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

Article 15 Penalties

1. Where the competent licence issuing authority finds that an operator applying for an import or export licence for tariff quota or its transfer has presented an incorrect document or has submitted incorrect data or data that is not up to date in the context of the registration into the LORI electronic system, and where that document is essential for issuing that import or export licence, it shall take the following measures:

(a) bar the operator from releasing for free circulation in the Union or exporting from the Union any products under the import or export tariff quota concerned for the entire tariff quota period during which such finding was made;

(b) exclude the operator from the licence application system for the import or export tariff quota concerned for a tariff quota period following the tariff quota period during which such finding was made.

Where the licence issuing authority finds that an operator applying for an import or export licence for tariff quota or its transfer has deliberately presented an incorrect document or has deliberately omitted to update data in its LORI record in the context of the registration into the LORI electronic system, and where that document or data is essential for issuing that import or export licence, the exclusion of the operator referred to in point (b) of the first subparagraph shall apply for two tariff quota periods following the tariff quota period during which such finding was made.

2. Where release for free circulation under an import licence has been made prior to the findings referred to in paragraph 1 any undue financial advantages resulting therefrom shall be recovered.

3. The penalties referred to in paragraph 1 shall be without prejudice to any additional penalties under national law or Union law, and without prejudice to the rules on the protection of the Union’s financial interests.