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
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Whereas:
With a view of sound and uniform administration of the licensing system it is appropriate to lay down common provisions as regards application for and issue of licences.
In order to unambiguously identify an applicant for a licence and a titular holder of a licence, the Economic Operators Registration and Identification (EORI) number should be used for this purpose.
It is necessary to establish the appropriate level of the security for the licences to be issued, so as to guarantee that the products will be imported or exported during the period of validity of the licence.
It should be possible to issue extracts of licences that have the same effect as the licences from which they are extracted, so that several operations can be carried out at the same time under one licence.
It is necessary to lay down periods of validity of the import and export licences. This validity can vary for specific products and has to be fixed in order to define when the obligation to export or import is to be fulfilled.
In view of international trade practice in respect of the agricultural products concerned, level of tolerances should be defined with regard to the quantity of products imported or exported as compared with the quantity indicated on the licence.
The import and export licence constitutes a right and give rise to an obligation to release for free circulation or to export. It is necessary to define when the undertaking to export or import is fulfilled and how to prove it.
It is appropriate to lay down provisions on the procedure to be followed when a licence is destroyed or lost.
In order to reduce the administrative burden in those cases where the amount of security required for a licence is relatively small, a threshold should be fixed under which no security is required.
In order to reduce the administrative burden it is appropriate to set out maximum quantities for specific products for which a licence is not required.
Action should be taken in cases where the obligation to import or export is not fulfilled, especially in cases of recognised force majeure. In such cases that obligation may be considered cancelled or the period of validity of the licence may be extended.
It is necessary to lay down some additional notification requirements for import licences for hemp, garlic and ethyl alcohol of agricultural origin in order to take into consideration the specificities of those sectors.
Taking into consideration the need of a smooth transition from the current rules to those being introduced by this Regulation, some transitional provisions should be adopted.
The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Article 1Definitions
Article 2Application for and issue of licences
1.
Where no such IT applications are available or effective, and as fall-back for failure of IT applications, licences may also be applied for and issued, using a print of the model as set out in Annex I to this Regulation, and taking account of the instructions set out in that Annex.
F12.
For the purpose of receiving the application and issuing the licence, the name and address of the licence issuing authority shall be published on its website.
3.
Applications and licences shall be completed and issued in typed format F2as specified by the licence issuing authority.
4.
5.
6.
The licence issuing authority shall not accept applications that are not in accordance with the relevant F5... rules. It shall issue the licence without delay, using the accepted information as filled in by the applicant, and completing the information as set out in the notice on import and export licences for agricultural products. On paper copies the licence issuing F6authority shall validate its issuing by signature and by means of a stamp, or an embossing press. Electronic copies shall be validated in accordance with the standards referred to in paragraph 1.
Article 3Deadlines
1.
An application received after F7midday on a working day shall be deemed to have been lodged on the first working day following the day on which it was actually received.
2.
A request for cancellation of an application for a licence may only be made in electronic or written form, to be received by the licence issuing authority by F7midday on the day the application is received.
F83.
Where in this Regulation a period for procedures is set, and the opening or closing date is a Saturday, Sunday, or public holiday as defined in Regulation (EEC, Euratom) No 1182/71:
(a)
the applicable opening date shall be the following working day and shall start at 0.00 hours, taking account of official office opening hours;
F9(b)
by way of derogation from Article 3(2)(b) and (4) of that Regulation, the applicable closing date shall be the last working day preceding the Saturday, Sunday or public holiday and shall end at F7midday. However, in respect of applications for a licence Member States may decide to provide for the necessary working arrangements to allow their submission on a Saturday, Sunday or public holiday. In that case, the applicable closing date shall be the given Saturday, Sunday or public holiday and shall end at F7midday. Where a Member State decides to provide for such working arrangements, it shall publish them.
F10Point (b) of the first subparagraph shall also apply where the applicable closing date is defined by reference to a specified date and that date falls on a Saturday, Sunday or public holiday.
F114.
By way of derogation from paragraph 3, where for the purposes of this Regulation a time limit applies for the notification of quantities of products covered by applications for licences under a tariff quota or for the notification of unused quantities under a tariff quota, that time limit shall end with the expiry of the last hour of the last day, irrespective of whether that day is a Saturday, Sunday or public holiday.
Article 4Economic Operators Registration and Identification number
1.
The Economic Operators Registration and Identification number (‘EORI number’) assigned to the applicant, titular holder or transferee pursuant to Article 9 of Regulation (EU) No 952/2013 shall be inserted in Section 4 or, where applicable, Section 6 of the application and the licence.
Applicants or F12the licence issuing authority may, on the basis of national instructions, mention the EORI number of the applicant, titular holder or transferee in Section 20, provided that the name or identity number in Section 4 or 6 links to the EORI number in Section 20.
2.
Where products are declared for release for free circulation or export by a customs F13agent as referred to in F14section 21 of the Taxation (Cross-border Trade) Act 2018, the EORI number of the titular holder or transferee shall be mentioned in the appropriate data element of the electronic customs declaration.
Article 5Amount of the security
1.
Where a security is required in accordance with Article 4(1) of Delegated Regulation (EU) 2016/1237, the amount of the security shall be as set out in Annex II to this Regulation.
F152.
The amount of security shall be rounded to the first lower amount in pounds sterling.
F16Article 6Extracts
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Article 7Period of validity
1.
For the products listed in Annex II, the period of validity of the licences shall be as set out in that Annex.
2.
A licence shall be valid from its actual day of issue as indicated in Section 25 of the import licence or Section 23 of the export licence as validated by the licence issuing authority's code or stamp. That day shall be included in the calculation of the period of validity of the licence.
If pursuant to specific legislation another starting date of the period of validity applies, the licence issuing authority shall additionally indicate that date preceded by the words ‘valid from’ in the boxes of the licences referred to in the first subparagraph.
Article 8Tolerance and rounding
1.
The positive or negative tolerance referred to in Article 5(4) of Delegated Regulation (EU) 2016/1237 shall be no more than 5 %.
2.
When calculating quantities, the following rounding rules shall apply:
(a)
where the first decimal is five or more, the quantity shall be rounded up to the first higher unit of measurement referred to in Section 17 of the licence. Where the first decimal is less than five, the decimal quantity shall be deleted;
(b)
for headage-based quantities, quantities shall be rounded to the next greater whole number of head.
Article 9Customs declaration
1.
The customs declaration shall refer to the licence F17... using a specific code and the licence issue number indicated in its Section 25 of the import licence or Section 23 of the export licence F18as published from time to time on the website of the customs authority, or, where applicable, in accordance with Annex I, point 4, in Section 2.
2.
The IT applications of the licence issuing authority may provide direct access for the customs F19authority to the electronic licence F20.... If direct access is not available, the declarant or the licence issuing authority shall send the licence F20... to the customs F19authority in electronic format.
If the IT applications of the licence issuing authority or customs F21authority are not suited for applying the first subparagraph, licences F22... may be sent in paper format.
3.
Article 10Attribution and endorsements
1.
The rules on the procedure for the issue of electronic licences shall designate the authority that is to indicate the quantity released for free circulation or exported on the licence, and specify how the declarant and the licence issuing authority get access to that information.
2.
On a paper licence, the customs F25authority shall indicate and validate the quantity released for free circulation or exported, or if provided by national administrative rules, validate the quantity indicated by the declarant, in Sections 29 and 30 of the titular holder's copy, endorse it, and return that copy to the declarant, or, if specific legislation requires so, return that copy to the licence issuing authority.
3.
Where the quantity released for free circulation or exported does not correspond to the quantity indicated on the licence, customs shall correct the entry on the licence by indicating the actual quantity within the limits of the quantity available on the licence.
4.
If the space for making attributions on paper licences F26... is not sufficient, the authorities may attach extension pages, validated through allongement stamping.
5.
The date of attribution shall be the date of acceptance of the declaration for release for free circulation or for export.
F276.
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Article 11Transfer
In the event of a request for transfer by the titular holder, the transferee's data and the date of the relevant entry shall be entered on the licence in accordance with the notice for import and export licences for agricultural products. The transfer shall be validated by the licence issuing authority.
In the event of a transfer back to the titular holder, the licence issuing authority shall validate the transfer back and its date on the licence in accordance with the notice on import and export licences for agricultural products.
The transfer or transfer back shall take effect from the date of validation by the licence issuing authority.
Article 12Deposit
1.
F28The licence may be kept available on deposit at the premises of the licence issuing authority or the customs authority or may be made available in the IT applications.
2.
The licence issuing authority shall determine the cases in which deposit of a licence at the authorities involved in the procedure for release for free circulation or for export shall apply, and the conditions to be met by the titular holder or transferee.
F293.
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4.
In box 44 of the paper customs declaration or in the appropriate data element of the electronic customs declaration the declarant shall add the words ‘in deposit’ to the licence issuing number. For electronic licences F30the customs authority may waive this obligation or apply a special code for this purpose.
Article 13Integrity and control of the licenceF31...
1.
Entries made on licences F32... may not be altered after their issue.
2.
Where F33the customs authority has a doubt on the accuracy of entries on the licence F34..., it shall return the licence F34... to the licence issuing authority. Where F35the licence issuing authority has a doubt on the accuracy of entries on the licence F34..., it shall return the licence F34... to F36the customs authority.
The first subparagraph shall not apply where it concerns minor or evident errors which the licence issuing authority F37or the customs authority can remedy by applying the legislation correctly.
3.
4.
For electronic licences F39..., the licence issuing authority shall validate the corrected version, which shall replace the original version. On paper licences F39..., the licence issuing authority shall include the entry ‘licence corrected on …’ F40... Any former entries shall be reproduced on each copy.
5.
Where the licence issuing authority does not consider a correction necessary, it shall confirm this in the IT applications. For paper licences F41..., the licence issuing authority shall mark its confirmation of correctness on the licence F42... by its endorsement ‘verified on date ….’ and put its stamp, initials and date, or apply a similar method.
F436.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F437.
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Article 14Fulfilment of the obligation and proof
1.
The security for a licence shall be released if the obligations referred to in Article 24 of Delegated Regulation (EU) No 907/2014 and this Article have been fulfilled.
2.
The right to have the products released for free circulation or to export shall be considered to have been exercised, and the corresponding obligation shall be considered to have been fulfilled, on the day the relevant customs declaration is accepted within the period of validity of the licence and provided that:
(a)
in case of release for free circulation, the products are actually released for free circulation;
(b)
in case of export, the products have left the F44United Kingdom within 150 calendar days from the day of acceptance of the customs declaration.
3.
Proof of the fulfilment of the obligation to have the products released for free circulation shall be the titular holder's or transferee's copy of the licence F45..., duly endorsed by customs, or its electronic equivalent.
F464.
Proof of the fulfilment of the obligation to export shall be the titular holder's or transferee's copy of the licence duly endorsed by customs or its electronic equivalent.
F475.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.
The proof of having the products released for free circulation must be received by the licence issuing authority within 60 calendar days of the expiry of the period of validity of the licence.
The proof of export and exit of the F48United Kingdom must be received by the licence issuing authority within 180 calendar days after the expiry of the licence.
If the periods provided for in the first and second subparagraphs cannot be respected due to technical problems, the licence issuing authority may, at the request and proof of the titular holder, extend those periods, if necessary ex post, up to a maximum of 730 calendar days, taking account of Article 23(4) of Delegated Regulation (EU) No 907/2014.
7.
Article 15Replacement and duplicate licences F51...
1.
Where a paper licence F52... issued for products referred to in Article 2(1)(a) or (2)(a) of Delegated Regulation (EU) 2016/1237 is partly or totally destroyed, or lost, the titular holder or transferee may request the licence issuing authority to issue a replacement licence F52.... The replacement licence F52... substitutes the original licence F52..., including all rights and obligations concerned.
For replacement licences under this paragraph a security shall be lodged as set out in Article 5.
If the lost or partially destroyed original licence is found, the titular holder shall return the original licence to the licence issuing authority, who shall release the remaining security for the original licence forthwith.
2.
A replacement licence F53... may only be issued once and for the period of validity and the balance of quantity remaining available for the original licence F53....
A replacement licence F54... shall not be issued where the issue of licences F55... for the product in question is suspended or where it concerns an F56... export tariff rate quota.
3.
The security for the replacement licence, together with the security for the original licence if it was not found, shall be released in accordance with Article 14.
4.
Where the request concerns a partly or totally destroyed licence F57... issued for products other than those referred to in Article 2(1)(a) and (2)(a) of Delegated Regulation (EU) 2016/1237, the following conditions shall apply:
(a)
the titular holder or transferee shall prove the total or partial destruction to the satisfaction of the licence issuing authority;
(b)
(c)
the security to be lodged for the replacement licence F57... shall be 150 % of the security for the original licence, with a minimum of F58£3 per 100 kilograms or per hectolitre or head, taking account of the balance of the quantity remaining available at the moment of destruction, and of the positive tolerance, if applicable. The balance of security available for the original licence may be used when lodging the security for the replacement licence. Any excess of the security for the original licence compared to the security for the replacement licence, taking into account the remaining available quantity shall be released immediately.
F595.
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6.
Where a paper licence F60... is lost or destroyed, and the lost or destroyed document has been used wholly or in part, for the sole purpose of releasing the still outstanding security concerning the release for free circulation or export which were already registered on the original licence, the following conditions shall apply:
(a)
(b)
the licence issuing authority may supply the titular holder or transferee with a duplicate licence F60..., clearly marked ‘duplicate’ on each copy;
(c)
the duplicate licence F60... shall be presented to the customs authority competent for the declaration for release for free circulation, or export, where that declaration was accepted under the lost licence F60.... That customs authority shall make entries on and endorse the duplicate concerning the release for free circulation or export carried out under the original licence F60....
Article 16Force majeure
1.
(a)
either cancel the obligation to have the products and quantity indicated on the licence be released for free circulation or exported during the period of validity of the licence, as referred to in Article 14(1) of this Regulation, and release the security, or extend the period of validity of the licence by a period of maximum 180 days following the expiry of the original period of validity of the licence, taking account of the circumstances of the case; or
(b)
extend the period for the submission of the proof of release for free circulation or export as referred to in Article 14(6) of this Regulation, within the limits set by that provision, without partial forfeiture of the security.
A decision taken pursuant point (a) shall relate only to the quantity of products that could not be released for free circulation or exported as a result of force majeure.
F622.
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F623.
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F63Article 17Information and notifications relating to hemp
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F63Article 18Notifications relating to garlic
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F63Article 19Notifications relating to import licences for ethyl alcohol of agricultural origin
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F63Article 19aNotifications relating to rice
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F63Article 20Exchange of information and notifications to the Commission
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F63Article 21Transitional provisions
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Article 22Entry 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.
F64....
ANNEX IMODEL REFERRED TO IN ARTICLE 2(1)
INSTRUCTIONS FOR USE
1.Licence forms shall be made up in sets containing copy No 1, copy No 2 and the application, together with any extra copies of the licence, in that order.
However, the licence issuing authority may require applicants to complete an application form only, instead of the sets provided for in the first subparagraph.
2.
Where, as a result of F65an enactment, the quantity for which the licence is issued may be less than the quantity in respect of which application for a licence was initially made, the quantity applied for and the amount of the security relating thereto must be entered only on the application form.
F663.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F674
In Section 2, the licence issuing authority may include the country code (UK) and add numbers identifying the document.
5.
At the time of their issue, licences F68... may bear an issue number in Section 23 (export licence) or Section 25 (import licence) allocated by the licence issuing authority.
6.
Applications F69and licences shall be completed in typescript or by computerised means.
7.
ANNEX II
PART ILICENSING OBLIGATION — FOR IMPORTS
List of products referred to in Article 2(1)(a) of Delegated Regulation (EU) 2016/1237
F72A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F73B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CN code | Description | Amount of the security | Period of validity |
|---|---|---|---|
ex 1207 99 20 | Seeds of varieties of hemp, for sowing | until the end of the sixth month following the month of the day of issue of the licence, in accordance with Article 7(2) F74... |
CN code | Description | Amount of the security | Period of validity |
|---|---|---|---|
5302 10 00 | True hemp, raw or retted | until the end of the sixth month following the month of the day of issue of the licence, in accordance with Article 7(2) F75... |
F76E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CN code | Description | Amount of the security | Period of validity |
|---|---|---|---|
1207 99 91 | Hemp seeds other than for sowing | until the end of the sixth month following the month of the day of issue in accordance with Article 7(2) F78... |
F79H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .