CHAPTER I

GENERAL PROVISIONS

Rights and obligations, tolerance
Article 5
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 agent acting on behalf of the titular holder or transferee as provided for in 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 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.
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)
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)
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)