WORLD TRADE
ORGANIZATIONG/LIC/N/3/EEC/2/Add.24
13 October 1999
(99-4355)
Committee on Import Licensing Original:  English
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES1
Notification under Article 7.3 of the Agreement
on Import Licensing Procedures
EUROPEAN COMMUNITIES
Addendum
Import Licensing Procedures for WTO Tariff Quotas
for Worked Oats
Outline of system
1. The object of the import licensing system is to ensure a sound administration of the EC’s
WTO tariff rate quota for 10,000 tonnes of worked oats, otherwise worked of tariff heading
1104 22 98. The relevant legislation related to the import licensing system for this tariff quota is
mentioned in reply 5.  As regards the requirements for applicants for import licences see reply 6.
Purpose and coverage of licensing
2. See reply 1.3. The system applies in the European Community to the product mentioned reply 1, originating
in third countries.
4. See reply 1. As referred to in reply 1, the licensing system covers the relevant WTO tariff
quota. The EC considers the method adopted to be the most appropriate to administer these tariff rate
quotas.
5. The relevant legislation for the administration of import licences for the tariff quota
mentioned in reply 1 is:
Commission Regulation (EC) No 2369/96 of 12 December 1996 (OJ L 323), as last amended
by Commission Regulation (EC) 630/97 of 10 April 1997 (OJ L 96).
The licensing is statutorily required. The legislation does not leave designation of products to
be subjected to licensing to administrative discretion. The system cannot be abolished without
legislative approval.
                                                     
1 See G/LIC/3, Annex, for the Questionnaire.G/LIC/N/3/EEC/2/Add.24
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Procedures
6. Answer to questions 6.I to VIII and to 6. XI. Questions 6.IX and X are not relevant.
The information related to the allocation of the quota and the formalities for licence
application is published in the Official Journal of the European Communities (see reply 5). There is
no derogation from the licensing requirement.
The tariff quota is an annual tariff quota.Applicants for import licences must be natural or legal persons, who at the time applications
are submitted, prove to the satisfaction of the competent authorities of the Member States that theyhave been operating commercially in the cereals sector for twelve months at least and that they are
registered in the Member State where the application is made.
Imports are only known to the competent authority in the Member States to which the import
licence application has been submitted and to the Commission.
The applicant for an import licence must approach only one administrative organ.Applications for import licences have to be s ubmitted to the competent authorities in the
Member States on the second working Monday of each month. A quantity of 1,000 tonnes is, to this
end, available in respect of each month until the quota volume is used up. Quantities not used in the
course of one month are carried forward to the following month until the end of each marketing year.
The competent authorities in the Member States ha ve to notify to the Commission within two working
days of the closing date for the submission of applications on the applications submitted. Applications
are examined simultaneously by the Commission. Where the total quantity for which import licencesare submitted exceeds the quantity of product which may be imported during the period in question,
the Commission notifies Member States, within three working days, of the percentage reduction they
must apply, when issuing licences, to the quantities for which applications were submitted. Import
licences are then issued within three working days.
7. Question 7 is not relevant in the present case.
8. The application for an import licence can only be refused if the relevant criteria are not
fulfilled. Applicants can appeal to courts in the Me mber States according to the legislation in force in
the respective Member States.
Eligibility of importers to apply for licence
9. See reply 6. Applicants must be entered in a VAT register and there is no registration fee.Documentational and other requirements for application for licence
10. A specimen of the import licence is set out at Annex XI to the Community’s general
Article 7.3 notification for 1999 (G/L IC/N/3/EEC/2). Regarding the information required, see the
import licence and Commission Regulation (EC) No 2369/96 of 12 December 1996 (published in
OJ L 323, page 8), as last amended by Comm ission Regulation (EC) 630/97 of 10 April 1997
(published in OJ L 96, page 5).
11. The import licence.12. No.G/LIC/N/3/EEC/2/Add.24
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13. The issuance of import licence is subject to a security in order to guarantee the good faith of
the applicants. The security is released on the issue of the import licence.
Conditions of licensing
14. Import licences are valid 45 days from the day of their issue and the period of validity cannot
be extended.
15. See reply 13.16. Import licences are not transferable.
17. No.
Other procedural requirements
18. No.19. Not relevant.
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