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Commission Delegated Regulation (EU) 2020/760Show full title

Commission Delegated Regulation (EU) 2020/760 of 17 December 2019 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the rules for the administration of import and export tariff quotas subject to licences and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the lodging of securities in the administration of tariff quotas

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Article 13Prior compulsory registration of operators

1.The Commission shall set up a Licence Operator Registration and Identification (LORI) electronic system, in accordance with Commission Delegated Regulation (EU) 2017/1183(1) and Implementing Regulation (EU) 2017/1185.

2.Applications for registration in the LORI electronic system shall be made using an electronic form made available by the licence issuing authority to operators. This form shall include the information set out in Annex II.

3.Only operators established in the customs territory of the Union and having an EORI number may apply for registration in the LORI electronic system. They shall apply to the licence issuing authority of the Member State in which they are established and registered for VAT purposes.

4.The application for registration shall be submitted at least two months before the month in which the operator intends to submit its licence application. The operator shall provide a valid email address for correspondence, and shall maintain a valid email address in the LORI electronic system for communication with the licence issuing authority.

5.Where the competent licence issuing authority finds that the information submitted by an operator for registration in the LORI electronic system or for a change in its LORI record is correct and up to date and complies with this Regulation and with Implementing Regulation (EU) 2020/761, it shall validate the registration or the change and notify the Commission of the validation through the LORI electronic system.

6.The licence issuing authority shall reject the application for registration where the applicant fails to prove to its satisfaction that the information provided as set out in Annex II is correct and up to date. The licence issuing authority shall record the date of rejection of the application and shall notify the rejection to the applicant together with the reasons for rejection.

7.Based on the notification of the licence issuing authority, the Commission shall register the applicant in the LORI electronic system and inform the licence issuing authority of the registration. The licence issuing authority shall notify the registration to the applicant.

8.Once the operator is registered in the LORI electronic system, the registration is valid until its withdrawal.

9.Data concerning the registered operator stored in the LORI electronic system shall constitute its LORI record. This data shall be stored throughout the registration of the operator and for seven years following the withdrawal of the operator’s registration from the LORI electronic system.

10.The licence issuing authority shall withdraw the registration in the following cases:

(a)upon request by the registered operator;

(b)where the licence issuing authority becomes aware that the registered operator no longer meets the conditions and eligibility requirements for applying for tariff quotas requiring compulsory registration for operators.

11.The licence issuing authority shall record the date of withdrawal of the registration and shall notify it to the operator concerned together with the reasons for the withdrawal.

12.The operator shall notify the competent licence issuing authority of any changes affecting its LORI record within 10 calendar days from the date of effectiveness of such changes. The Commission shall record those changes in the LORI electronic system after their validation by the competent licence issuing authority.

13.The Commission may suspend the requirement of prior registration of operators in the LORI electronic system where the reference quantity requirement has been suspended pursuant to Article 9(9).

The duration of the suspension shall not exceed the tariff quota period.

14.The Commission shall notify the suspension of the requirement of prior registration of operators in the LORI system in accordance with Article 188 of Regulation (EU) No 1308/2013.

(1)

Commission Delegated Regulation (EU) 2017/1183 of 20 April 2017 supplementing Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council with regard to the notifications to the Commission of information and documents (OJ L 171, 4.7.2017, p. 100).

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