2000R1291 — EN — 04.03.2004 — 004.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1291/2000
of9June2000
layingdowncommondetailedrulesfortheapplicationofthesystemofimportandexportlicences
andadvancefixingcertificates foragricultural products
(OJ L 152, 24.6.2000, p. 1)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 2299/2001 of 26 November 2001 L 308 19 27.11.2001
►M2Commission Regulation (EC) No 325/2003 of 20 February 2003 L 47 21 21.2.2003
►M3Commission Regulation (EC) No 322/2004 of 23 February 2004 L 58 3 26.2.2004
Corrected by:
►C1Corrigendum, OJ L 254, 22.9.2001, p. 7 (1291/2000)
►C2Corrigendum, OJ L 253, 7.10.2003, p. 26 (325/2003)
▼B
COMMISSIONREGULATION(EC)No1291/2000
of9June2000
laying down common detailed rules for the application of the
systemofimportandexportlicencesandadvancefixingcertificates
foragricultural products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June
1992 on the common organisation of the market in cereals (1), as last
amended by Regulation (EC) No 1253/1999 (2), and in particular
Articles 9(2), 12(4), 13(11) and 23 thereof, and the corresponding Arti-
cles of the other Regulations on the common organisation of markets inagricultural products,
Whereas:
(1)Commission Regulation (EEC) No 3719/88 (3), as last amended
by Regulation (EC) No 1127/1999 (4), which superseded Regula-
tion (EEC) No 3183/80 (5), which in turn superseded Regulation
(EEC) No 193/75 (6), which in turn superseded Regulation
(EEC) No 1373/70 (7), lays down common detailed rules for
applying the system of import and export licences and advancefixing certificates for agricultural products. Regulation (EEC)No 3719/88 has been amended many times, in some casessubstantially. In the interests of clarity and administrative effi-
ciency, the rules in question should therefore be consolidated in
a single text, at the same time making certain amendmentswhich experience has shown to be desirable.
(2)The Community Regulations which introduced import and
export licences provide that all imports into the Community and
all exports from it of agricultural products are to be subject tothe production of such a licence. The scope of such licencesshould therefore be defined, with the express stipulation thatthey are not required for operations which do not constituteimports or exports in the strict sense.
(3)Where products are subject to inward-processing arrangements,the competent authorities may, in some cases, allow products tobe put into free circulation either with or without further proces-sing. In such cases, to ensure that the market is properlymanaged, an import licence should be required for products actu-
ally put into free circulation. However, where a product put into
free circulation has been obtained from basic products some ofwhich have been imported from third countries and some ofwhich have been purchased in the Community, only those basicproducts imported from third countries need to be taken into
consideration.
(4)The object of import and export licences and advance fixing
certificates is the sound administration of the market organisa-tion. Some operations relate to small quantities and, in theinterests of simplifying administrative procedures, import and
export licences and advance-fixing certificates should not be
required for suchoperations.
(5)Export licences are not required for the victualling of vessels andaeroplanes in the Community. Since the justification is similar,this provision should also apply to deliveries to platforms and2000R1291 — EN — 04.03.2004 — 004.001 — 2
(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 160, 26.6.1999, p. 18.
(3) OJ L 331, 2.12.1988, p. 1.
(4) OJ L 135, 29.5.1999, p. 48.
(5) OJ L 338, 13.12.1980, p. 1.
(6) OJ L 25, 31.1.1975, p. 10.
(7) OJ L 150, 20.7.1970, p. 1.
▼B
naval vessels and to victualling in third countries. For the same
reasons, licences should not be required for the operationscovered by Council Regulation (EEC) No 918/83 of 28 March
1983 setting up a Community system of reliefs from customs
duty(
1), as last amended by Regulation (EC) No 355/94 (2).
(6)In view of international trade practice in respect of the products
or goods in question, certain tolerances should be allowed with
regard to the quantity of products imported or exported ascompared with the quantity indicated on the licence or certifi-cate.
(7)So that several operations can be carried out at the same timeunder one licence or certificate, provision should be made forextracts of licences and certificates to be issued which have thesame effect as the licences and certificates from which they areextracted.
(8)Under the Community rules governing the various sectorscovered by the common organisation of agricultural markets,import and export licences and advance fixing certificates areapplicable to operations effected in the Community. Thisarrangement requires common rules to be adopted for drawing
up and using suchlicences or certificates and Community forms
and methods to be established for administrative cooperationbetween Member States.
(9)The use of computerised procedures is gradually replacing the
manual input of data in the different areas of administrative
activity. It should therefore also be possible to use computerisedand electronic procedures when issuing and using licences andcertificates.
(10)The Community Regulations which introduced the abovemen-tioned licences and certificates provide that they are to beissued subject to the lodging of a security so as to guaranteethat the undertaking to import or export will be fulfilled duringthe period of their validity. It is necessary to define when the
undertaking to export or import is fulfilled.
(11)In the case of licences with advance fixing of the refund, the
licence to be used depends on the tariff classification of theproduct. In the case of certain mixtures, the rates of refund do
not depend on the tariff classification of the product but on
special rules laid down for that purpose. Therefore, where thecomponent on which the refund applicable to the mixture iscalculated does not correspond to the tariff classification of themixture, suchimported or exported mixtures sh ould not qualifyfor the rate fixed in advance.
(12)Import licences are sometimes used to administer quantitativeimport arrangements. This is possible only where knowledge ofthe imports effected under the licences issued is available withina fairly short period. In such cases, the requirement to produce
evidence that licences have been used is not merely in the
interest of sound administration but becomes essential for admin-istering these quantitative arrangements. The evidence inquestion is supplied by producing copy 1 of the licence and,where appropriate, the extracts therefrom. It is possible to supply
such evidence within a fairly short period. Such a time limit
should therefore be fixed for cases where the Community ruleson the licences used to administer quantitative arrangementsmake reference thereto.
(13)In some cases the amount of security required for a licence orcertificate may be extremely small. In order to reduce the admin-istrative load, no security should be required in such cases.2000R1291 — EN — 04.03.2004 — 004.001 — 3
(1) OJ L 105, 23.4.1983, p. 1.
(2) OJ L 46, 18.2.1994, p. 5.
▼B
(14)Since in practice the person using a licence or certificate may
not be the holder or transferee, in the interests of legal certainty
and administrative efficiency it should be specified whichpersons are authorised to use the certificate or licence. Thenecessary link between the titular holder and the person makingthe customs declaration should be established to this end.
(15)An import or export licence confers the right to import or exportand so it must be presented at the time when the import or
export declaration is accepted.
(16)When simplified import or export procedures are used, the
requirement to present the licence to the customs authoritiesmay be waived or the licence may be presented subsequently.However, the importer or exporter must be in possession of thelicence on the date considered to be that on which the import orexport declaration is accepted.
(17)In the interests of simplification, the rules may be made more
flexible so as to allow Member States to introduce a simplified
procedure for the administrative handling of licences, underwhich licences are kept by the issuing body or, where applicable,the paying agency in the case of export licences with advancefixing of the refund.
(18)In the interest of sound administration, licences or certificatesand extracts therefrom may not be amended after issue.
However, in cases of doubt relating to an error attributable to
the issuing body or to obvious inaccuracies and concerning theitems appearing on the licence, certificate or extract, a procedureshould be introduced whereby inaccurate licences, certificates orextracts may be withdrawn and corrected documents issued.
(19)Where a product is placed under one of the simplified arrange-ments provided for in Part II, Title II, Chapter 7, Section 3 of
Commission Regulation (EEC) No 2454/93 of 2 July 1993
laying down provisions for the implementation of Council Regu-lation (EEC) No 2913/92 establishing the Community CustomsCode (
1), as last amended by Regulation (EC) No 1662/1999 (2),
or in Title X, Chapter I of Appendix I to the Convention of
20 May 1987 on a common transit procedure, no formalities
need to be carried out at the customs office of the frontier stationin cases where transit begins inside the Community and is to endoutside it. In the interests of administrative simplicity, where oneof these procedures is applied special arrangements should beadopted for the release of the security.
(20)It can happen that, for reasons outside the control of the party
concerned, the document constituting proof of departure from
the Community's customs territory cannot be produced althoughthe product has left the said territory of, in the case of operationsas specified in Article 36 of Commission Regulation (EC)No 800/1999 (
3), reached its destination. Such a situation may
impede trade. In such circumstances other documents should be
recognised as being equivalent.
(21)The Community Regulations which introduced the licences andcertificates concerned provide that the security is to be forfeitin whole or in part if import or export is not carried out, oronly partly carried out, during the period of validity of thelicence or certificate. The action to be taken in such circum-
stances should be specified in detail, in particular for cases
where non-fulfilment of undertakings is due to force majeure .
In suchcases th e obligation to import or export may be consid-ered cancelled or the period of validity of the licence orcertificate may be extended. However, in order to preventpossible disruption of the market, that extension should in any2000R1291 — EN — 04.03.2004 — 004.001 — 4
(1) OJ L 253, 11.10.1993, p. 1.
(2) OJ L 197, 29.7.1999, p. 25.
(3) OJ L 102, 17.4.1999, p. 11.
▼B
case be limited to a maximum of six months calculated from the
end of the original period of validity.
(22)In order to simplify administrative procedures, the securityshould be returned in full when the total amount to be forfeit isvery small.
(23)The security lodged at the time of the issue of the licences orcertificates is to be released provided proof is supplied to thecompetent bodies that the goods concerned have left theCommunity's customs territory within 60 days from the date on
which the export declarations are accepted.
(24)It can happen that the security is released for various reasons
without the obligation to import or export actually having been
fulfilled. In such cases, the wrongly released security should be
relodged.
(25)In order to make full use of export possibilities for agricultural
products eligible for refunds, a mechanism should be introduced
to encourage operators to return quickly any licences and certifi-cates which they will not be using to the issuing body. Amechanism should also be introduced to encourage operator toreturn certificates to the issuing body promptly after their expirydate so that the unused quantities can be reused as quickly as
possible.
(26)Under Article 3(4) of Council Regulation (EEC, Euratom)
No 1182/71 of 3 June 1971 determining the rules applicable to
periods, dates and time limits (1), where the last day of a period
is a public holiday, Sunday or Saturday the period ends with theexpiry of the last hour of the following working day. In certaincases, that provision results in the period of use of licences orcertificates being extended. Sucha measure, wh ichis designed
to facilitate trade, must not have the effect of changing the
economic conditions of the import or export operation.
(27)In some sectors of the common organisation of the agriculturalmarkets there is provision for a period of reflection before export
licences are issued. The purpose of this period is to allow the
market situation to be assessed and, where appropriate, in parti-cular where there are difficulties, to allow pending applicationsto be suspended, which amounts to rejecting those applications.It should be specified that such suspension is also possible in the
case of licences applied for under Article 49 of this Regulation
and that once the period of reflection has elapsed the licenceapplication cannot again be suspended.
(28)Under Article 844(3) of Regulation (EEC) No 2454/93, productsexported under a licence or advance-fixing certificate mayqualify for treatment as returned goods only where the Commu-nity rules on licences and certificates have been complied with.Special rules should be laid down for applying the system oflicences and certificates for products likely to qualify under
these arrangements.
(29)Under Article 896 of Regulation (EEC) No 2454/93, goods
which are put into free circulation under an import licence or
advance-fixing certificate are eligible for the system of repay-
ment or remission of import duties only where it is establishedthat the necessary steps have been taken by the competent autho-rities to cancel the effects of putting those goods into freecirculation as regard the licence or certificate.
(30)Article 880 of Regulation (EEC) No 2454/93 lays down certaindetailed rules for applying Article 896 of that Regulation, inparticular that the authorities responsible for issuing licencesand certificates must provide confirmation.2000R1291 — EN — 04.03.2004 — 004.001 — 5
(1) OJ L 124, 8.6.1971, p. 1.
▼B
(31)This Regulation should lay down all the rules necessary for
implementing Article 896 of Regulation (EEC) No 2454/93. In
some cases it should be possible to comply with Regulation(EEC) No 2454/93 without recourse to the confirmation referredto in Article 880 thereof.
(32)Where an import licence covering an agricultural product is alsoused to administer a tariff quota to which preferential arrange-ments apply, suchpreferential arrangements are to apply to
importers by virtue of the licence or certificate which must, in
some cases, be accompanied by a document from a thirdcountry. To avoid any overrun in the quota, the preferentialarrangements must apply up to the quantity for which the licenceor certificate was issued. However, in order to facilitate imports,
the tolerance provided for in Article 8(4) should be permitted,
provided that it is specified at the same time that the part of thequantity exceeding that shown on the licence or certificate butwithin the tolerance does not qualify under the preferentialarrangements and full duty is payable thereon on import.
(33)The measures laid down in this Regulation are in accordance
with the opinions of all the management committees concerned,
HAS ADOPTED THIS REGULATION:
TITLE I
SCOPEOFTHEREGULATION
Article 1
Subject to certain exceptions laid down in Community rules specific to
certain products, this Regulation lays down common rules for imple-
menting the system of import and export licences and advance-fixing
certificates (hereinafter referred to as ‘licences’ and ‘certificates’)established by or provided for in:
— Article 2 of Council Regulation No 136/66/EEC (
1) (oils and fats),
— Article 8 of Council Regulation (EEC) No 234/68 (2) (live plants
and cut flowers),
— Article 4 of Council Regulation (EEC) No 2358/71 (3) (seeds),
— Article 8 of Council Regulation (EEC) No 2759/75 (4) (pigmeat),
— Article 3 of Council Regulation (EEC) No 2771/75 (5) (eggs),
— Article 3 of Council Regulation (EEC) No 2777/75 (6) (poultry-
meat),
— Article 2 of Council Regulation (EEC) No 2783/75(7) (ovalbumin
and lactalbumin),
— Article 9 of Regulation (EEC) No 1766/92 (cereals),
— Article 17 of Council Regulation (EEC) No 404/93 (8) (bananas),
— Article 9 of Council Regulation (EC) No 3072/95 (9) (rice),
— Article 31 of Council Regulation (EC) No 2200/96 (10) (fruit and
vegetables),
— Article 11 of Council Regulation (EC) No 2201/96 (11) (processed
fruit and vegetable products),2000R1291 — EN — 04.03.2004 — 004.001 — 6
(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ L 55, 2.3.1968, p. 1.
(3) OJ L 246, 5.11.1971, p. 1.
(4) OJ L 282, 1.11.1975, p. 1.
(5) OJ L 282, 1.11.1975, p. 49.
(6) OJ L 282, 1.11.1975, p. 77.
(7) OJ L 282, 1.11.1975, p. 104.
(8) OJ L 47, 25.2.1993, p. 1.
(9) OJ L 329, 30.12.1995, p. 18.
(10) OJ L 297, 21.11.1996, p. 1.
(11) OJ L 297, 21.11.1996, p. 29.▼M3
▼M3
— Article 29 of Council Regulation (EC) No 1254/1999 (1) (beef and
veal),
— Article 26 of Council Regulation (EC) No 1255/1999 (2) (milk and
milk products),
— Article 59 of Council Regulation (EC) No 1493/1999 (3) (wine),
— Article 6 of Commission Regulation (EC) No 1520/2000 (4) (agri-
cultural products exported in the form of goods not covered by
Annex I to the Treaty),
— Article 22 of Council Regulation (EC) No 1260/2001 (5) (sugar,
isoglucose and inulin syrup),
— Article 13 of Council Regulation (EC) No 2529/2001 (6) (sheepmeat
and goatmeat),
— Article 4 of Council Regulation (EC) No 670/2003 (7) (alcohol),
TITLE II
AREAOFAPPLICATIONOFLICENCESANDCERTIFICATES
Article 2
A licence or certificate shall not be required and may not be presented
in respect of products:
(a) which are not placed in free circulation within the Community, or
(b) in respect of which export is effected:
— under a customs procedure which allows import free of the rele-
vant customs duties or charges having equivalent effect, or
— under special arrangements which allow export free of export
duties, as referred to in Article 129 of Regulation (EEC)
No 2913/92.
Article 3
1. Where products which are subject to inward-processing arrange-
ments and which do not contain basic products as referred to inparagraph 2(a) are placed in free circulation, then, in so far as theproducts actually placed in free circulation are subject to an import
licence, sucha licence must be produced.
2. Where products which are subject to either of the arrangements
referred to in paragraph 1 and which contain both:
(a) one or more basic products which came within the terms of
Article 23(2) of the Treaty but no longer do so as a result of theirincorporation in the products put into free circulation, and
(b) one or more basic products which did not come within the terms of
Article 23(2) of the Treaty,
are placed in free circulation then, notwithstanding Article 8(1), for
eachbasic product referred to in (b) actually used and being a
product subject to an import licence, sucha licence sh all be
produced.
However, an import licence shall not be required where the product
actually placed in free circulation is not subject to sucha licence.
3. The import licence or licences produced when a product as
referred to in paragraph1 or 2 is placed in free circulation may notprovide for advance fixing.2000R1291 — EN — 04.03.2004 — 004.001 — 7
(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 160, 26.6.1999, p. 48.
(3) OJ L 179, 14.7.1999, p. 1.
(4) OJ L 177, 15.7.2000, p. 1.
(5) OJ L 178, 30.6.2001, p. 1.
(6) OJ L 341, 22.12.2001, p. 3.
(7) OJ L 97, 15.4.2003, p. 3.▼B
▼B
4. On exportation of a product subject to either of the arrangements
referred to in paragraph1 and containing one or more of th e basicproducts referred to in paragraph2(a), th en for eachsuchbasic product,
being a product subject to an export licence, suchlicence sh all be
produced.
However, subject to the third subparagraph concerning the advance
fixing of refunds, an export licence shall not be required when the
product actually exported is not subject to sucha licence.
On exportation of compound products qualifying for an export refund
fixed in advance on the basis of one or more of their components, the
customs status of each such component shall be the sole element to betaken into account when applying the system of licences and certifi-cates.
Article 4
1. In cases where the arrangement referred to in Article 4 of Council
Regulation (EEC) No 565/80 (
1) applies, the export licence or advance-
fixing certificate, as the case may be, to be produced shall be thatapplicable to the processed product to be exported.
2. In cases where the arrangement referred to in Article 5 of Regu-
lation (EEC) No 565/80 applies, the export licence or advance-fixingcertificate, as the case may be, to be produced shall be that applicableto the processed product placed under such arrangement.
3. Where the product to be exported is covered by Regulation (EC)
No 1222/94, the certificate provided for in that Regulation shall bepresented in the situations referred to in paragraphs 1 and 2 of thisArticle.
Article 5
1. A licence shall not be required and may not be produced for the
purposes of operations:
— as specified in Articles 36, 40, 44, 45 and 46(1) of Regulation (EC)
No 800/1999, or
— of a non-commercial nature, or
— referred to in Regulation (EEC) No 918/83, or
— relating to quantities not exceeding those set out in Annex III.
Notwithstanding the first subparagraph, a licence must be produced
when the import or export is being made under preferential arrange-ments which are granted by means of the licence.
Member States shall take precautions against abuse when applying this
paragraph, in particular when a single import or export operation iscovered by more than one import or export declaration which are mani-festly unwarranted for economic or other purposes.
2. For the purposes of paragraph 1, ‘operations of a non-commercial
nature’ means:
(a) imports by or consigned to private individuals, provided that such
operations satisfy the requirements of Section II(D)(2) of the preli-minary provisions of the Combined Nomenclature;
(b) exports by private individuals, provided that such operations
satisfy,mutatismutandis , the requirements referred to in (a).
3. Member States are authorised not to require an export licence or
licences for products and/or goods consigned by private individuals orgroups of private individuals witha view to th eir free distribution forhumanitarian aid purposes in third countries where all the following
conditions are met:
(a) no refund is applied for by the parties which wish to benefit from
this exemption;2000R1291 — EN — 04.03.2004 — 004.001 — 8
(1) OJ L 62, 7.3.1980, p. 5.
▼B
(b) suchconsignments are occasional in nature, comprise varied
products and/or goods and do not exceed a total of 30000 kg permeans of transport; and
(c) the competent authorities have sufficient proof as to the destination
and/or use of the products and/or goods and the proper execution of
the operation.
The following indication shall be inserted in Section 44 of the export
declaration: ‘No refund — Article 5(3) of Regulation (EC) No 1291/
2000’
Article 6
A licence or certificate shall not be required and may not be produced
when products are placed in free circulation under Title VI, Chapter 2of Regulation (EEC) No 2913/92 governing the treatment of returnedgoods.
Article 7
1. An export licence shall not be required and may not be produced
at the time of acceptance of the reexport declaration for products forwhich the exporter provides proof that a favourable decision for repay-
ment or remission of import duties has been given in respect of such
products under Title VII, Chapter 5 of Regulation (EEC) No 2913/92.
2. Where products are subject on export to presentation of an export
licence and the competent authorities accept the re-export declaration
before deciding on the application for repayment or remission ofimport duties, an export licence must be produced. Advance fixing ofthe export refund or levy shall not be permitted.
TITLE III
GENERALPROVISIONS
Section 1
Scopeoflicences, certificates andextracts
Article 8
1. The import or export licence shall constitute authorisation and
give rise to an obligation respectively to import or to export under the
licence, and, except in cases of force majeure , during its period of
validity, the specified quantity of the products or goods concerned.
The obligations referred to in this paragraph shall be primary require-
ments within the meaning of Article 20 of Commission Regulation(EEC) No 2220/85 (
1).
2. An export licence fixing the export refund in advance shall give
rise to an obligation to export the specified quantity of the relevant
product under the licence and, except in cases of forcemajeure , during
its period of validity.
Where exports of products are subject to presentation of an export
licence, the export licence with advance fixing of the refund shalldetermine the right to export and entitlement to the refund.
Where exports of products are not subject to presentation of an export
licence, the export licence with advance fixing of the refund shall
determine only the entitlement to the refund.
The obligations referred to in this paragraph shall be primary require-
ments within the meaning of Article 20 of Regulation (EEC) No 2220/
85.
3. In the cases specified in Article 49 of this Regulation and in cases
where such requirement is provided for in the specific Community2000R1291 — EN — 04.03.2004 — 004.001 — 9
(1) OJ L 205, 3.8.1985, p. 5.
▼B
rules for the relevant sector, the issue of a licence or certificate shall
give rise to an obligation to ►C1import from or ◄export to the
country or group of countries specified therein.
4. Where the quantity imported or exported is greater by not more
than 5 % than the quantity indicated in the licence or certificate, it
shall be considered to have been imported or exported under that
licence or certificate.
5. Where the quantity imported or exported is less by not more than
5 % than the quantity indicated in the licence or certificate, the obliga-tion to import or export shall be considered to have been fulfilled.
6. For the purposes of paragraphs 4 and 5, if the licence or certifi-
cate is issued on a headage basis the result of the 5 % calculationreferred to therein shall, where applicable, be rounded off to the nextgreater whole number of head.
7. Where, under Article 3(4) of Regulation (EEC) No 1182/71, a
licence or certificate fixing the export levy or export refund in advanceis used on the first working day following the last day of its normal
period of validity, the licence or certificate shall be considered to
have been used on the last day of its normal period of validity for thepurposes of the amounts fixed in advance.
Article 9
1. Obligations deriving from licences or certificates shall not be
transferable. Rights deriving from licences or certificates shall be trans-
ferable by their titular holder during the period of its validity. Such
transfer may be made in favour of a single transferee only for eachlicence or certificate or extract therefrom. It shall relate to quantitiesnot yet attributed to the licence or certificate or extract.
2. Transferees may not further transfer their rights but may transfer
them back to the titular holder. Transfers back to the titular holder shallrelate to quantities not yet attributed to the licence or certificate or
extract.
In such cases, one of the following entries shall be made by the issuing
body in section 6 of the licence or certificate:
— retrocesión al titular el …
— tilbageføring til indehaveren den …
— Rückübertragung auf den Lizenzinhaber am …
—εκ νέου παραχώρηση στο δικαιούχο στις …
— rights transferred back to the titular holder on [date]
— rétrocession au titulaire le …
— retrocessione al titolare in data …
— aan de titularis geretrocedeerd op …
— retrocessão ao titular em …— palautus todistuksenhaltijalle …
— återbördad till licensinnehavaren den …
3. In the event of a request for transfer by the titular holder or
transfer back to the titular holder by the transferee, the issuing bodyor the agency or agencies designated by each Member State shall enterthe following on the licence or certificate or where appropriate the
extract therefrom:
— the name and address of the transferee or the entry referred to in
paragraph2,
— the date of such entry certified by the stamp of the body or agency.
4. The transfer or transfer back to the titular holder shall take effect
from the date of the entry.2000R1291 — EN — 04.03.2004 — 004.001 — 10
▼B
Article 10
Extracts from licences or certificates shall have the same legal effects
as the licences or certificates from which they are extracted, within thelimits of the quantity in respect of which such extracts are issued.
Article 11
Licences or certificates and extracts issued and entries and endorse-
ments made by the authorities of a Member State shall have the same
legal effects in each of the other Member States as documents issuedand entries and endorsements made by the authorities of these MemberStates.
Article 12
1. When a licence fixing the refund in advance is used to export a
mixture, such mixture shall not be eligible on export for the rate so
fixed in advance where the tariff classification of the constituent onwhich the refund applicable to the mixture is calculated does not corre-spond to that of the mixture.
2. Where a licence or a certificate fixing the export refund in
advance is used to export goods put up in sets, the rate fixed inadvance shall apply only to the component which has the same tariffclassification as the set.
Section 2
Applicationforandissueoflicences andcertificates
Article 13
1. No application for a licence or certificate shall be accepted unless
it is forwarded to or lodged withth e competent body on forms printedand/or made out in accordance withArticle 18.
However, competent bodies may accept written telecommunications
and electronic messages as valid applications, provided they includeall the information which would have appeared on the form, had itbeen used. Member States may require that a written telecommunica-
tion and/or electronic message be followed by an application on a
form printed or made out in accordance withArticle 18, forwarded ordelivered direct to the competent body; in such cases the date on whichthe written telecommunication or electronic message reached thecompetent body shall be taken as the day the application is lodged.This requirement shall not affect the validity of applications forwarded
by written telecommunication or electronic message.
Where applications for licences or certificates are submitted electroni-
cally, the competent authorities of the Member State shall determine
how the handwritten signature is to be replaced by another method,
which might be based on the use of codes.
2. Applications for licences and certificates may be cancelled only
by letter, written telecommunication or electronic message received bythe competent body, except in cases of forcemajeure , by 1 p.m. on the
day the application is lodged.
Article 14
Section 16 of applications for licences withadvance fixing of th e
refund and of licences themselves shall show the 12-digit code of the
product taken from the nomenclature of agricultural products for use
withexport refunds.
However, where the rate of refund is the same or several codes in the
same category, to be determined in accordance withth e procedure laiddown in Article 38 of Regulation No 136/66/EEC and the corre-sponding Articles of the other Regulations governing marketorganisations, these codes may be entered together on licence applica-tions and on the licences themselves.2000R1291 — EN — 04.03.2004 — 004.001 — 11
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Where rates of refund are differentiated according to destination, the
country or area of destination, as the case may be, must be indicatedin Section 7 both on applications and on the licences themselves.
Without prejudice to the first paragraph, where a product group as
referred to in the second indent of the first subparagraph ofArticle 4(2) of Regulation (EC) No 800/1999 is defined, the productcodes belonging to the group may be entered in Section 22 of licence
applications and licences, preceded by the statement: ‘product group
referred to in Article 4(2) of Regulation (EC) No 800/1999’.
Article 15
1. Applications containing conditions not provided for in Commu-
nity rules shall be refused.
2. No application for a licence or certificate shall be accepted unless
an adequate security has been lodged with the competent body not laterthan 1 p.m. on the day the application is lodged.
The day the application is lodged within the meaning of the first
subparagraph shall determine the operative event for the euro exchangerate for the amount of the security.
3. Where the security on a licence or certificate comes to
►
M3EUR 100 ◄or less, or where the licence or certificate is drawn
up in the name of an intervention agency, no security shall be required.
4. Where Member States avail themselves of the options referred to
in Article 5 of Regulation (EEC) No 2220/85, the amount of the
security shall be claimed on expiry of the time limit of two monthsfollowing the date on which the validity of the licence expires.
5. No security shall be required in the case of export licences issued
in respect of exports to third countries in connection with non-Commu-
nity food-aid operations conducted by humanitarian agencies approvedfor that purpose by the exporting Member State. The Member Stateshall inform the Commission immediately of such approved humani-tarian agencies.
6. Where paragraphs 3 to 5 are applied, the last subparagraph of
Article 5(1) shall apply mutatismutandis .
Article 16
Applications for licences and licences withadvance fixing of th e
refund which are drawn up in connection with a food-aid operation
within the meaning of Article 10(4) of the Agreement on Agriculture
concluded as part of the Uruguay Round of multilateral trade negotia-tions shall contain in section 20 at least one of the following wordings:
— Certificado GATT — Ayuda alimentaria
— GATT-licens — fødevarehjælp— GATT-Lizenz, Nahrungsmittelhilfe—Πιστοποιητικό GATT —επισιτιστική βοήθεια
— Licence under GATT — food aid
— Certificat GATT — aide alimentaire
— Titolo GATT — Aiuto alimentare— GATT-certificaat — Voedselhulp— Certificado GATT — ajuda alimentar— GATT-todistus — elintarvikeapu
— GATT-licens — livsmedelsbistånd.
The country of destination shall be indicated in Section 7. This licence
shall be valid only for exports in the context of such food-aid opera-tions.2000R1291 — EN — 04.03.2004 — 004.001 — 12
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Article 17
1. The day an application for a licence or certificate is lodged means
the day on which it is received by the competent body, provided it is
received not later than 1 p.m., regardless of whether the application is
delivered direct to the competent body or forwarded to it by letter orwritten telecommunication or electronic message.
2. An application for a licence or certificate received by the compe-
tent authority either on a Saturday, a Sunday or a holiday or after 1 p.m.
on a working day shall be deemed to have been lodged on the first
working day following the day on which it was in fact received.
3. Where a period of a specified number of days is laid down for the
lodging of applications for licences or certificates and where the lastday of the period falls on a Saturday, a Sunday or a holiday, the periodin question shall end on the first following working day at 1 p.m.
However, such extensions shall not be taken into account for the
purpose of calculating the amounts fixed in the licence or certificateor for determining its period of validity.
4. The time limits specified in this Regulation are in Belgian local
time.
Article 18
1. Without prejudice to the second subparagraph of Article 13(1)
and Article 19(1), applications for licences or certificates, licences andcertificates and extracts therefrom shall be drawn up on formsconforming to the specimens set out in Annex I. Such forms must becompleted following the instructions given therein and in accordancewith the specific Community provisions applicable to the relevant
product sector.
2. Licence and certificate forms shall be made up in sets containing
copy No 1, copy No 2 and the application, together with any extracopies of the licence or certificate, in that order.
However, Member States may require applicants to complete an appli-
cation form only, instead of the sets provided for in the preceding
subparagraph.
Where, as a result of a Community measure, the quantity for which the
licence or certificate is issued may be less than the quantity in respectof which application for a licence or certificate was initially made, thequantity applied for and the amount of the security relating thereto
must be entered only on the application form.
Forms for extracts of licences or certificates shall be made up in sets
containing copy No 1 and copy No 2, in that order.
3. Forms, including extension pages, shall be printed to white paper
free of mechanical pulp, dressed for writing and weighing at least40 grams per square metre. Their size shall be 210 × 297 mm, the
permitted lengthranging from 5 mm below th e latter figure to 8 mm
above; the type space between lines shall be 4,24 mm (one sixth of aninch); the layout of forms shall be followed precisely. Both sides ofcopy No 1 and the side of the extension pages on which the attributionsmust appear shall in addition have a printed guilloche pattern back-ground so as to reveal any falsification by mechanical or chemical
means. The guilloche background shall be green for forms relating to
imports and sepia brown for forms relating to exports.
4. Member States shall be responsible for having the forms printed.
The forms may also be printed by printers appointed by the MemberState in which they are established. In the latter case, reference tot he
approval by the Member State must appear on each form. Each form
shall bear an indication of the printer's name and address or a markenabling the printer to be identified and, except for the applicationform and extension pages, an individual serial number. The numbershall be preceded by the following letters according to the MemberState issuing the document: ‘AT’ for Austria ‘BE’ for Belgium, ‘DE’2000R1291 — EN — 04.03.2004 — 004.001 — 13
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for Germany, ‘DK’ for Denmark ‘EL’ for Greece, ‘ES’ for Spain, ‘FI’
for Finland, ‘EI’ for Ireland, ‘IT’ for Italy, ‘LU’ for Luxembourg, ‘NL’for the Netherlands, ‘PT’ for Portugal, ‘SE’ for Sweden and ‘UK’ for
the United Kingdom.
At the time of their issue licences or certificates and extracts may bear
an issue number allocated by the issuing body.
5. Application, licences and certificates and extracts shall be
completed in typescript or by computerised means. They shall be
printed and completed in one of the official languages of the Commu-nity, as specified by the competent authorities of the issuing MemberState. However, Member States may allow applications only to behand-written in ink and in block capitals.
6. The stamps of issuing bodies and attributing authorities shall be
applied by means of a metal stamp, preferably made of steel. However,an embossing press combined withletters or figures obtained by meansof perforation may be substituted for the issuing body's stamp.
7. The competent authorities of the Member States concerned may,
where necessary, require licences or certificates and extracts therefrom
to be translated into the official language or one of the official
languages of that Member State.
Article 19
1. Without prejudice to Article 18, licences and certificates may be
issued and used using computerised systems in accordance with
detailed rules laid down by the competent authorities. They are known
hereinafter as ‘electronic licences and certificates’.
The content of electronic licences and certificates must be identical to
that of licences and certificates on paper.
2. Where titular holders or transferees of licences or certificates
need to use the electronic form thereof in a Member State which is
not linked to the computerised issuing system, they shall request anextract therefrom.
Such extracts shall be issued without delay and at no additional cost on
a form as provided for in Article 18.
In Member States linked to the computerised issuing system, such
extracts shall be used in the form of the paper extract.
Article 20
1. Where the amounts resulting from the conversion of euro into
sums in national currency to be entered on licences or certificatescontain three or more decimal places, only the first two shall be given.
In such cases, where the third place is five or more the second place
shall be rounded up to the next unit, and where the third place is lessthan five the second place shall remain the same.
2. However, where amounts expressed in euro are converted into
pounds sterling, the reference to the first two decimal places in
paragraph 1 shall be read as a reference to the first four decimal places.
In such cases, where the fifth place is five or more the fourth decimalplace shall be rounded up to the next unit and where the fifth place isless than five the fourth place shall remain the same.
Article 21
1. Without prejudice to Article 19 relating to electronic licences and
certificates, licences and certificates shall be drawn up in at least twocopies, the first of which, called ‘holder's copy’ and marked ‘No 1’,shall be supplied without delay to the applicant and the second, called‘issuing body's copy’ and marked ‘No 2’, shall be retained by theissuing body.2000R1291 — EN — 04.03.2004 — 004.001 — 14
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2. Where a licence or certificate is issued for a quantity less than
that for which the application was made, the issuing body shall indi-cate:
— in Section 17 and 18, the quantity for which the licence or certifi-
cate is issued,
— in Section 11, the amount of the corresponding security.
The security lodged in respect of the quantity for which a licence or
certificate has not been issued shall be released forthwith.
Article 22
1. On application by the titular holder of the licence or certificate or
by the transferee, and on presentation of copy No 1 of the document,one or more extracts therefrom may be issued by the issuing body orthe agency or agencies designated by each Member State.
Extracts shall be drawn up in at least two copies, the first of which,
called ‘holder's copy’ and marked ‘No 1’, shall be supplied or
addressed to the applicant and the second, called ‘issuing body's copy’and marked ‘No 2’, shall be retained by the issuing body.
The body issuing the extract shall, on copy No 1 of the licence or certi-
ficate, enter the quantity for which the extract has been issued,
increased by the relevant tolerance. The word ‘extract’ shall be entered
beside the quantity entered on copy No 1 of the licence or certificate.
2. No further extract may be made of an extract of a licence or certi-
ficate.
3. Copy No 1 of an extract which has been used or which is out of
date shall be returned by the titular holder to the body which issued thelicence or certificate, together with copy No 1 of the licence or certifi-cate from which it derives, so that the body may adjust the entries oncopy No 1 of the licence or certificate in the light of those appearing
on copy No 1 of the extract.
Article 23
1. For the purpose of determining their period of validity, licences
and certificates shall be considered to have been issued on the day onwhich the application for them was lodged, that day being included in
the calculation of such period of validity. However, licences and certi-
ficates may not be used until their actual issue.
2. It may be specified that a licence or certificate is to become valid
on its actual day of issue, in which case that day shall be included inthe calculation of its period of validity.
Section 3
Useoflicences andcertificates
Article 24
1. Copy No 1 of the licence of certificate shall be submitted to the
customs office which accepted:
(a) in the case of an import licence, the declaration of release for free
circulation;
(b) in the case of an export licence or certificate of advance fixing of
the refund, the declaration relating to:
— export, or
— the placing of products under one of the arrangements provided
for in Articles 4 and 5 of Regulation (EEC) No 565/80.
Without prejudice to Article 2(1)(i) of Regulation (EC) No 800/1999,
the customs declaration must be made by the titular holder or, whereapplicable, the transferee of the licence or certificate, or their represen-2000R1291 — EN — 04.03.2004 — 004.001 — 15
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tative within the meaning of Article 5(2) of Regulation (EEC) No 2913/
92.
2. Copy No 1 of the licence or certificate shall be presented, or held
at the disposal of the customs authorities, at the time of acceptance ofthe declaration referred to in paragraph 1.
3. After the office referred to in paragraph 1 has made the attribu-
tion and endorsed copy No 1 of the licence or certificate, it shall be
returned to the party concerned. However, Member States may requireor allow the party concerned to make the entry on the licence or certi-ficate; in all such cases the entry shall be examined and endorsed bythe competent office.
4. Where the quantity imported or exported does not correspond to
the quantity entered on the licence or certificate, the entry on thelicence or certificate shall be corrected to show the quantity actuallyimported or exported, within the limits of the quantity in respect ofwhich the licence or certificate has been issued.
Article 25
1. Notwithstanding Article 24, a Member State may allow the
licence or certificate to be submitted to the issuing body or, whereapplicable, to the authority responsible for payment of the refund.
2. The Member State concerned shall determine the cases in which
paragraph 1 shall apply and the conditions to be met by the partyconcerned in order to benefit from the procedure laid down in thatparagraph. Moreover, the provisions adopted by that Member Statemust ensure equal treatment for all certificates issued within the
Community.
3. The Member State shall decide which authority is to make the
entry on and endorse the certificate.
However, the attribution and stamping of the certificate shall also be
deemed to have been carried out where a document detailing theexported quantities has been generated by computer. This documentmust be attached to the certificate ►
C1and filed withit, ◄except
where there is a computerised checking system.
The date of the entry shall be considered as the date of acceptance of
the declaration referred to in Article 24(1).
4. At the time of acceptance of the customs declaration, the party
concerned must indicate on the declaration document that this Article
applies and quote the reference number of licence or certificate to be
used.
5. In the case of a licence or certificate authorising import or export,
the goods may be released only if the competent authority has
informed the customs office referred to in Article 24(1) that the licence
or certificate indicated on the customs document is valid for theproduct concerned and has been attributed.
6. Where the products exported are not subject to the production of
an export licence but the export refund has been fixed by means of an
export licence fixing in advance the export refund, if, as the result of
an error, the document used during export to prove eligibility for arefund makes no mention of this Article and/or the number of thelicence or certificate, or if the information is incorrect, the operationmay be regularised provided the following conditions are met:
(a) an export licence with advance fixing of the refund for the product
concerned, valid on the day the of acceptance of the declaration, isin the possession of the authority responsible for payment of therefund;
(b) sufficient proof is held at the disposal of the competent authorities
to enable them to establish a link between the quantity exportedand the licence or certificate covering the export.2000R1291 — EN — 04.03.2004 — 004.001 — 16
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Article 26
1. Entries made on licences, certificates or extracts may not be
altered after their issue.
2. Where the accuracy of entries on the licence, certificate or extract
is in doubt, such licence, certificate or extract shall, on the initiative ofthe party concerned or of the competent authorities of the MemberState concerned, be returned to the issuing body.
If the issuing body considers a correction to be required, it shall with-
draw the extract or the licence or certificate as well as any extracts
previously issued and shall issue without delay either a corrected
extract or a corrected licence or certificate and the corrected extractscorresponding thereto. On such further documents, which shall includethe entry ‘licence (or certificate) corrected on …’ or ‘extract correctedon …’, any former entries shall be reproduced on each copy.
Where the issuing body does not consider it necessary to correct the
licence, certificate or extract, it shall enter thereon the endorsement
‘verified on … in accordance withArticle 26 of Regulation (EC)No 1291/2000’ and apply its stamp.
Article 27
1. At the request of the issuing body, the titular holder must return
to it the licence or certificate and the extracts therefrom.
2. Where a disputed document is returned or held in accordance
with this Article or Article 26, the competent national authorities shall
on request give the party concerned a receipt.
Article 28
Where the space reserved for entries on licences, certificates or extracts
therefrom is insufficient, the authorities making the entries may attachthereto one or more extension pages containing spaces for entries asshown on the back of copy No 1 of the said licences, certificates or
extracts. These authorities shall so place their stamp that one half is
on the licence, certificate or extract therefrom and the other on theextension page, and for each further extension page issued a furtherstamp shall be placed in like manner across such page and thepreceding page.
Article 29
1. Where there is doubt concerning the authenticity of a licence,
certificate or extract, or entries or endorsements thereon, the competent
national authorities shall return the questionable document, or a photo-copy thereof, to the authorities concerned for checking.
Documents may also be returned by way of random check; in such case
only a photocopy of the document shall be returned.
2. Where a questionable document is returned in accordance with
paragraph 1, the competent national authorities shall on request give a
receipt to the party concerned.
Article 30
1. Where necessary for the proper application of this Regulation, the
competent authorities of the Member States shall exchange informationon licences, certificates and extracts therefrom and on irregularities andinfringements concerning them.
2. Member States shall inform the Commission as soon as they have
knowledge of irregularities and infringements in regard to this Regula-tion.
3. Member States shall communicate to the Commission the names
and addresses of the bodies which issue licences or certificates andextracts therefrom, collect export levies and pay export refunds. The2000R1291 — EN — 04.03.2004 — 004.001 — 17
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Commission shall publish this information in the ►C1Official
Journalofthe EuropeanCommunities .◄
4. Member States shall also forward to the Commission impressions
of the official stamps and, where appropriate, of the embossing pressesused by authorities empowered to act. The Commission shall immedi-ately inform the other Member States thereof.
Section 4
Releaseofsecurities
Article 31
As regards the period of validity of licences and certificates:
(a) the obligation to import shall be considered to have been fulfilled
and the right to import under the licence or certificate shall beconsidered to have been exercised on the day the declarationreferred to in Article 24(1)(a) is accepted, subject always to theproduct concerned being actually put into free circulation;
(b) the obligation to export shall be considered to have been fulfilled
and the right to export under the licence or certificate shall beconsidered to have been exercised on the day when the declarationreferred to in Article 24(1)(b) is accepted.
Article 32
1. Fulfilment of a primary requirement shall be demonstrated by
production of proof:
(a) for imports, of acceptance of the declaration referred to in
Article 24(1)(a) relating to the product concerned;
(b) for exports, of acceptance of the declaration referred to in
Article 24(1)(b) relating to the product concerned; furthermore:
(i) in the case of either export or supplies treated as exports within
the meaning of Article 36 of Regulation (EC) No 800/1999,
proof shall be required that the product has, within 60 days
from the day of acceptance of the export, declaration, unlessprevented by force majeure , either, in the case of supplies
treated as exports, reached its destination or, in other cases,left the Community's customs territory. For the purposes of
this Regulation, deliveries of any products intended solely for
consumption on board drilling or extraction platforms,including workpoints providing support services for suchoperations, situated within the area of the European continentalshelf, or within the area of the continental shelf of the non-European part of the Community, by beyond a three-mile
zone starting form the baseline used to determine the width of
a Member State's territorial sea, shall be deemed to have leftthe customs territory of the Community;
(ii) in cases where products have been placed under the victualling
warehouse procedure provided for in Article 40 of Regulation(EC) No 800/1999, evidence shall be required that the product
has, within 30 day of acceptance of the declaration of its place-
ment under that procedure and unless prevented forcemajeure ,
been placed in a victualling warehouse.
However, when the 60-day deadline referred to in point (b)(i) of the
first subparagraphor th e 30-day deadline referred to in point (b)(ii) of
the first subparagraph is passed, the security shall be released in accor-dance withArticle 23(2) of Regulation (EEC) No 2220/85.
The security shall not be forfeited under the second subparagraph in the
case of quantities for which the refund is reduced in accordance withArticle 50(1) of Regulation (EC) No 800/1999 for failure to meet thedeadlines referred to in Article 7(1) and Article 40(1) of that Regula-tion.2000R1291 — EN — 04.03.2004 — 004.001 — 18
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2. Where products are placed under one of the arrangements
provided for in Articles 4 and 5 of Regulation (EEC) No 565/80, theprimary requirement shall be deemed to be fulfilled by the production
of proof that the payment declaration required for so placing the
products has been accepted; however, the security thereby releasedshall be renewed in accordance with Article 47 of this Regulationwhere that Article so requires.
Article 33
1. The proof required under Article 32 shall be furnished as follows:
(a) in the cases referred to in Article 32(1)(a), by production of copy
No 1 of the licence or certificate and, where applicable, of copyNo 1 of the extract or extracts from the licence or certificate,endorsed as provided for in Article 24 or Article 25;
(b) in the cases referred to in Article 32(1)(b) and (2), and subject to
paragraph2, by production of copy No 1 of th e licence or certifi-cate and, where applicable, of copy No 1 of the extract or extractsof the licence or certificate, endorsed as provided for in Article 24
or Article 25.
2. Furthermore, in the case of export from the Community or of
supplies to a destination within the meaning of Article 36 of Regula-tion (EC) No 800/1999 or the placing of products under thearrangements provided for in Article 40 of that Regulation, additionalproof shall be required.
Suchadditional proof:
(a) where the following operations take place within the Member State
in question, such additional proof shall be left to the choice of the
Member State in which:
(i) the licence or certificate is issued;
(ii) the declaration referred to in Article 24(1)(b) is accepted, and
(iii) the product:
— left the Community's customs territory. For the purposes of
this Regulation deliveries of any products intended solelyfor consumption on board drilling or extraction platforms,including workpoints providing support services for suchoperations, situated within the area of the European conti-
nental shelf, or within the area of the continental shelf of
the non-European part of the Community, but beyond athree-mile zone starting from the baseline used to deter-mine the width of a Member State's territorial sea, shallbe deemed to have left the Community's customs territory,
— is delivered to one of the destinations listed in Article 36
of Regulation (EC) No 800/1999, or
— is placed in a victualling warehouse under Article 40 of
Regulation (EC) No 800/1999,
(b) in all other cases, the additional proof shall be furnished by:
— production of the control copy T 5 or copies referred to in
Article 472 of Commission Regulation (EEC) No 2454/93 or acertified copy or photocopy of such control copy T 5 or copies,or
— an attestation given by the agency responsible for paying the
refund that the conditions of Article 32(1)(b) have beenfulfilled, or
— equivalent proof as provided for in paragraph4.
Where the sole purpose of the T 5 control copy is the release of the
security, the T 5 control copy shall contain in section 106 one ofthe following entries:
— Se utilizará par liberar la garantía
— Til brug ved frigivelse af sikkerhed— Zu verwenden für die Freistellung der Sicherheit
—προς χρησιµοποίηση για την αποδέσµευση της ασφάλειας2000R1291 — EN — 04.03.2004 — 004.001 — 19
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— To be used to release the security
— À utiliser pour la libération de la garantie
— Da utilizzare per lo svincolo della cauzione
— Te gebruiken voor vrijgave van de zekerheid
— A utilizar para liberar a garantia
— Käytettäväksi vakuuden vapauttamiseen— Att användas för frisläppande av säkerhet
However, if an extract of a licence or certificate, a replacement
licence or certificate or a replacement extract is used, the above-mentioned entry shall also state the number of the original licenceor certificate and the name and address of the issuing body.
The documents referred to in the first and second indents of
paragraph 2(b) shall be sent to the issuing body through officialchannels.
3. Where, after acceptance of the export declaration as referred to in
the first indent of Article 24(1)(b), a product is placed under one of thesimplified arrangements provided for in Part II, Title II, Chapter 7,Section 3, of Regulation (EC) No 2454/93 or in Title X, Chapter I, of
Appendix I to the Convention of 20 May 1987 on a common transit
procedure for carriage to a station-of-destination or delivery to aconsignee outside the Community's customs territory, the T 5 controlcopy required under paragraph 2(b) shall be sent through official chan-nels to the issuing body. One of the following forms of wording shallbe entered in section ‘J’ of the T 5 control copy under the heading
‘Remarks’:
— Salida del territorio aduanero de la Comunidad bajo el régimen de
tránsito comunitario simplificado por ferrocarril o en contenedoresgrandes
— Udgang fra Fællesskabets toldområde i henhold til ordningen for
den forenklede procedure for fællesskabsforsendelse med jernbaneeller store containere
— Ausgang aus dem Zollgebiet der Gemeinschaft im Rahmen des
vereinfachten gemeinschaftlichen Versandverfahrens mit der Eisen-bahn oder in Großbehältern
—Έξοδος από το τελωνειακό έδαφος της κοινότητας υπό το
απλοποιηµένο καθεστώς της κοινοτικής διαµετακόµισης µεσιδηρόδροµο ή µεγάλα εµπορευµατοκιβώτια
— Exit from the customs territory of the Community under the simpli-
fied Community transit procedure for carriage by rail or largecontainers
— Sortie du territoire douanier de la Communauté sous le régime du
transit communautaire simplifié par chemin de fer ou par grandsconteneurs
— Uscita dal territorio doganale della Comunità in regime di transito
comunitario semplificato per ferrovia o grandi contenitori
— Vertrek uit het douanegebied van de Gemeenschap onder de
regeling vereenvoudigd communautair douanevervoer per spoor of
in grote containers
— Saída do território aduaneiro da Comunidade ao abrigo do regime
do trânsito comunitário simplificado por caminho-de-ferro ou em
grandes contentores
— Vienti yhteisön tullialueelta yhteisön yksinkertaistetussa passitusme-
nettelyssä rautateitse tai suurissa konteissa
— Utförsel från gemenskapens tullområde enligt det förenklade transi-
teringsförfarandet för järnvägstransporter eller transporter i storacontainrar
In the case referred to in the preceding subparagraph, the office of
departure may permit the contract of carriage to be amended so thatcarriage ends within the Community only if it is established:
— that, where the security has already been released, such security has
been renewed,
or2000R1291 — EN — 04.03.2004 — 004.001 — 20
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— that the necessary steps have been taken by the authorities
concerned to ensure that the security is not released.
Where the security has been released without the product having been
exported, Member States shall take appropriate action.
4. Where the T 5 control copy referred to in paragraph 2(b) cannot
be produced within three months following its issue owing to circum-stances beyond the control of the party concerned, the latter may apply
to the competent body for other documents to be accepted as equiva-
lent, stating the grounds for such application and furnishingsupporting documents.
The supporting documents to be submitted with the application shall be
those specified in the second subparagraph of Article 49(3) of Regula-tion (EC) No 800/1999.
Article 34
For the purposes of Article 37 of Regulation (EC) No 800/1999, the
last day of the month shall be taken to be the day of acceptance ofthe declaration referred to in the second indent of Article 24(1)(b).
Article 35
1. On application by the titular holder, Member States may release
the security by instalments in proportion to the quantities of products
for which proof as referred to in Article 32 has been produced,provided that proof has been produced that a quantity equal to at least5 % of that indicated in the licence or certificate has been imported orexported.
2. Subject to application of Articles 40, 41 or 49, where the obliga-
tion to import or export has not been met the security shall be forfeit inan amount equal to the difference between:
(a) 95 % of the quantity indicated in the licence or certificate, and
(b) the quantity actually imported or exported.
If the licence is issued on a headage basis, the result of the 95 % calcu-
lation referred to above shall, where applicable, be rounded off to thenext lesser whole number of head.
However, if the quantity imported or exported amounts to less than 5 %
of the quantity indicated in the licence or certificate, the whole of thesecurity shall be forfeit.
Furthermore, if the total amount of the security which would be forfeit
comes to ►
M3EUR 100 ◄or less for a given licence or certificate,
the Member State concerned shall release the whole of the security.
Where all or part of the security has been incorrectly released, it shall
be lodged anew in proportion to the quantities concerned with the bodythat issued the licence or certificate.
However, an instruction for the released security to be lodged anew
may only be given within four years following its release, provided
the operator acted in good faith.
3. Withregard to export licences withadvance fixing of th e refund:
— where the licence or an extract from the licence is returned to the
issuing body within the initial two thirds of its term of validity, thecorresponding amount of security to be forfeited shall be reducedby 40 %. For this purpose, any part of a day counts as a whole day,
— where the licence or an extract from the licence is returned to the
issuing body within a period corresponding to the last third of its
term of validity or during the month following the expiry date, the
corresponding amount of security to be forfeited shall be reducedby 25 %.
The above subparagraph shall apply only to licences and extracts
thereof returned to the issuing body during the GATT year for which2000R1291 — EN — 04.03.2004 — 004.001 — 21
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the licences have been issued and provided that they are returned more
than 30 days before the end of that year.
The first subparagraph shall apply unless it is temporarily suspended.
Where the refund for one or more products is increased, the Commis-sion, acting in accordance withth e procedure laid down in Article 38of Regulation No 136/66/EEC or the corresponding Articles of the
other Regulations on the common organisation of the markets, they
may suspend application of the first subparagraph for licences appliedfor before the refund is increased and not returned to the issuing bodyuntil the day before the increase.
Licences lodged under Article 25 shall be deemed to have been
returned to the issuing body on the date on which the latter receivesan application from the licence holder for the security to be released.
4. (a) — The proof referred to in Article 33(1)(a) and (b) must be
produced within two months of the expiry of the licence orcertificate, unless this is impossible for reasons of force
majeure,
— proof of departure from the customs territory or of delivery
to a destination within the meaning of Article 36 of Regula-tion (EC) No 800/1999 or of the placing of products underthe arrangements provided for in Article 40 of that Regula-tion, as referred to in Article 33(2), must be producedwithin 12 months of the expiry of the licence or certificate,
unless this is impossible for reasons of forcemajeure .
(b) The amount to be forfeited in respect of quantities for which
proof concerning the export licence with advance fixing of therefund has not been provided within the time limit set underthe first indent of subparagraph (a) shall be reduced:
— by 90 % if the proof is provided in the third month following
the date of expiry of the licence or certificate,
— by 50 % if the proof is provided in the fourth month
following the date of expiry of the licence or certificate,
— by 30 % if the proof is provided in the fifth month following
the date of expiry of the licence or certificate,
— by 20 % if the proof is provided in the sixth month
following the date of expiry of the licence or certificate.
(c) In cases other than in point (b), the amount to be forfeited in
respect of quantities for which proof is not provided within the
time limit set in subparagraph (a) and at the latest in the 24th
month following the date of expiry of the licence or certificateshall be 15 % of the amount which would have been forfeitedcompletely if the products had not been imported or exported;where, for a given product, there are licences or certificates
withdifferent levels of security, th e lowest rate applicable to
imports or exports shall be used to calculate the amount to beforfeited.
(d) The competent authorities may waive the obligation to provide
the proof referred to in the first and second indents of point (a)if they are already in possession of the necessary information.
5. Where a Community provision specifies, by reference to this
paragraph, that an obligation is fulfilled by producing proof that theproduct has reached a specified destination, that proof must beproduced in accordance withArticle 16 of Regulation (EC) No 800/
1999, failing which the security lodged for the licence or certificate
shall be forfeited in proportion to the quantity concerned.
That proof shall also be produced within 12 months of the expiry of the
licence or certificate. However, where the documents required underArticle 16 of Regulation (EC) No 800/1999 cannot be submitted withinthe prescribed period although the exporter has acted with all due dili-gence to obtain them within that period, he may be granted anextension of time for the submission of those documents.2000R1291 — EN — 04.03.2004 — 004.001 — 22
▼M2
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6. In the case of import licences for which a Community provision
makes this paragraph applicable, paragraph 4 notwithstanding, theproof of utilisation of the licence as referred to in Article 33(1)(a)
must be produced within 45 days of expiry of the licence, unless this
is impossible for reasons of forcemajeure .
Where the proof of utilisation of licences as specified in Article 33(1)(a)
is provided after the prescribed time limit:
(a) where the licence has been used, taking account of the lower toler-
ance, within the term of validity, 15 % of the total amount of thesecurity as indicated in the licence shall be forfeit by way of a flat-rate deduction;
(b) where the licence has been partly used within the term of validity,
the security shall be forfeit in an amount equal to:
— the difference between 95 % of the quantity indicated in the
licence and the quantity actually imported, plus
— 15 % of the security remaining after the flat-rate deduction
made under the first indent, plus
— 3 % of the amount of the security remaining after the deduction
made under the first two indents, for each day by which thetime limit for provision of proof is exceeded.
Section 5
Lossoflicences andcertificates
Article 36
1. This Article shall apply where an export refund greater than zero
has been fixed in advance and the relevant licence or certificate or
extract therefrom is lost.
2. The body issuing the licence or certificate shall issue at the
request of the holder, or of the transferee in cases where the licence,certificate or extract has been transferred, a replacement licence orcertificate or a replacement extract, subject to the second subparagraph.
The competent authorities in the Member States may refuse to issue a
replacement licence or certificate or a replacement extract if:
— the character of the applicant is not such as to guarantee that the
aims of this Article will be respected; in each Member State thispower shall be exercised in accordance with the principles currentlyapplicable in that State governing non-discrimination betweenapplicants and the freedom of trade and industry,
— the applicant has failed to show that he has taken reasonable
precautions to prevent the loss of the licence, certificate or extract.
3. A refund determined in the context of a tendering procedure shall
be considered a refund fixed in advance.
4. A replacement licence, certificate or extract shall contain the
information and entries appearing on the document which it replaces.
It shall be issued for a quantity of goods which, with the addition of
the tolerance margin, is equal to the available quantity as shown onthe lost document. Applicants shall specify that quantity in writing.Where information held by the issuing body shows that the quantityindicated by the applicant is too high, it shall be reduced accordingly
without prejudice to the second subparagraph of paragraph 2.
One of the following endorsements, underlined in red, shall be entered
in Section 22 of the replacement licence or certificate or replacementextract:
— Certificado (o extracto) de sustitición de un certificado (o extracto)
perdido. Número del certificado inicial …
— Erstaningslicens/-attest (eller erstatningspartiallicens) for bortkomen
licens/attest (eller partiallicens). Oprindeling licens/attest (ellerpartiallicens) nr. …2000R1291 — EN — 04.03.2004 — 004.001 — 23
▼B
— Ersatzlizenz (oder Teillizenz) einer verlorenen Lizenz (oder Teilli-
zenz). Nummer der ursprünglichen Lizenz …
—Πιστοποιητικό (ή απόσπασµα) αντικαστάσεως του
απολεσθέντος πστοποιητικού (ή αποσπασµατος πιστοποιη-τικού) απιθ …
— Replacement licence (certificate or extract) of a lost licence (certifi-
cate or extract). Number of original licence (certificate) …
— Certificat (ou extrait) de remplacement d'un certificat (ou extrait de)
perdu. Numéro du certificat initial …
— Titolo (o estratto) sostitutivo du un titolo (o estratto) smarrito.
Numero del titolo originale …
— Certificaat (of uittreksel) ter vervanging van een verloren gegaan
certificaat (of uittreksel). Nummer van het oorspronkelijke certifi-
caat …
— Certificado (ou extracto) de substituição de um certificado (ou
extracto) perdido. Número do certificado inicial …
— Kadonneen todistuksen (tai otteen) korvaava todistus (tai ote).
Alkuperäisen todistuksen numero …
— Ersättningslicens (licens eller dellicens) för förlorad licens (licens
eller dellicens). Nummer på ursprungslicensen …
Where the replacement licence or certificate or replacement extract is
lost, no further replacement licence or certificate or extract shall beissued.
5. The issue of a replacement licence, certificate or extract shall be
subject to the lodging of a security. The amount of this security shallbe calculated by multiplying:
— the rate of the refund fixed in advance or, where applicable, the
highest rate of refund for the destinations covered, plus 20 %,
by
— the quantity for which the replacement licence, certificate or extract
is to be issued, plus the tolerance margin.
The amount by which the security is increased shall not be less than
EUR 3 per 100 kilograms net weight. The security shall be lodged
with the body which issued the original licence or certificate.
6. Where the quantity of products exported under a licence or certi-
ficate and the replacement licence or certificate, or under an extract
and the replacement extract, is greater than that which could have
been exported under the original licence, certificate or extract, thesecurity referred to in paragraph5 corresponding to th e excess quantityshall be forfeit, the refund being treated thereby as recovered.
7. In addition, in cases where paragraph 6 applies and where an
export levy applies on the date of acceptance of the declaration referredto in Article 24(1)(b) for the excess quantity, the export levy applicableon that day shall be collected.
The excess quantity:
— shall be determined in accordance with paragraph 6,
— shall be that for which the most recent declaration was accepted
under the original licence or certificate, an extract of the original
licence or certificate, a replacement licence or certificate, or areplacement extract. In cases where the quantity of the last exportis less than the excess quantity, the export or exports immediatelypreceding shall be taken into account until the stage is reached
where the excess quantity has been covered.
Article 3(1) of Commission Regulation (EEC) No 120/89 (
1) shall not
apply to the cases covered in this paragraph.
8. In so far as the security referred to in paragraph 5 has not become
forfeit by virtue of paragraph 6, it shall be released 15 months afterexpiry of the period of validity of the licence or certificate.2000R1291 — EN — 04.03.2004 — 004.001 — 24
(1) OJ L 16, 20.1.1989, p. 19.
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9. Where the lost licence, certificate or extract is found, it may not
be used and must be returned to the body which issued the replacementlicence, certificace or extract. If in sucha case th e quantity available
shown on the original licence, certificate or extract is equal to or larger
than the quantity for which the replacement licence, certificate orextract was issued, plus the tolerance margin, the security referred toin paragraph5 sh all be released immediately.
However, if the available quantity is larger, the party concerned may
request issue of an exctract for a quantity, including the tolerancemargin, equalling the remaining available quantity.
10. The competent authorities of the Member States shall provide
each other with the information needed to apply this Article.
Where the authorities provide this information by means of a control
copy T 5 as referred to in Article 472 of Regulation (EEC) No 2454/93 and issued for the purpose of obtaining proof of departure from theCommunity's customs territory, the number of the original licence or
certificate shall be inserted in section 105 of the control copy T 5.
Where an extract of a licence or certificate, a replacement licence orcertificate, or a replacement extract is used, the number of the originallicence or certificate shall be inserted in section 106 of the control copyT5 .
Article 37
1. With the exception of the cases referred to in paragraph 2, the
competent authority shall refuse to issue a replacement licence or certi-ficate or replacement extract where the issue of licences or certificatesfor the product in question is suspended or where the issue of licencesor certificates is effected within the framework of a quantitative quota.
2. Where the holder or transferee of an import or export licence or
advance fixing certificate is able to prove to the satisfaction of thecompetent authority both that the licence or certificate or an extract
therefrom has not been used wholly or in part and that it can no longer
be used, particularly because it has been totally or partially destroyed,the body which issued the original licence or certificate shall issue areplacement licence, certificate or extract for a quantity of goods,including the tolerance margin where necessary, equalling the quantity
remaining available. In this case the first sentence of Article 36(4) shall
apply.
Article 38
Member States shall at quarterly intervals inform the Commission of:
(a) the number of replacement licences, certificates or extracts issued
during the previous quarter
— by virtue of Article 36,
— by virtue of Article 37;
(b) the nature and quantity of the goods concerned and the rate of any
export refund or export levy fixed in advance.
The Commission shall forward that information to the other Member
States.
Article 39
1. Where a licence or certificate or extract therefrom is lost, and the
lost document has been used wholly or in part, issuing bodies may,exceptionally, supply the party concerned with a duplicate thereof,drawn up and endorsed in the same way as the original document and
clearly marked ‘duplicate’ on eachcopy.
2. Duplicates may not be used to carry out import or export opera-
tions.
3. Duplicates shall be presented to the offices where the declaration
referred to in Article 24 was accepted unter the lost licence, certificate2000R1291 — EN — 04.03.2004 — 004.001 — 25
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or extract, or to another competent authority designated by the Member
State in which the offices are situated.
4. The competent authority shall make entries on and endorse the
duplicate.
5. The duplicate, thus annotated, shall replace the lost copy No 1 of
the licence, certificate or extract in providing proof for the purpose orreleasing the security.
Section 6
Force majeure
Article 40
1. Where, as a result of an event which the operator regards as
constitutingforce majeure , import or export cannot be effected during
the period of validity of the licence or certificate, the titular holder
shall apply to the competent body of the Member State of issue either
for the period of validity of the licence or certificate to be extended orfor the licence or certificate to be cancelled. Operators shall provideproof of the circumstance which they consider to constitute force
majeure within six monts of the expirty of the period of validity of
the licence.
Where they are unable to produce proof within that time-limit despite
having acted with all due diligence to obtain and forward it, they maybe granted further time.
2. Requests to extend the period of validity of a licence or certificate
received more than 30 days after the expiry of such period of validity
shall be refused.
3. Where circumstances relied on as constituting force majeure
relate to the exporting country and/or the country of origin, in thecase of imports, or to the importing countring, in the case of exports,suchcircumstances may be accepted as suchonly if th e issuing body or
another official agency in the same Member State was notified as to
the countries concerned in good time and in writing.
Notification of the exporting country, country of origin or importing
country shall be considered as having been made in good time if thecircumstances relied upon as constituting force majeure could not
have been foreseen by the applicant at the time of notification.
4. The competent authority referred to in paragraph 1 shall decide if
the circumstances relied upon constitute forcemajeure .
Article 41
1. Where the circumstances relied upon constitute forcemajeure ,t he
competent body of the Member State in which the licence or certificate
was issued shall decide either that the obligation to import or export becancelled and the security released, or that the period of validity of thelicence or certificate be extended for suchperiod as may be considerednecessary in view of all the circumstances of the case. Such extensionshall not exceed six months following the expiry of the original period
of validity of the licence or certificate.
2. The decision taken by the competent body may differ from the
decision requested by the titular holder of the licence or certificate.
Where the titular holder requests the cancellation of a licence involving
advance fixing, even if this request was submitted more than 30 days
after expiry of the period of validity of the licence, the competentbody may extend that period of validity if the rate fixed in advanceplus any adjustments is less than the current rate in the case of amountsto be paid out or greater than the current rate in the case of amounts tobe collected.2000R1291 — EN — 04.03.2004 — 004.001 — 26
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3. The decision to cancel or extend the licence shall relate only to
the quantity of product which could not be imported or exported as aresult offorce majeure .
4. When the period of validity of a licence is extended, the issuing
body shall endorse the licence and its extracts and shall make thenecessary adjustments thereto.
5. Notwithstanding Article 9(1), where the period of validity of a
licence involving advance fixing is extended, the rights arising from
that licence shall not be transferable. However, where the circum-
stances of the case in question so warrant, such transfer shall beautorised when requested at the same time as the extension.
6. The Member State to which the competent body belongs shall
advise the Commission of the case of force majeure ; the Commission
shall inform the other Member States thereof.
Article 42
1. Where, following a case of forcemajeure , an operator has applied
for the period of validity of a licence involving advance fixing of theexport levy or export refund to be extended and the competent bodyhas not yet taken a decision on such application, the operator mayapply to the body for a second licence. The second licence shall be
issued on the terms applying at the time of application except that:
— it shall be issued for no more than the unused quantity on the first
licence for which extension has been applied for,
— Section 20 thereof shall contain one of the following entries:
— Certificado emitido en las condiciones del artículo 42 del Regla-
mento (CE) n
o1291/2000; certificado inicial no…
— Licens udstedt på de i artikel 42 i forordning (EF) nr. 1291/2000
fastsatte betingelser; oprindelig licens nr. …
— Unter den Bedingungen von Artikel 42 der Verordnung (EG)
Nr. 1291/2000 erteilte Lizenz; ursprüngliche Lizenz Nr. …
—Πιστοποιητικό που εκδίδεται υπό τους όρους του άρθρου
42 του κανονισµού (ΕΚ) αριθ 1291 /2000αρχικό πιστοποιη-
τικό αριθ. …
— License issued in accordance withArticle 42 of Regulation (EC)
No 1291/2000; original licence No …
— Certificat émis dans les conditions de l'article 42 du règlement
(CE) no1291/2000; certificat initial no…
— Titolo rilasciato alle condizioni dell'articolo 42 del regolamento
(CE n. 1291/2000; titolo originale n. …
— Certificaat afgegeven overeenkomstig artikel 42 van Veror-
dening (EG) nr. 1291/2000; oorspronkelijk certificaat nr. …
— Certificado emitido nas condições previsatas no artigo 42g do
Regulamento (CE) n.o1291/2000; certificado inicial n.o…
— Todistus myönnetty asetuksen (EY) N:o 1291/2000 42 artiklan
mukaisesti; alkuperäinen todistus N:o …
— Licens utfärdad i enlighet med artikel 42 i förordning (EG)
nr 1291/2000; ursprunglig licens nr … .
2. Where the comptetent body decides to extend the period of
validity of the first licence:
(a) the quantity for which the second licence was used shall be entered
on the first licence provided that:
— the operator who is entitled to use the first licence has so used
the second licence, and
— such use has taken place during the extended period of validity;
(b) the security for the second licence relating to that quantity shall be
released;
(c) where applicable, the body which issued the licences shall inform
the competent body of the Member State where the second licencewas used so that the amount collected or paid out can be corrected.2000R1291 — EN — 04.03.2004 — 004.001 — 27
▼B
Where the competent body concludes that there was no case of force
majeure or where it decides, under Article 41, that the first licence
shoudl be cancelled, then the rights and obligations arising from the
second licence shall stand.
TITLE IV
SPECIALPROVISIONS
Article 43
1. Products subject to a system of export licences or qualifying for a
system of advance fixing of refunds or of other amounts applicable onexports may qualify for treatment as returned goods unter Title VI,Chapter 2 of Regulation (EEC) No 2913/92 only where the followingprovisions have been complied with:
a) if export was effected without an export licence or advance fixing
certificate, then where the information sheet INF 3 as provided forin Article 850 of Regulation (EEC) No 2454/93 is used it must bear
one of the following endorsements in section A:
— Exportación realizada sin certificado
— Udførsel uden licens/attest
— Ausfuhr ohne Ausfuhrlizenz oder Vorausfestsetzungsbescheini-
gung
—Εξαγωγή πραγµατοποτουένη άνευ αδείαξ ή πιστοποιητικού
— Exported without licence or certificate
— Exportation réalisée sans certificat
— Esportazione realizzata senza titolo
— Uitvoer sonder certificaat
— Exportação efectuada sem certificado
— Viety ilman todistusta— Exporterad utan licens
b) if export was effected under cover of an export licence or advance
fixing certificate, Article 44 shall apply.
2. If the returned goods ar reimported:
a) through a customs office in a Member State other than the exporting
Member State, proof that Article 44(1)(a) or (b) has been compliedwith shall be furnished by means of the information sheet INF 3
provided for in Article 850 of Regulation (EEC) No 2454/93;
b) through a customs office situated in the same Member State, proof
that the provisions of paragraph 1(a) or Article 44(1)(a) or (b) havebeen complied with shall be furnished in accordance with the proce-dure determined by the competent authorities of the Member Statein question.
3. Paragraph 1(a) shall not apply in the cases provided for in
Article 844(2)(b) of Regulation (EEC) No 2454/93.
Article 44
1. Where the obligation to export is not complied with, in the cases
referred to in Article 43, the Member States shall take the following
measures:
(a) if export was effected under cover of an export licence or advance
fixing certificate and suchlicence or certificate h as not expired on
the date on which the party concerned declares his intention toavail himself of the abovementioned returned-goods provisions:
— the entry on the licence or certificate relating to the export in
question shall be cancelled,
— the security relating to the licence or certificate shall not be
released in respect of the export in question or, if it has beenreleased, it must be furnished anew in proportion to the quanti-ties concerned to the body which issued the licence orcertificate, and2000R1291 — EN — 04.03.2004 — 004.001 — 28
▼B
— the export licence or advance fixing certificate shall be returned
to the titular holder;
(b) if export was effected under cover of an export licence or advance
fixing certificate, and the licence or certificate has expired on the
date on which the party concerned declares his intention to availhimself of the abovementioned returned-goods provisions, then:
— where the security relating to the licence or certificate has not
been released in respect of the export in question, the securityshall be forfeit, subject to the rules applicable in the particular
case,
— where the security has been released, the titular holder of the
licence or certificate shall provide the body which issued the
licence or certificate withfreshsecurity in respect of th e quan-
tities in question, and that security shall be forfeit, subject tothe rules applicable in the particular case.
2. Paragraph 1(a) and (b) shall not apply if the goods have been
returned owing to force majeure , or in the cases referred to in
Article 844(2)(b) of ►
C1Regulation (EEC) No 2454/93 ◄.
Article 45
1. Where the security relating to the licence or certificate used for
the export of products which have been reimported under the
returned-goods system should be forfeit pursuant to Article 44, thatsecurity shall be released at the requests of the parties concerned ifreimport is followed by the export of equivalent products falling withinthe same subheading of the Combined Nomenclature.
2. The export operation:
(a) must be one for which the declaration was accepted:
— within no more than 20 days following the date of acceptance
of the reimport declaration for the returned goods, and
— under a new export licence if the initial export licence has
expired by the date of acceptance of the export declaration for
the equivalent products;
(b) must concern products:
— of the same quantity, and
— addressed to the consigneed indicated for the original export
consignments, except in the cases referred to inArticle 844(2)(c) or (d) of Regulation (EEC) No 2454/93.
The exporter must provide to the satisfaction of the customs
office of export all necessary information on the product's char-
acteristics and destination.
3. The security shall be released when proof is furnished to the body
which issued the licence or certificate that the conditions laid down in
this Article have been fulfilled. Such proof shall consist of thefollowing documents:
(a) the declaration of export of the equivalent products or a copy or
photocopy thereof certified as such by the competent authoritiesand bearing one of the following endorsements:
— Condiciones previstas en el artículo 45 del Reglamento (CE)
n
o1291/2000 cumplidas
— Betingelsarne i artikel 45 forordning (EF) nr. 1291/2000 opfyldt— Bedingungen von Artikel 45 der Verordnung (EG) Nr. 1291/
2000 wurden eingehalten
—Τηρουµένων των προϋποθέσεων του άρθρου 45 του κανο-
νισµού (ΕΚ) αριθ. 1291/20002000R1291 — EN — 04.03.2004 — 004.001 — 29
▼M3
▼B
▼M3
▼B
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— Conditions laid down in article 45 of Regulation (EC) No 1291/
2000 fullfilled
— Conditions prévues à l'article 45 du règlement (CE) no1291/
2000 respectées
— Condizioni previste dall'articolo 45 del regolamento (CE)
no1291/2000 ottemperate
— in artikel 45 van Verordening (EG) nr. 1291/2000 bedoelde
voorwaarden nageleefd
— Condições previstas no artigo 45.odo Regulamento (CE)
n.o1291/2000 cumpridas
— Asetuksen (EY) N:o 1291/2000 45 artiklassa säädetyt edelly-
tykset on täytetty
— Villkoren i artikel 45 i förordning (EG) nr 1291/2000 är
uppfyllda.
This endorsement must be authenticated by the stamp of the customs
office concerned, applied directly to the document in question; and
(b) a document certifying that the products have left the Community's
customs territory within 60 days of acceptance of the customsexport declaration, except in case of force majeure .
Article 46
1. For the purposes of Article 896 of Regulation (EEC) No 2454/93,
confirmation that measures have been taken to undo any effects ofputting the goods into free circulation shall be provided by theauthority that issued the licence or certificate, subject to paragraph 4
of this Article.
The importer shall inform the authority that issued the licence or certi-
ficate of:
— the name and address of the decision-making authority referred to
in Article 877(1) of Regulation (EEC) No 2454/93 to which confir-mation should be sent,
— the quantity and nature of the products in question, the date of
import and the number of the licence or certificate concerned.
If the licence or certificate has not been returned to the issuing
authority, the importer shall submit it to that authority.
Before sending the confirmation referred to in the first subparagraph,
the authority which issued the licence or certificate must ensure that:
— the security covering the quantities in question has not been and
will not be released, or
— if the security has been released, it has been relodged for the quan-
tities in question.
However, the security shall not be required to be relodged for quanti-
ties in excess of the quantity at which the obligation to import isconsidered to have been met.
The licence or certificate shall be returned to the party concerned.
2. If repayment or remission of import duties is refused, the deci-
sion-making authority shall so inform the authority which issued thelicence or certificate. The security covering the quantity in questionshall be released.
3. If repayment or remission of the duties is granted, the entry on
the licence or certificate for the quantity in question shall be cancelled,even if the licence or certificate is no longer valid. The interested partyshall return the licence or certificate to the issuing body as soon as it isno longer valid. The security for the quantity in question shall be
forfeit subject to the rules applicable to the case in question.
4. Paragraphs 1 and 2 shall not apply where:
(a) for reasons of force majeure the products must be reexported,
destroyed or placed in a customs warehouse or free zone, or2000R1291 — EN — 04.03.2004 — 004.001 — 30
▼B
(b) the products are in the situation referred to in the second indent of
Article 900(1)(n) of Regulation (EEC) No 2454/93, or
(c) the licence or certificate on which the quantity imported has been
entered has not yet been returned to the party concerned when theapplication for repayment or remission of duty is lodged.
5. The first sentence of paragraph 3:
— shall not apply in the case referred to in paragraph 4(b),
— shall apply only on the request of the party concerned in the case
referred to in paragraph4(a).
Article 47
1. Where the effects of putting goods into free circulation have been
undone and the security for the licence or certificate becomes forfeitunder Article 46, the security shall be released at the request of theparty concerned if the conditions set out in paragraph 2 are fulfilled.
2. The party concerned must prove to the satisfaction of the compe-
tent authorities that, within two months of the date of initial import, the
same quantity of equivalent products falling under the same subheadingof the Combined Nomenclature has been imported from the sameexporting country and from the same supplier to replace products towhich Article 238 of Regulation (EEC) No 2913/92 has been applied.
Article 48
1. Where basic products have been placed under the arrangement
provided for in Article 4 of Regulation (EEC) No 565/80, or productsor goods have been placed under the arrangement provided for inArticle 5 of that Regulation, and an export licence or advance fixingcertificate has been used, and where the party concerned wholly or
partly:
— withdraws from customs control such basic products, whether in
that form or as processed products, or such products or goods, or
— does not comply with the total time limit calculated on the basis of
Articles 28(6) and 29(5) of Regulation (EC) No 800/1999 or in
other legal provisions,
the obligation to export shall not have been complied with for the
quantity concerned.
2. The competent authority in the Member State where the payment
declaration referred to in Article 26(1) of Regulation (EC) No 800/
1999 was accepted shall inform the authority that issued the licence orcertificate of such cases. In particular it shall notify the quantity andnature of the products in question, the reference number of the licenceor certificate and the date of the attribution in question.
3. The authority which issued the licence or certificate shall apply
the provisions of Article 44.
4. The Member State shall take such measures as it considers neces-
sary witha view to ensuring compliance withth e provisions ofparagraph3.
Article 49
1. This Article shall apply to certificates fixing the export refund in
advance applied for in connection withan invitation to tender issued inan importing non-member country.
The expression ‘invitation to tender’ shall be understood to mean open
invitations issued by public agencies in third countries, or by interna-
tional bodies governed by public law, to submit by a given date
tenders on which a decision will be taken by those agencies or bodies.
For the purposes of this Article, the armed forces referred to in
Article 36(1)(c) of Regulation (EC) No 800/1999 shall be regarded asan importing country.2000R1291 — EN — 04.03.2004 — 004.001 — 31
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2. Exporters who have submitted or wish to submit a tender in
response to an invitation to tender as referred to in paragraph1 may,provided the conditions specified in paragraph 3 are fulfilled, apply
for one or more certificates, which will be issued subject to their being
awarded a contract.
3. This Article shall apply only if the following particulars at least
are specified in the invitation to tender:
— the importing third country and the agency issuing the invitation to
tender,
— the closing date for the submission of tenders,
— the specific quantity of products covered by the invitation to tender.
The party concerned shall communicate these particulars to the issuing
body when applying for the certificate.
An application for a certificate may not be lodged more than 15 days
before the closing date for the submission of tenders but must belodged at the latest by 1 p.m. on that closing date.
The quantity in respect of which the certificate or certificates are
applied for may not exceed the quantity specified in the invitation to
tender. No account shall be taken of tolerances or options provided
for in the invitation to tender.
4. Notwithstanding Article 15(2) the security need not be lodged
when the licence or certificate is applied for.
5. Within 21 days of the closing date for submitting tenders, except
in case offorcemajeure , the applicant shall inform the issuing body by
letter or by written telecommunication, to reachth e issuing body nolater than the date of expiry of the 21-day time limit, either:
(a) that he has himself been awarded a contract;
(b) that he has not been awarded a contract;
(c) that he has not submitted a tender;
(d) that he is not in a position to know the outcome of the invitation to
tender within the time limit specified for reasons which may not be
ascribed to him.
6. Applications for certificates shall not be accepted where, during
the period of issue to which applications for certificates for certain
products are subject, a special measure has been taken which preventsthe issue of certificates.
No special measure taken subsequent to the expiry of the said period
may prevent the issue of one or more certificates issued in respect ofthe invitation to tender in question where the applicant has fulfilledthe following conditions:
(a) the information referred to in the first subparagraph of paragraph 3
are evidenced by the appropriate documents;
(b) proof is furnished of the applicant's having been awarded a
contract;
(c) the contract is presented; or
(d) where absence of the contract is justified, documentation is
submitted attesting the obligations entered into with the othercontracting party or parties, including confirmation from his or
their bank of the opening of an irrevocable letter of credit by the
purchaser's financial institution to the agreed delivery;
(e) the security required for the issue of the certificate is lodged.
The certificate or certificates shall be issued only for the country
referred to in the first indent of the first subparagraph of paragraph 3.The invitation to tender shall be mentioned thereon.
The total quantity for which the certificate or certificates are issued
shall be the total quantity for which the applicant was awarded thecontract and has presented the contract or documentation referred toin (d); suchquantity may not exceed th e quantity applied for.2000R1291 — EN — 04.03.2004 — 004.001 — 32
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Moreover, where several certificates are applied for, the quantity for
which the certificate or certificates are issued may not exceed the quan-tity initially requested for eachcertificate.
For the purposes of determining the period of validity of the certificate,
Article 23(1) shall apply.
No certificate may be issued for a quantity for which the applicant has
not been awarded a contract or has failed to comply wit any of the
conditions specified in (a), (b), (c), (e) or (a), (b), (d), (e) above.
The holder of the certificate or certificates shall be held primarily liable
for the repayment of any refund incorrectly paid where it is established
that the certificate or certificates was or were issued on the basis of a
contract or obligation, specified in (d), not corresponding to the invita-tion to tender opened by the third country.
7. In the cases referred to in paragraph 5(b), (c) and (d), no certifi-
cate shall be issued in connection with the application referred to inparagraph3.
8. Where the applicant for a certificate fails to comply with
paragraph5, no certificate sh all be issued.
However, where the applicant furnishes proof to the issuing body that
the closing date for the submission of tenders has been deferred:
— by no more than 10 days, the application shall remain valid and the
period of 21 days for notifying the particulars specified inparagraph 5 shall run with effect from the new closing date for the
submission of tenders,
— by more than 10 days, the application shall no longer be valid.
9. (a) If the successful tenderer demonstrates to the satisfaction of the
competent authority that the agency that issued the invitation totender has cancelled the contract for reasons which are not attri-butable to the tenderer and are not considered to constitute force
majeure, the competent authority shall release the security in
cases where the rate of the refund fixed in advance is higherthan or equal to the rate of the refund valid on the last day ofthe certificate's validity.
(b) If the successful tenderer demonstrates to the satisfaction of the
competent authority that the agency that issued the invitation to
tender has obliged him to accept changes to the contract for
reasons that are not attributable to him and are not consideredto constituteforcemajeure , the competent authority may:
— where the rate of the refund fixed in advance is higher than
or equal to the rate of the refund valid on the last days of thecertificate's validity, release the security for the balance of
the quantity not yet exported,
— where the rate of the refund fixed in advance is lower than
or equal to the rate of the refund valid on the last day ofthe certificate's validity, extend the validity of the certificate
by the period required.
However, where special rules governing certain products provide
that the period of validity of a certificate issued under thisArticle may exceed the normal period of validity of such a certi-ficate and the successful tenderer finds himself in the situation
referred to in the first indent of the first subparagraph, the
issuing body may extend the period of validity of the certificateprovided it does not exceed the maximum period of validitypermitted under those rules.
(c) If the successful tenderer furnishes proof that the invitation to
tender or the contract concluded following the award provided
for a downward tolerance or option of more than 5 % and that
the agency that issued the invitation to tender is invoking therelevant clause, the obligation to export shall be deemed tohave been fulfilled where the quantity exported is not morethan 10 % less than the quantity for which the certificate wasissued, on condition that the rate of the refund fixed in advance2000R1291 — EN — 04.03.2004 — 004.001 — 33
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is higher than or equal to the rate of the refund valid on the last
day of validity of the certificate. In such cases the rate of 95 %referred to in Article 35(2) shall be replaced by 90 %.
(d) In comparing the rate of the refund fixed in advance with that of
the refund valid on the last day of validity of the certificate,account shall be taken, where applicable, of other amounts
provided for under Community rules.
10. Member States shall immediately inform the Commission of the
particulars referred to in the first subparagraph of paragraph 3.
11. In special cases, exceptions to the above rules may be laid down
following the procedure laid down in Article 23 of Regulation (EEC)No 1766/92 or, as appropriate, in the corresponding articles of the other
Regulations on the common organisation of markets.
Article 50
1. Where imports of a product are subject to presentation of an
import licence and where that licence also serves to determine elig-ibility under preferential arrangements, the quantities imported withinthe tolerance in excess of the quantity shown on the import licenceshall not qualify under the preferential arrangements.
Save where the regulations in particular sectors require special
wording, section 24 of licences and certificates shall indicate one ofthe following:
— Régimen preferencial aplicable a la cantidad indicada en las
casillas 17 y 18
— Præferenceordning gældende for mængden anført i rubrik 17 og 18
— Präferenzregelung, anwendbar auf die in den Feldern 17 und 18
genannte Menge
—Προτιµησιακόκαθεστώςεφαρµοζόµενογιατηνποσότηταπου
αναγράφεται στα τετραγωνίδια 17 και 18
— Preferential arrangements applicable to the quantity given in
Sections 17 and 18
— Régime préférentiel applicable pour la quantité indiquée dans les
cases 17 et 18
— Regime preferenziale applicabile per la quantità indicata nelle
caselle 17 e 18
— Preferentiële regeling van toepassing voor de in de vakken 17 en 18
vermelde hoeveelheid
— Regime preferencial aplicável em relação à quantidade indicada nas
casas 17 e 18
— Etuuskohtelu, jota sovelletaan kohdissa 17 ja 18 esitettyihin määriin— Preferensordning tillämplig för den kvantitet som anges i fält 17
och18.
2. Where licences as referred to in paragraph 1 also serve to admin-
ister a Community tariff quota, the term of validity of licences may not
extend beyond the date on which the quota expires.
3. Where the product in question cannot be imported outside the
quota or where import licences for the product in question are issuedsubject to special conditions, the import licences shall not provide forany tolerance concerning quantities in excess.
The figure ‘0’ (zero) shall be shown in Section 19 of the licence.
4. Where imports of a product are not subject to presentation of an
import licence and where an import licence serves to administer prefer-ential arrangements covering that product, import licences shall notprovide for any tolerance for quantities in excess.
The figure ‘0’ (zero) shall be shown in Section 19 of the licence.2000R1291 — EN — 04.03.2004 — 004.001 — 34
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TITLE V
FINALPROVISIONS
Article 51
1. Regulation (EEC) No 3719/88 is hereby repealed.2. References to the Regulation repealed in paragraph 1 and to
Regulations (EEC) No 3183/80, (EEC) No 193/75 and (EEC) No 1373/
70, repealed previously, shall be construed as references to this Regula-tion.
The table of equivalence with the Articles of Regulation (EEC)
No 3719/88 is set out in Annex II.
Article 52
1. This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Communities .
2. It shall apply to licences and certificates applied for from
1 October 2000.
However:
— Article 35(3) shall apply to licences and certificates issued from
1 July 2000,
— Annex III shall apply from 1 October 2000.
At the request of the parties concerned, Article 25(6) and
Article 35(4)(d) may continue to be applied to dossiers still open on1 October 2000.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2000R1291 — EN — 04.03.2004 — 004.001 — 35
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ANNEX I
IMPORTLICENCE
EXPORTLICENCEORADVANCEFIXINGCERTIFICATE2000R1291 — EN — 04.03.2004 — 004.001 — 36
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2000R1291 — EN — 04.03.2004 — 004.001 — 37
▼B
2000R1291 — EN — 04.03.2004 — 004.001 — 38
▼B
2000R1291 — EN — 04.03.2004 — 004.001 — 39
▼B
2000R1291 — EN — 04.03.2004 — 004.001 — 40
▼B
►(1) (2)C12000R1291 — EN — 04.03.2004 — 004.001 — 41
▼B
2000R1291 — EN — 04.03.2004 — 004.001 — 42
▼B
►(1) (2)C12000R1291 — EN — 04.03.2004 — 004.001 — 43
▼B
2000R1291 — EN — 04.03.2004 — 004.001 — 44
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ANNEX II
CORRELATIONTABLE
This regulation Regulation (EEC) No 3719/88
Article 1 Article 1
Article 2 Article 2
Article 3 Article 3
Article 4 Article 4Article 5 Article 5
Article 6 Article 6
Article 7 Article 7
Article 8 Article 8
Article 9 Article 9
Article 10 Article 10
Article 11 Article 11
Article 12 Article 12
Article 13 Article 13
Article 14 Article 13a
Article 15 Article 14
Article 16 Article 14a
Article 17 Article 15
Article 18 Article 16
Article 19 Article 16a
Article 20 Article 18
Article 21 Article 19
Article 22 Article 20
Article 23 Article 21Article 24 Article 22
Article 25 Article 23
Article 26 Article 24
Article 27 Article 25
Article 28 Article 26
Article 29 Article 27
Article 30 Article 28
Article 31 Article 29
Article 32 Article 30
Article 33 Article 31
Article 34 Article 32
Article 35 Article 33
Article 36 Article 34(1) to (9) and (11)
Article 37 Article 34(3) and (10)
Article 38 Article 34(12)
Article 39 Article 35
Article 40 Article 36
Article 41 Article 37
Article 42 Article 38
Article 43 Article 39(1)(a), (2) and (3)
Article 44 Article 39(1)(b) and (c) and 39(4)Article 45 Article 402000R1291 — EN — 04.03.2004 — 004.001 — 45
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This regulation Regulation (EEC) No 3719/88
Article 46 Article 41
Article 47 Article 42
Article 48 Article 43
Article 49 Article 44
Article 50 Article 45
Article 51 Article 46
Article 52 Article 472000R1291 — EN — 04.03.2004 — 004.001 — 46
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ANNEX III
Maximumquantities (1)ofproductsforwhichimportorexportlicences oradvance-fixingcerti-
ficates need not be presented pursuant to the fourth indent of Article 5(1) (provided import or
exportdoesnottakeplaceunderpreferential arrangementssubjecttoalicence (2))
Product (Combined Nomenclature codes) Net quantity
A CEREALS AND RICE (Commission Regulation (EC) No 1342/
2003)
Importlicence:
07099060 5 000 kg
07129019
0714 With the exception of subheading 0714 2010
10011000
10019091
10019099
10020000
100300
10040000
10051090
10059000
10070090
100610 With the exception of subheading 1006 1010 1 000 kg
100620
100630
10064000
1008
110100
1102
1103
1104
110620
1107
1108 With the exception of subheading 1108 2000
11090000
17023051
17023059
17023091
17023099
17024090
17029050
17029075
1702907921069055
2302 With the exception of subheading 2302 50
230310
23033000
23067000
230800402000R1291 — EN — 04.03.2004 — 004.001 — 47
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Product (Combined Nomenclature codes) Net quantity
ex 2309Containing starch, glucose, glucose syrup,
malto-dextrine, malto-dextrine syrup falling
within subheadings 17023051 to 1702 3099,
17024090, 17029050 and 21069055 and
milk products (3), withth e exception of
preparations or foodstuffs containing not less
than 50 % weight of milk products
Exportlicence withorwithoutadvance fixingoftherefund:
07099060 5 000 kg
07129019
0714 With the exception of subheading 0714 2010
10011010019091
10019099
10020000
100300
100400
10051090
10059000
10070090
100610 With the exception of subheading 1006 1010 500 kg
100620
10063010064000
1008
110100
1102
1103
1104
110620
1107
1108 With the exception of subheading 1108 2000
11090000
17023051
17023059
17023091
17023099
17024090
17029050
17029075
17029079
21069055
2302 With the exception of subheading 2302 50
23031023033000
23067000
230800402000R1291 — EN — 04.03.2004 — 004.001 — 48
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Product (Combined Nomenclature codes) Net quantity
ex 2309Containing starch, glucose, glucose syrup,
malto-dextrine, malto-dextrine syrup falling
within subheadings 17023051 to 1702 3099,
17024090, 17029050 and 21069055 and
milk products (3), withth e exception of
preparations or foodstuffs containing not less
than 50 % weight of milk products
B OILS AND FATS
Importlicence (CommissionRegulation (EC)No1476/95):
07099039 100 kg
07112090
1509
151000
15220031
15220039
23069019
Exportlicence withorwithoutadvance fixingoftherefund
(CommissionRegulation (EC)No2543/95):
1509 100 kg
151000
C SUGAR (Commission Regulation (EC) No 1464/95)
Importlicence:
12129120 2 000 kg
12129180
12129920
170111
170112
17019100
170199
170220
17023010
17024010
170260
17029030
17029060
17029071
17029080
17029099
17031000
17039000
21069030
210690592000R1291 — EN — 04.03.2004 — 004.001 — 49
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Product (Combined Nomenclature codes) Net quantity
Exportlicence withourwithoutadvance fixingoftherefund:
12129120 2 000 kg
12129180
12129920
170111
170112
17019100
170199
170220
17023010
17024010
170260
17029030
17029060
17029071
17029080
17029099
1703
21069030
21069059
D MILK AND MILK PRODUCTS
Importlicence (CommissionRegulation (EC)No2535/2001):
0401 150 kg
0402
04031011 to
04031039
04039011 to
04039069
0404
040510
04052090
040590
040617021100
17021900
21069051
23091015 Preparations of a kind used in animal feed;
preparations and foodstuffs containing products
to which Council Regulation (EC) No 1255/
1999(
4) is applicable, directly or pursuant to
Regulation (EEC) No 2730/75 (5), withth e
exception of preparations and foodstuffs to
which Regulation (EEC) No 1766/92 (6)
applies23091019
23091039
23091059
23091070
23099035
23099039
23099049
23099059
230990702000R1291 — EN — 04.03.2004 — 004.001 — 50
▼M3
Product (Combined Nomenclature codes) Net quantity
Exportlicence withadvancefixing oftherefund(Commission
Regulation (EC)No174/1999):
0401 150 kg
0402
04031011 to
04031039
04039011 to
04039069
0404
040510
04052090
040590
0406
23091015 Preparations of a kind used in animal feed;
preparations and foodstuffs containing products
to which Council Regulation (EC) No 1255/
1999(4) is applicable, directly or pursuant to
Regulation (EEC) No 2730/75 (5), withth e
exception of preparations and foodstuffs to
which Regulation (EEC) No 1766/92 (6)
applies23091019
23091070
23099035
23099039
23099070
E BEEF AND VEAL (Commission Regulation (EC) No 1445/95)
Importlicence:
01029005 to
01029079One
animal
0201 200 kg
0202
02061095
02062991021020
02109951
02109990
160250
16029061
16029069
Exportlicence withadvancefixing oftherefund:
010210 One animal
01029005 to
01029079
0201 200 kg
0202
02061095
02062991
021020
02109951
02109990
160250
160290612000R1291 — EN — 04.03.2004 — 004.001 — 51
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Product (Combined Nomenclature codes) Net quantity
16029069
Importlicence withoutrefund(Article 7ofCommissionRegulation
(EC)No1445/95):
010210 Nine animals
01029005 to
01029079
0201 2 000 kg
0202
02061095
02062991
021020
02109951
02109990
160250
16029061
16029069
F SHEEPMEAT AND GOATMEAT
Importlicence (CommissionRegulation (EC)No1439/95):
0204 100 kg
02109921
0210992916029072
16029074
16029076
16029078
01041030 Five animals
01041080
01042090
G PIGMEAT
Exportlicence withadvancefixing oftherefund(Commission
Regulation (EC)No1370/95):
0203 250 kg
1601
1602
0210 150 kg
H POULTRYMEAT
Exportlicencewithadvancefixingoftherefundandexpost export
licence (Commission Regulation (EC) No 1372/95):
010511119000 4 000 chicks
010511199000
010511919000
0105119990002000R1291 — EN — 04.03.2004 — 004.001 — 52
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Product (Combined Nomenclature codes) Net quantity
0105120090002 000 chicks
010519209000
0207 250 kg
I EGGS
Exportlicence withadvancefixing oftherefundandexpost export
licence (Commission Regulation (EC) No 1371/95):
040700119000 2000 eggs
040700199000 4000 eggs
040700309000 400 kg040811809100 100 kg
040891809100
040819819100 250 kg
040819899100
040899809100
J SEEDS
Importlicence (CommissionRegulation (EEC)No1119/79):
10051011 to
10051019100 kg
10070010
K WINE (Commission Regulation (EC) No 883/2001)
Importlicence:
200961 3 000 kg
200969
220410 30 hl
220421
220429
220430
Exportlicence withadvancefixing oftherefund:
200961 10 hl
200969
220421 10 hl
220429
2204302000R1291 — EN — 04.03.2004 — 004.001 — 53
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Product (Combined Nomenclature codes) Net quantity
L FRUIT AND VEGETABLES
Exportlicence withadvancefixing oftherefund(Commission
Regulation (EC)No1961/2001):
070200 300 kg
0802
0805
08061010
0808
0809
M PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES
Exportlicence withadvancefixing oftherefund(Commission
Regulation (EC)No1429/95):
080620 300 kg
0812
2002
200600
20082009
N ALCOHOL
Importlicence (CommissionRegulation (EC)No2336/2003):
22071000 100 hl
22072000
22089091 100 hl
22089099
(1) The maximum quantities of agricultural products that can be imported or exported without a licence or certifi-
cate correspond to an eight-digit subheading of the Combined Nomenclature and, if export refunds are involved,to a 12-digit subheading of the nomenclature for agricultural product refunds.
(
2) In the case of an import, for example, the quantities indicated in this document do not cover imports under
quantitative quotas or preferential arrangements, for which licences are always required for all quantities. Thequantities indicated here refer to imports under normal arrangements, i.e. with payment of full duties and withno limits on quantities.
(
3) For the purposes of this subheading, ‘milk products’ means products falling within headings 0401 to 0406 and
subheadings 1702 10 and 210690 51
(4) OJ L 160, 26.6.1999, p. 48.
(5) OJ L 281, 1.11.1975, p. 20.
(6) OJ L 181, 1.7.1992, p. 21.2000R1291 — EN — 04.03.2004 — 004.001 — 54