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

Article 8 Proof of trade

1. When applying for a specific tariff quota, operators shall prove that they exported from the Union or released for free circulation in the Union a minimum quantity of products of the sector concerned, as listed in points (a) to (w) of Article 1(2) of Regulation (EU) No 1308/2013.

The minimum quantity of products to be exported from the Union or released for free circulation in the Union in each of the two consecutive 12-month periods ending 2 months before the first application may be submitted for the tariff quota period is set out in Annexes II to XIII to Implementing Regulation (EU) 2020/761.

For the purposes of the first subparagraph, the following shall apply:

(a) for the garlic tariff quotas listed in Annex VI to Implementing Regulation (EU) 2020/761, the sector concerned shall be the fruit and vegetables sector as listed in point (i) of Article 1(2) of Regulation (EU) No 1308/2013;

(b) for the mushrooms tariff quotas listed in Annex VII to Implementing Regulation (EU) 2020/761, the sector concerned shall be the processed fruit and vegetables products sector as listed in point (j) of Article 1(2) of Regulation (EU) No 1308/2013.

2. By way of derogation from paragraph 1, the proof of trade shall cover:

(a) for the beef and veal tariff quotas listed in Annex VIII to Implementing Regulation (EU) 2020/761: the period of 12 months ending 2 months before the first application may be submitted for the tariff quota;

(b) for the Canada pigmeat import quota opened under order number 09.4282: in addition to products from the pigmeat sector as defined in point (q) of Article 1(2) of Regulation (EU) No 1308/2013, products falling under CN codes 0201, 0202, 0206 10 95 or 0206 29 91;

(c) for milk powder export quota opened by the Dominican Republic, referred to in Articles 55 to 57 of Implementing Regulation (EU) 2020/761 products of the tariff quota in question, exported to the Dominican Republic during one of three calendar years prior to lodging a licence application;

(d) for the cheese export quota opened by the United States of America, referred to in Articles 58 to 63 of Implementing Regulation (EU) 2020/761 products falling under CN code 0406, exported to the United States of America in at least one of the three calendar years prior to the month of September preceding the start of the tariff quota period;

(e) for the New Zealand butter tariff quota under order number 09.4195: products imported under tariff quota order numbers 09.4195 and 09.4182 during 24 months prior to the month of November preceding the start of the tariff quota period;

(f) for the New Zealand butter tariff quota under order number 09.4182: the period of 12 months prior to the month of November preceding the start of the tariff quota period.

3. Operators shall provide the proof of trade to the licence issuing authority by means of any of the following:

(a) customs data showing release for free circulation in the Union and containing, as required by the Member State concerned a reference to the operator as declarant referred to in Article 5(15) of Regulation (EU) No 952/2013 or as importer referred to in Group 3 of Chapter 3 of Title I of Annex B to Delegated Regulation (EU) 2015/2446 and in Group 3 of Title II of that Annex;

(b) customs data showing release for export from the Union and containing, as required by the Member State concerned, a reference to the operator as declarant referred to in Article 5(15) of Regulation (EU) No 952/2013 or as exporter referred to Article 1(19) of Delegated Regulation (EU) 2015/2446;

(c) a used licence duly endorsed by customs authorities showing the products’ release for free circulation in the Union or export from the Union and containing a reference to the operator as a licence titular holder, or in case of transfer of licence, containing a reference to the operator as a transferee.

4. Where customs data can only be generated or submitted in paper format, the print out of the customs declarations shall be certified as true copy by stamp and signature by the customs authorities of the Member State concerned.

5. Licence issuing authorities and customs authorities may provide for simplified electronic formats for the documents and procedures referred to in this Article.

6. Proof of trade shall not be required for quotas subject to the requirement of reference quantity, unless that requirement is suspended, pursuant to Article 9(9).