WORLD TRADE
ORGANIZATIONG/LIC/N/3/EEC/2/Add.23
13 October 1999
(99-4356)
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 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 21,000 tonnes of oats of tariff heading ex 1004 00 50. 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 4 11/96 of 6 March 1996 (OJ L 57).
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.23
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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.The competent authorities in the Member States have to notify to the Commission on the date
where the applications were lodged, of the quantity information contained in the applications forimport licences. Applications are examined simultaneously by the Commission. If the quantities in
respect of which licences have been applied for exceed the quantities available, the Commission
notifies the Member States within three working days at the latest following the lodging of
applications by what percentage(s) they must scale down the quantities applied for when issuing the
licences. Import licences are issued by the competen t authorities in the Member States on the fifth
working day following the day on which the application was lodged. .
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 411/96 of 6 March 1996 (published in OJ L 57,page 12).
11. The import licence.12. No.13. The issuance of import licence is subject to a security in order to guarantee that the imported
oats meet the relevant quality criteria as laid down in the relevant legislation. If this proof has been
submitted the security is released.G/LIC/N/3/EEC/2/Add.23
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Conditions of licensing
14. Import licences are valid from the day of their issue until the end of the third month following
that in which the licence was issued. The period of validity cannot be extended.
15. In case that the imported oats does not meet the required quality, the security is not released.
The security is only release for the volume of im ported oats that complies with the relevant quality
criteria.
16. Import licences are not transferable.17. No.Other procedural requirements
18. No.
19. Not relevant.
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