 1706/98 as regards the arrangements for importing certain cereal substitute products and processed cereal and rice products originating in the African, Caribbean and Pacific States or in the overseas countries and territories and repealing Regulation (EEC) No 2245/90 (OJ L 297, 6.11.1998, p. 7).

(12)

Commission Regulation (EC) No 1345/2005 of 16 August 2005 laying down detailed rules for the application of the system of import licences for olive oil (OJ L 212, 17.8.2005, p. 13).

(13)

Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (OJ L 114, 26.4.2008, p. 3).

(14)

Commission Regulation (EC) No 507/2008 of 6 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre (OJ L 149, 7.6.2008, p. 38).

(15)

Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (OJ L 150, 20.5.2014, p. 1).

(16)

Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(17)

Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255, 28.8.2014, p. 18).