2000R1291 — EN — 04.12.2001 — 001.001 — 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:
OfficialJournal
No page date
►M1 Commission Regulation (EC) No 2299/2001 of 26 November 2001 L 308 19 27.11.2001
Corrected by:
►C1 Corrigendum, OJ L 254, 22.9.2001, p. 7 (1291/2000)
▼B
COMMISSIONREGULATION(EC)No1291/2000
of9June2000
layingdowncommondetailedrulesfortheapplicationofthesystem
of import and export licences and advance fixing certificates for
agricultural products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to CouncilRegul ation (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
Articles of the other Regulations on the common organisation of marketsin agricultural 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by Regulation (EC) No 1127/1999 (4), which superseded Regula-
tion (EEC) No 3183/80 (5), which in turn superseded Regulation
(EEC) No 193/75 (6), which in turn superseded Regulation (EEC)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 advance fixingcertificates for agricultural products. Regulation (EEC) No 3719/88 has been amended many times, in some cases substantially. Inthe interests of clarity and administrative efficiency, the rules in
question should therefore be consolidated in a single text, at the
same time making certain amendments which experience hasshown 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 to theproduction of such a licence. The scope of such licences shouldtherefore be defined, with the express stipulation that they are notrequired for operations which do not constitute imports or exportsin 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 furtherprocessing. In such cases, to ensure that the market is properlymanaged, an import licence should be required for products
actually put into free circulation. However, where a product put
into free circulation has been obtained from basic products someof which 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 organisation.Some operations relate to small quantities and, in the interests ofsimplifying administrative procedures, import and export licences
and advance-fixing certificates should not be required for such
operations.
(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 — 04.12.2001 — 001.001 — 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 CouncilRegul ation (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 internationaltrade 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 certificate.
(7) So that severaloperations can be carried out at the same time
under one licence or certificate, provision should be made for
extracts 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 such licences or certificates and Community forms
and methods to be established for administrative cooperationbetween Member States.
(9) The use of computerised procedures is gradually replacing themanualinput of data in the different areas of administrativeactivity. 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 be issuedsubject to the lodging of a security so as to guarantee that theundertaking to import or export will be fulfilled during the periodof 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 the
product. In the case of certain mixtures, the rates of refund do not
depend on the tariff classification of the product but on specialrules laid down for that purpose. Therefore, where the componenton which the refund applicable to the mixture is calculated doesnot correspond to the tariff classification of the mixture, suchimported or exported mixtures should not qualify for the rate
fixed in advance.
(12) Import licences are sometimes used to administer quantitative
import arrangements. This is possible only where knowledge of
the imports effected under the licences issued is available within a
fairly short period. In such cases, the requirement to produceevidence that licences have been used is not merely in the interestof sound administration but becomes essentialfor administeringthese quantitative arrangements. The evidence in question issupplied 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 shouldtherefore be fixed for cases where the Community rules on thelicences used to administer quantitative arrangements makereference thereto.
(13) In some cases the amount of security required for a licence orcertificate may be extremely small. In order to reduce theadministrative load, no security should be required in such cases.
(14) Since in practice the person using a licence or certificate may notbe the holder or transferee, in the interests of legal certainty and2000R1291 — EN — 04.12.2001 — 001.001 — 3
(1) OJ L 105, 23.4.1983, p. 1.
(2) OJ L 46, 18.2.1994, p. 5.
▼B
administrative efficiency it should be specified which persons are
authorised to use the certificate or licence. The necessary linkbetween the titular holder and the person making the 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, therequirement to present the licence to the customs authorities maybe 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 moreflexible so as to allow Member States to introduce a simplified
procedure for the administrative handling of licences, under
which 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 certificates andextracts therefrom may not be amended after issue. However, incases of doubt relating to an error attributable to the issuing bodyor to obvious inaccuracies and concerning the items appearing onthe licence, certificate or extract, a procedure should be
introduced whereby inaccurate licences, certificates or extracts
may be withdrawn and corrected documents issued.
(19) Where a product is placed under one of the simplifiedarrangements provided for in Part II, Title II, Chapter 7,Section 3 of Commission Regulation (EEC) No 2454/93 of2 July 1993 laying down provisions for the implementation ofCouncil Regulation (EEC) No 2913/92 establishing the Commu-nity Customs Code (
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, noformalities need to be carried out at the customs office of thefrontier station in cases where transit begins inside the Commu-nity and is to end outside it. In the interests of administrative
simplicity, where one of these procedures is applied special
arrangements should be adopted for the release of the security.
(20) It can happen that, for reasons outside the controlof the party
concerned, the document constituting proof of departure from the
Community's customs territory cannot be produced although theproduct has left the said territory of, in the case of operations asspecified 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 and
certificates concerned provide that the security is to be forfeit in
whole or in part if import or export is not carried out, or onlypartly carried out, during the period of validity of the licence orcertificate. The action to be taken in such circumstances should bespecified in detail, in particular for cases where non-fulfilment of
undertakings is due to forcemajeure . In such cases the obligation
to import or export may be considered cancelled or the period ofvalidity of the licence or certificate may be extended. However, inorder to prevent possible disruption of the market, that extensionshould in any case be limited to a maximum of six monthscalculated from the end of the original period of validity.2000R1291 — EN — 04.12.2001 — 001.001 — 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
(22) In order to simplify administrative procedures, the security should
be returned in full when the total amount to be forfeit is very
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 the
Community'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 reasonswithout the obligation to import or export actually having beenfulfilled. 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 introducedto encourage operators to return quickly any licences and
certificates which they will not be using to the issuing body. A
mechanism 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 aspossible.
(26) Under Article 3(4) of Council Regulation (EEC, Euratom)No 1182/71 of 3 June 1971 determining the rules applicable toperiods, 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 certain
cases, that provision results in the period of use of licences or
certificates being extended. Such a measure, which is designed tofacilitate trade, must not have the effect of changing the economicconditions of the import or export operation.
(27) In some sectors of the common organisation of the agricultural
markets there is provision for a period of reflection before export
licences are issued. The purpose of this period is to allow themarket situation to be assessed and, where appropriate, inparticular where there are difficulties, to allow pending applica-tions to be suspended, which amounts to rejecting thoseapplications. 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 thelicence application cannot again be suspended.
(28) Under Article 844(3) of Regulation (EEC) No 2454/93, products
exported under a licence or advance-fixing certificate may qualify
for treatment as returned goods only where the Community ruleson licences and certificates have been complied with. Specialrules should be laid down for applying the system of licences andcertificates for products likely to qualify under these arrange-ments.
(29) Under Article 896 of Regulation (EEC) No 2454/93, goods whichare put into free circulation under an import licence or advance-fixing certificate are eligible for the system of repayment orremission of import duties only where it is established that the
necessary steps have been taken by the competent authorities to
cancelthe effects of putting those goods into free circul ation asregard the licence or certificate.
(30) Article 880 of Regulation (EEC) No 2454/93 lays down certaindetailed rules for applying Article 896 of that Regulation, in
particular that the authorities responsible for issuing licences and
certificates must provide confirmation.
(31) This Regulation should lay down all the rules necessary forimplementing Article 896 of Regulation (EEC) No 2454/93. Insome cases it should be possible to comply with Regulation2000R1291 — EN — 04.12.2001 — 001.001 — 5
(1) OJ L 124, 8.6.1971, p. 1.
▼B
(EEC) No 2454/93 without recourse to the confirmation referred
to in Article 880 thereof.
(32) Where an import licence covering an agricultural product is alsoused to administer a tariff quota to which preferentialarrange-ments apply, such preferential arrangements are to apply toimporters by virtue of the licence or certificate which must, in
some cases, be accompanied by a document from a third country.
To avoid any overrun in the quota, the preferentialarrangementsmust apply up to the quantity for which the licence or certificatewas issued. However, in order to facilitate imports, the toleranceprovided for in Article 8(4) should be permitted, provided that it
is specified at the same time that the part of the quantity
exceeding that shown on the licence or certificate but within thetolerance does not qualify under the preferential arrangements andfull duty is payable thereon on import.
(33) The measures laid down in this Regulation are in accordance withthe 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 forimplementing 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) (poultrymeat),
— 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 1 of Council Regulation (EC) No 1222/94 (9) (agricultural
products exported in the form of goods not covered by Annex I to the
Treaty),
— Article 9 of Council Regulation (EC) No 3072/95 (10) (rice),
— Article 31 of Council Regulation (EC) No 2200/96 (11) (fruit and
vegetables),
— Article 11 of Council Regulation (EC) No 2201/96 (12) (processed
fruit and vegetable products),2000R1291 — EN — 04.12.2001 — 001.001 — 6
(1) OJ L 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 136, 31.5.1994, p. 5.
(10) OJ L 329, 30.12.1995, p. 18.
(11) OJ L 297, 21.11.1996, p. 1.
(12) OJ L 297, 21.11.1996, p. 29.
▼B
— Article 14 of Council Regulation (EC) No 2467/98 (1) (sheepmeat
and goatmeat),
— Article 29 of Council Regulation (EC) No 1254/1999 (2) (beef and
veal),
— Article 26 of Council Regulation (EC) No 1255/1999 (3) (milk and
milk products),
— Article 59 of Council Regulation (EC) No 1493/1999 (4) (wine),
— Article 13 of Council Regulation (EC) No 2038/1999 (5) (sugar,
isoglucose and inulin syrup).
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
relevant 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 in
paragraph 2(a) are placed in free circulation, then, in so far as theproducts actually placed in free circulation are subject to an importlicence, such a 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
each basic product referred to in (b) actually used and being a
product subject to an import licence, such a licence shall beproduced.
However, an import licence shall not be required where the product
actually placed in free circulation is not subject to such a licence.
3. The import licence or licences produced when a product as
referred to in paragraph 1 or 2 is placed in free circulation may notprovide for advance fixing.
4. On exportation of a product subject to either of the arrangements
referred to in paragraph 1 and containing one or more of the basicproducts referred to in paragraph 2(a), then for each such basic product,being a product subject to an export licence, such licence shall beproduced.2000R1291 — EN — 04.12.2001 — 001.001 — 7
(1) OJ L 304, 14.11.1998, p. 21.
(2) OJ L 160, 26.6.1999, p. 21.
(3) OJ L 160, 26.6.1999, p. 48.
(4) OJ L 179, 14.7.1999, p. 1.
(5) OJ L 252, 25.9.1999, p. 1.
▼B
However, subject to the third subparagraph concerning the advance
fixing of refunds, an export licence shall not be required when theproduct actually exported is not subject to such a licence.
On exportation of compound products qualifying for an export refund
fixed in advance on the basis of one or more of their components, thecustoms status of each such component shall be the sole element to betaken into account when applying the system of licences and certificates.
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
Regulation (EEC) No 565/80 applies, the export licence or advance-
fixing certificate, as the case may be, to be produced shall be thatapplicable to 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 this
Article.
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-commercialnature, 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 preferentialarrange-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
manifestly 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 thepreliminary provisions of the Combined Nomenclature;
(b) exports by private individuals, provided that such operations satisfy,
mutatis mutandis , 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 with a view to their free distribution forhumanitarian aid purposes in third countries where all the followingconditions are met:
(a) no refund is applied for by the parties which wish to benefit from
this exemption;
(b) such consignments are occasionalin nature, comprise varied
products and/or goods and do not exceed a totalof 30 000 kg permeans of transport; and2000R1291 — EN — 04.12.2001 — 001.001 — 8
(1) OJ L 62, 7.3.1980, p. 5.
▼B
(c) the competent authorities have sufficient proof as to the destination
and/or use of the products and/or goods and the proper execution ofthe 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 2 ofRegulation (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 for whichthe exporter provides proof that a favourable decision for repayment orremission 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 of import
duties, an export licence must be produced. Advance fixing of the exportrefund 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 thelicence, 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
requirements within the meaning of Article 20 of CommissionRegulation (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 relevantproduct under the licence and, except in cases of force majeure , 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 shall
determine 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
requirements 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 Community rulesfor the relevant sector, the issue of a licence or certificate shall give riseto an obligation to ►
C1import from or ◄export to the country or
group of countries specified therein.2000R1291 — EN — 04.12.2001 — 001.001 — 9
(1) OJ L 205, 3.8.1985, p. 5.
▼B
4. Where the quantity imported or exported is greater by not more
than 5 % than the quantity indicated in the licence or certificate, it shallbe 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
obligation to import or export shall be considered to have been fulfilled.
6. For the purposes of paragraphs 4 and 5, if the licence or certificate
is issued on a headage basis the result of the 5 % calculation referred to
therein shall, where applicable, be rounded off to the next greater wholenumber 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 normalperiod of validity, the licence or certificate shall be considered to havebeen 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 betransferable by their titular holder during the period of its validity. Suchtransfer may be made in favour of a single transferee only for eachlicence or certificate or extract therefrom. It shall relate to quantities not
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 shall
relate 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 altitul ar 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 altitol are 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 body or theagency or agencies designated by each Member State shall enter thefollowing on the licence or certificate or where appropriate the extracttherefrom:
— the name and address of the transferee or the entry referred to in
paragraph 2,
— 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.
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.2000R1291 — EN — 04.12.2001 — 001.001 — 10
▼B
Article 11
Licences or certificates and extracts issued and entries and endorsements
made by the authorities of a Member State shall have the same legal
effects in each of the other Member States as documents issued and
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 fixedin advance where the tariff classification of the constituent on which the
refund applicable to the mixture is calculated does not correspond 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 in advance shallapply only to the component which has the same tariff classification asthe 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 with the competent body on forms printedand/or made out in accordance with Article 18.
However, competent bodies may accept written telecommunications and
electronic messages as valid applications, provided they include all theinformation which would have appeared on the form, had it been used.
Member States may require that a written telecommunication and/or
electronic message be followed by an application on a form printed ormade out in accordance with Article 18, forwarded or delivered direct tothe competent body; in such cases the date on which the writtentelecommunication or electronic message reached the competent bodyshall 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 electro-
nically, the competent authorities of the Member State shall determinehow 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 by thecompetent 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 with advance fixing of the refund
and of licences themselves shall show the 12-digit code of the producttaken from the nomenclature of agricultural products for use with export
refunds.
However, where the rate of refund is the same or severalcodes in the
same category, to be determined in accordance with the procedure laiddown in Article 38 of Regulation No 136/66/EEC and the correspondingArticles of the other Regulations governing market organisations, thesecodes may be entered together on licence applications and on the
licences themselves.
Where rates of refund are differentiated according to destination, the
country or area of destination, as the case may be, must be indicated inSection 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 of Article 4(2)2000R1291 — EN — 04.12.2001 — 001.001 — 11
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of Regulation (EC) No 800/1999 is defined, the product codes belonging
to the group may be entered in Section 22 of licence applications andlicences, 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 Community
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 later
than 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 exchange
rate for the amount of the security.
3. Where the security on a licence or certificate comes to EUR 60 or
less, or where the licence or certificate is drawn up in the name of anintervention agency, no security shall be required.
4. Where Member States availthemsel ves of the options referred to
in Article 5 of Regulation (EEC) No 2220/85, the amount of the securityshall be claimed on expiry of the time limit of two months following thedate 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-
Community food-aid operations conducted by humanitarian agencies
approved for that purpose by the exporting Member State. The MemberState shall inform the Commission immediately of such approvedhumanitarian agencies.
6. Where paragraphs 3 to 5 are applied, the last subparagraph of
Article 5(1) shall apply mutatis mutandis .
Article 16
Applications for licences and licences with advance fixing of the refund
which are drawn up in connection with a food-aid operation within themeaning of Article 10(4) of the Agreement on Agriculture concluded aspart of the Uruguay Round of multilateral trade negotiations 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 operations.
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 isreceived not later than 1 p.m., regardless of whether the application isdelivered direct to the competent body or forwarded to it by letter orwritten telecommunication or electronic message.2000R1291 — EN — 04.12.2001 — 001.001 — 12
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2. An application for a licence or certificate received by the
competent authority either on a Saturday, a Sunday or a holiday orafter 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 last day
of the period falls on a Saturday, a Sunday or a holiday, the period inquestion 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 certificate or fordetermining 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 and
certificates 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 relevantproduct 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 extra copies
of the licence or certificate, in that order.
However, Member States may require applicants to complete an
application 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 respect of
which application for a licence or certificate was initially made, thequantity applied for and the amount of the security relating thereto mustbe 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, thepermitted length ranging from 5 mm below the latter figure to 8 mm
above; the type space between lines shall be 4,24 mm (one sixth of an
inch); the layout of forms shall be followed precisely. Both sides of copyNo 1 and the side of the extension pages on which the attributions mustappear shall in addition have a printed guilloche pattern background soas to revealany fal sification by mechanicalor chemicalmeans. Theguilloche 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 Member
State in which they are established. In the latter case, reference tot heapprovalby the Member State must appear on each form. Each formshall bear an indication of the printer's name and address or a markenabling the printer to be identified and, except for the application formand extension pages, an individualserialnumber. The number shal lbe
preceded by the following letters according to the Member State issuing
the document: ‘AT’ for Austria ‘BE’ for Belgium, ‘DE’ 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 theNetherlands, ‘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.2000R1291 — EN — 04.12.2001 — 001.001 — 13
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5. Application, licences and certificates and extracts shall be
completed in typescript or by computerised means. They shall beprinted and completed in one of the official languages of the
Community, as specified by the competent authorities of the issuing
Member State. However, Member States may allow applications only tobe hand-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 with letters 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 languagesof 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 detailedrules laid down by the competent authorities. They are knownhereinafter 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 linkedto the computerised issuing system, they shall request an extract
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 nationalcurrency to be entered on l icences 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 placeshall 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 inparagraph 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 decimal
place shall be rounded up to the next unit and where the fifth place is
less 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 two
copies, the first of which, called ‘holder's copy’ and marked ‘No 1’, shallbe supplied without delay to the applicant and the second, called ‘issuingbody's copy’ and marked ‘No 2’, shall be retained by the issuing body.
2. Where a licence or certificate is issued for a quantity less than that
for which the application was made, the issuing body shall indicate:
— in Section 17 and 18, the quantity for which the licence or certificate
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.2000R1291 — EN — 04.12.2001 — 001.001 — 14
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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, oneor more extracts therefrom may be issued by the issuing body or theagency 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 addressedto 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
certificate, 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
certificate.
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
certificate from which it derives, so that the body may adjust the entries
on copy No 1 of the licence or certificate in the light of those appearingon 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
certificates may not be used untiltheir actualissue.
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 in the
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 theirrepresentative 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 disposalof 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 attribution
and endorsed copy No 1 of the licence or certificate, it shall be returnedto the party concerned. However, Member States may require or allowthe party concerned to make the entry on the licence or certificate; in all2000R1291 — EN — 04.12.2001 — 001.001 — 15
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such cases the entry shall be examined and endorsed by the competent
office.
4. Where the quantity imported or exported does not correspond to
the quantity entered on the licence or certificate, the entry on the licence
or certificate shall be corrected to show the quantity actually imported or
exported, within the limits of the quantity in respect of which the licenceor 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, where applicable, tothe 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 State must
ensure equaltreatment for al lcertificates 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 with it, ◄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 beused.
5. In the case of a licence or certificate authorising import or export,
the goods may be released only if the competent authority has informedthe customs office referred to in Article 24(1) that the licence orcertificate indicated on the customs document is valid for the product
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 anexport licence fixing in advance the export refund, if, as the result of anerror, the document used during export to prove eligibility for a refundmakes no mention of this Article and/or the number of the licence orcertificate, or if the information is incorrect, the operation may 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 exported and
the licence or certificate covering the export.
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 Member Stateconcerned, be returned to the issuing body.
If the issuing body considers a correction to be required, it shall
withdraw the extract or the licence or certificate as well as any extractspreviously issued and shall issue without delay either a corrected extract2000R1291 — EN — 04.12.2001 — 001.001 — 16
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or a corrected licence or certificate and the corrected extracts
corresponding thereto. On such further documents, which shall includethe entry ‘licence (or certificate) corrected on …’ or ‘extract corrected
on …’, 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 with Article 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 onrequest 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 orextracts. These authorities shall so place their stamp that one half is on
the licence, certificate or extract therefrom and the other on the
extension page, and for each further extension page issued a furtherstamp shall be placed in like manner across such page and the precedingpage.
Article 29
1. Where there is doubt concerning the authenticity of a licence,
certificate or extract, or entries or endorsements thereon, the competentnational authorities shall return the questionable document, or aphotocopy 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 nationalauthorities shal lon 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 information
on licences, certificates and extracts therefrom and on irregularities and
infringements concerning them.
2. Member States shall inform the Commission as soon as they have
knowledge of irregularities and infringements in regard to thisRegulation.
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. TheCommission shall publish this information in the ►
C1OfficialJournal
of the European Communities .◄
4. Member States shall also forward to the Commission impressions
of the officialstamps and, where appropriate, of the embossing pressesused by authorities empowered to act. The Commission shallimmediately inform the other Member States thereof.2000R1291 — EN — 04.12.2001 — 001.001 — 17
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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 fromthe day of acceptance of the export, declaration, unless
prevented by force majeure , either, in the case of supplies
treated as exports, reached its destination or, in other cases, leftthe Community's customs territory. For the purposes of thisRegulation, deliveries of any products intended solely forconsumption on board drilling or extraction platforms, including
workpoints providing support services for such operations,
situated within the area of the European continentalshel f, orwithin the area of the continentalshel f of the non-European partof the Community, by beyond a three-mile zone starting formthe baseline used to determine the width of a Member State'sterritorial sea, shall be deemed to have left the 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 itsplacement under that procedure and unless prevented force
majeure , been placed in a victualling warehouse.
However, when the 60-day deadline referred to in point (b)(i) of the first
subparagraph or the 30-day deadline referred to in point (b)(ii) of thefirst subparagraph is passed, the security shall be released in accordance
with Article 23(2) of Regulation (EEC) No 2220/85.
2. Where products are placed under one of the arrangements provided
for in Articles 4 and 5 of Regulation (EEC) No 565/80, the primaryrequirement shall be deemed to be fulfilled by the production of proofthat the payment declaration required for so placing the products hasbeen accepted; however, the security thereby released shall be renewedin accordance with Article 47 of this Regulation where 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 copy No 12000R1291 — EN — 04.12.2001 — 001.001 — 18
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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
paragraph 2, by production of copy No 1 of the licence or certificateand, where applicable, of copy No 1 of the extract or extracts of thelicence 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 Regulation(EC) No 800/1999 or the placing of products under the arrangementsprovided for in Article 40 of that Regulation, additional proof shall be
required.
Such additionalproof:
(a) where the following operations take place within the Member State
in question, such additional proof shall be left to the choice of theMember 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 Europeancontinental shelf, or within the area of the continental shelf
of the non-European part of the Community, but beyond a
three-mile zone starting from the baseline used to determinethe width of a Member State's territorialsea, shal lbedeemed 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 controlcopy T 5 or copies referred to in
Article 472 of Commission Regulation (EEC) No 2454/93 or acertified copy or photocopy of such controlcopy 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 been fulfilled,
or
— equivalent proof as provided for in paragraph 4.
Where the sole purpose of the T 5 control copy is the release of the
security, the T 5 controlcopy shal lcontain in section 106 one of the
following entries:
— Se utilizará par liberar la garantía
— Tilbrug ved frigivel se af sikkerhed— Zu verwenden für die Freistellung der Sicherheit—προς χρησιµοποίηση για την αποδέσµευση της ασφάλειας
— 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, theabovementioned entry shall also state the number of the originallicence or certificate and the name and address of the issuing body.2000R1291 — EN — 04.12.2001 — 001.001 — 19
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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, ofAppendix I to the Convention of 20 May 1987 on a common transit
procedure for carriage to a station-of-destination or delivery to a
consignee outside the Community's customs territory, the T 5 controlcopy required under paragraph 2(b) shall be sent through officialchannels to the issuing body. One of the following forms of wordingshall be 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 jernbane eller
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
simplified 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 grands
conteneurs
— 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 grotecontainers
— Saída do território aduaneiro da Comunidade ao abrigo do regime do
trânsito comunitário simplificado por caminho-de-ferro ou emgrandes contentores
— Vienti yhteisön tullialueelta yhteisön yksinkertaistetussa passitusme-
nettelyssä rautateitse tai suurissa konteissa
— Utförsel från gemenskapens tullområde enligt det förenklade
transiteringsförfarandet för järnvägstransporter eller transporter i
stora containrar
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,
or
— 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 controlcopy referred to in paragraph 2(b) cannot be
produced within three months following its issue owing to circumstancesbeyond the control of the party concerned, the latter may apply to thecompetent body for other documents to be accepted as equivalent,stating the grounds for such application and furnishing supportingdocuments.2000R1291 — EN — 04.12.2001 — 001.001 — 20
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The supporting documents to be submitted with the application shall be
those specified in the second subparagraph of Article 49(3) ofRegulation (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 of thedeclaration 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 forwhich proof as referred to in Article 32 has been produced, provided thatproof has been produced that a quantity equalto at l east 5 % of that
indicated in the licence or certificate has been imported or exported.
2. Subject to application of Articles 40, 41 or 49, where the
obligation to import or export has not been met the security shall be
forfeit in an amount equalto 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 %
calculation referred to above shall, where applicable, be rounded off tothe next 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 totalamount of the security which woul d be forfeit
comes to EUR 60 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 body that
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 theoperator acted in good faith.
3. With regard to export licences with advance fixing of the refund:
— where the licence or an extract from the licence is returned to the
issuing body within the initialtwo thirds of its term of val idity, thecorresponding amount of security to be forfeited shall be reduced by
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 reduced by25 %.
The above subparagraph shall apply only to licences and extracts thereof
returned to the issuing body during the GATT year for which thelicences have been issued and provided that they are returned more than30 days before the end of that year.
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 or
certificate, 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 Regulation
(EC) No 800/1999 or of the placing of products under thearrangements provided for in Article 40 of that Regulation, asreferred to in Article 33(2), must be produced within12 months of the expiry of the licence or certificate, unlessthis is impossible for reasons of force majeure .2000R1291 — EN — 04.12.2001 — 001.001 — 21
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(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 under the
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 thetime limit set in subparagraph (a) and at the latest in the 24thmonth following the date of expiry of the licence or certificateshall be 15 % of the amount which would have been forfeited
completely if the products had not been imported or exported;
where, for a given product, there are licences or certificates withdifferent levels of security, the lowest rate applicable to importsor exports shall be used to calculate the amount to be forfeited.
(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 be producedin accordance with Article 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 duediligence to obtain them within that period, he may be granted an
extension of time for the submission of those documents.
6. In the case of import licences for which a Community provision
makes this paragraph applicable, paragraph 4 notwithstanding, the proofof utilisation of the licence as referred to in Article 33(1)(a) must beproduced within 45 days of expiry of the licence, unless this isimpossible for reasons of force majeure .
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
tolerance, within the term of validity, 15 % of the total amount ofthe security as indicated in the licence shall be forfeit by way of aflat-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 the timelimit for provision of proof is exceeded.2000R1291 — EN — 04.12.2001 — 001.001 — 22
▼B
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 orextract 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 or certificate or areplacement 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 this powershall be exercised in accordance with the principles currentlyapplicable in that State governing non-discrimination between
applicants 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. Itshall be issued for a quantity of goods which, with the addition of thetolerance margin, is equal to the available quantity as shown on the lostdocument. Applicants shall specify that quantity in writing. Whereinformation held by the issuing body shows that the quantity indicated
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 delcertificado inicial…
— Erstaningslicens/-attest (eller erstatningspartiallicens) for bortkomen
licens/attest (eller partiallicens). Oprindeling licens/attest (eller
partiallicens) nr. …
— Ersatzlizenz (oder Teillizenz) einer verlorenen Lizenz (oder
Teillizenz). 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
(certificate or extract). Number of originall icence (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 certificaat…
— 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.2000R1291 — EN — 04.12.2001 — 001.001 — 23
▼B
5. The issue of a replacement licence, certificate or extract shall be
subject to the lodging of a security. The amount of this security shall becalculated 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 withthe body which issued the originall icence or certificate.
6. Where the quantity of products exported under a licence or
certificate and the replacement licence or certificate, or under an extractand the replacement extract, is greater than that which could have beenexported under the originall icence, certificate or extract, the security
referred to in paragraph 5 corresponding to the excess quantity shall 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 originall icence or certificate, an extract of the original
licence or certificate, a replacement licence or certificate, or a
replacement extract. In cases where the quantity of the last export isless than the excess quantity, the export or exports immediatelypreceding shall be taken into account until the stage is reached wherethe 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 after
expiry of the period of validity of the licence or certificate.
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 such a case the quantity availableshown on the original licence, certificate or extract is equal to or largerthan the quantity for which the replacement licence, certificate or extract
was issued, plus the tolerance margin, the security referred to in
paragraph 5 shall 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 the
Community's customs territory, the number of the originall icence orcertificate shall be inserted in section 105 of the control copy T 5. Wherean extract of a licence or certificate, a replacement licence or certificate,or a replacement extract is used, the number of the original licence orcertificate shall be inserted in section 106 of the control copy T 5.2000R1291 — EN — 04.12.2001 — 001.001 — 24
(1) OJ L 16, 20.1.1989, p. 19.
▼B
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
certificate or replacement extract where the issue of licences or
certificates for the product in question is suspended or where the issueof licences or certificates is effected within the framework of aquantitative 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 the
competent authority both that the licence or certificate or an extracttherefrom has not been used wholly or in part and that it can no longerbe 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) shallapply.
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 originaldocument andclearly marked ‘duplicate’ on each copy.
2. Duplicates may not be used to carry out import or export
operations.
3. Duplicates shall be presented to the offices where the declaration
referred to in Article 24 was accepted unter the lost licence, certificate or
extract, or to another competent authority designated by the MemberState 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
constituting force 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 theperiod of validity of the licence or certificate to be extended or for thelicence or certificate to be cancelled. Operators shall provide proof ofthe circumstance which they consider to constitute forcemajeure within
six monts of the expirty of the period of validity of the licence.2000R1291 — EN — 04.12.2001 — 001.001 — 25
▼B
Where they are unable to produce proof within that time-limit despite
having acted with all due diligence to obtain and forward it, they may begranted 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 validityshall be refused.
3. Where circumstances relied on as constituting forcemajeure relate
to the exporting country and/or the country of origin, in the case ofimports, or to the importing countring, in the case of exports, suchcircumstances may be accepted as such only if the issuing body or
another officialagency 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 force majeure .
Article 41
1. Where the circumstances relied upon constitute forcemajeure , the
competent body of the Member State in which the licence or certificatewas 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 such period as may be considerednecessary in view of all the circumstances of the case. Such extension
shall 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 daysafter expiry of the period of validity of the licence, the competent body
may extend that period of validity if the rate fixed in advance plus any
adjustments is less than the current rate in the case of amounts to be paidout or greater than the current rate in the case of amounts to be collected.
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 a resultofforce 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 the
necessary adjustments thereto.
5. Notwithstanding Article 9(1), where the period of validity of a
licence involving advance fixing is extended, the rights arising from thatlicence shall not be transferable. However, where the circumstances ofthe case in question so warrant, such transfer shall be autorised 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 body hasnot yet taken a decision on such application, the operator may apply 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,2000R1291 — EN — 04.12.2001 — 001.001 — 26
▼B
— Section 20 thereof shall contain one of the following entries:
— Certificado emitido en las condiciones del artículo 42 del
Reglamento (CE) no1291/2000; certificado inicialno…
— Licens udstedt på de i artikel42 i forordning (EF) nr. 1291/2000
fastsatte betingelser; oprindelig licens nr. …
— Unter den Bedingungen von Artikel42 der Verordnung (EG)
Nr. 1291/2000 erteilte Lizenz; ursprüngliche Lizenz Nr. …
—Πιστοποιητικόπουεκδίδεταιυπότουςόρουςτουάρθρου42
τουκανονισµού(ΕΚ)αριθ1291 /2000αρχικόπιστοποιητικό
αριθ. …
— License issued in accordance with Article 42 of Regulation (EC)
No 1291/2000; originall icence No …
— Certificat émis dans les conditions de l'article 42 du règlement
(CE) no1291/2000; certificat initialno…
— Titolo rilasciato alle condizioni dell'articolo 42 del regolamento
(CE n. 1291/2000; titolo originale n. …
— Certificaat afgegeven overeenkomstig artikel42 van Verordening
(EG) nr. 1291/2000; oorspronkelijk certificaat nr. …
— Certificado emitido nas condições previsatas no artigo 42g do
Regulamento (CE) n.o1291/2000; certificado inicialn.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 licence
was used so that the amount collected or paid out can be corrected.
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 thesecond 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 following
provisions 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 for inArticle 850 of Regulation (EEC) No 2454/93 is used it must bear oneof the following endorsements in section A:
— Exportación realizada sin certificado
— Udførseluden l icens/attest
— Ausfuhr ohne Ausfuhrlizenz oder Vorausfestsetzungsbescheini-
gung
—Εξαγωγή πραγµατοποτουένη άνευ αδείαξ ή πιστοποιητικού
— Exported without licence or certificate2000R1291 — EN — 04.12.2001 — 001.001 — 27
▼B
— 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 3provided 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 theprocedure determined by the competent authorities of the MemberState in 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 such licence or certificate has not expired onthe date on which the party concerned declares his intention to availhimself 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 been
released, it must be furnished anew in proportion to the
quantities concerned to the body which issued the licence orcertificate, and
— 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 thedate on which the party concerned declares his intention to avail
himself 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 particularcase,
— where the security has been released, the titular holder of the
licence or certificate shall provide the body which issued the
licence or certificate with fresh security in respect of the
quantities 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-goodssystem should be forfeit pursuant to Article 44, that security shall bereleased at the requests of the parties concerned if reimport is followed2000R1291 — EN — 04.12.2001 — 001.001 — 28
▼B
by the export of equivalent products falling within the 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,
— in the customs office of the reimporting Member State
designated by that Member State, 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 originalexport
consignments, except in the cases referred to in Article 844(2)(c)
or (d) of Regulation (EEC) No 2454/93.
3. The security shall be released when proof is furnished to the body
which issued the licence or certificate that the conditions laid down inthis Article have been fulfilled. Such proof shall consist of the followingdocuments:
(a) the declaration of export of the equivalent products or a copy or
photocopy thereof certified as such by the competent authorities andbearing 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 Artikel45 der Verordnung (EG) Nr. 1291/
2000 wurden eingehalten
—Τηρουµένων των προϋποθέσεων του άρθρου 45 του
κανονισµού (ΕΚ) αριθ. 1291/2000
— Conditions laid down in article 45 of Regulation (EC) No 1291/
2000 fullfilled
— Conditions prévues à l'article 45 du règlement (CE) n
o1291/2000
respectées
— Condizioni previste dall'articolo 45 del regolamento (CE)
no1291/2000 ottemperate
— in artikel45 van Verordening (EG) nr. 1291/2000 bedoel de
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 stampof the customs office concerned, applied directly to thedocument in question; and
(b) a document certifying that the products have left the Community's
customs territory within 60 days of acceptance of the customs exportdeclaration, 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 the authoritythat issued the licence or certificate, subject to paragraph 4 of thisArticle.2000R1291 — EN — 04.12.2001 — 001.001 — 29
▼B
The importer shall inform the authority that issued the licence or
certificate of:
— the name and address of the decision-making authority referred to in
Article 877(1) of Regulation (EEC) No 2454/93 to which confirma-
tion 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
quantities in question.
However, the security shall not be required to be relodged for quantities
in excess of the quantity at which the obligation to import is consideredto 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 decision-
making authority shall so inform the authority which issued the licenceor certificate. The security covering the quantity in question shall 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 party shall
return the licence or certificate to the issuing body as soon as it is nolonger valid. The security for the quantity in question shall be forfeitsubject 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, or
(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 the
application 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 paragraph 4(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 the partyconcerned if the conditions set out in paragraph 2 are fulfilled.
2. The party concerned must prove to the satisfaction of the
competent authorities that, within two months of the date of initialimport, the same quantity of equivalent products falling under the samesubheading of the Combined Nomenclature has been imported from the
same exporting country and from the same supplier to replace products
to which 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 products orgoods have been placed under the arrangement provided for in Article 52000R1291 — EN — 04.12.2001 — 001.001 — 30
▼B
of that Regulation, and an export licence or advance fixing certificate
has been used, and where the party concerned wholly or partly:
— withdraws from customs controlsuch 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 otherlegal 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 or
certificate of such cases. In particular it shall notify the quantity andnature of the products in question, the reference number of the licence orcertificate 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
necessary with a view to ensuring compliance with the provisions of
paragraph 3.
Article 49
1. This Article shall apply to certificates fixing the export refund in
advance applied for in connection with an 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 byinternational bodies governed by public law, to submit by a givendate 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 as animporting country.
2. Exporters who have submitted or wish to submit a tender in
response to an invitation to tender as referred to in paragraph 1 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 be lodged
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. Noaccount shall be taken of tolerances or options provided for in theinvitation 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 offorce majeure , the applicant shall inform the issuing body by2000R1291 — EN — 04.12.2001 — 001.001 — 31
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letter or by written telecommunication, to reach the issuing body no later
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 beascribed to him.
6. Applications for certificates shall not be accepted where, during
the period of issue to which applications for certificates for certainproducts are subject, a specialmeasure has been taken which preventsthe issue of certificates.
No specialmeasure taken subsequent to the expiry of the said period
may prevent the issue of one or more certificates issued in respect of theinvitation to tender in question where the applicant has fulfilled thefollowing 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 financialinstitution to the agreed del ivery;
(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 totalquantity for which the certificate or certificates are issued shal l
be the totalquantity for which the appl icant was awarded the contractand has presented the contract or documentation referred to in (d); suchquantity may not exceed the quantity applied for.
Moreover, where severalcertificates are appl ied for, the quantity for
which the certificate or certificates are issued may not exceed the
quantity initially requested for each certificate.
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 theconditions 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 acontract or obligation, specified in (d), not corresponding to theinvitation to tender opened by the third country.
7. In the cases referred to in paragraph 5(b), (c) and (d), no certificate
shall be issued in connection with the application referred to inparagraph 3.
8. Where the applicant for a certificate fails to comply with
paragraph 5, no certificate shall 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 thesubmission of tenders,
— by more than 10 days, the application shall no longer be valid.2000R1291 — EN — 04.12.2001 — 001.001 — 32
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9. (a) If the successfultenderer 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
attributable 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 of thecertificate's validity.
(b) If the successfultenderer demonstrates to the satisfaction of the
competent authority that the agency that issued the invitation totender has obliged him to accept changes to the contract forreasons that are not attributable to him and are not considered toconstituteforce majeure , 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 the
certificate's validity, release the security for the balance of thequantity 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 of thecertificate's validity, extend the validity of the certificate bythe period required.
However, where specialrul es governing certain products provide
that the period of validity of a certificate issued under this Article
may exceed the normalperiod of val idity of such a certificate and
the successfultenderer finds himsel f in the situation referred to inthe first indent of the first subparagraph, the issuing body mayextend the period of validity of the certificate provided it does notexceed the maximum period of validity permitted under those
rules.
(c) If the successfultenderer furnishes proof that the invitation to
tender or the contract concluded following the award provided fora downward tolerance or option of more than 5 % and that theagency that issued the invitation to tender is invoking the relevantclause, the obligation to export shall be deemed to have been
fulfilled where the quantity exported is not more than 10 % less
than the quantity for which the certificate was issued, oncondition that the rate of the refund fixed in advance is higherthan or equal to the rate of the refund valid on the last day ofvalidity of the certificate. In such cases the rate of 95 % referredto 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 amountsprovided 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 otherRegulations 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 eligibility underpreferentialarrangements, the quantities imported within the tol erance inexcess of the quantity shown on the import licence shall not qualify
under the preferentialarrangements.
Save where the regulations in particular sectors require special wording,
section 24 of licences and certificates shall indicate one of the following:
— Régimen preferencial aplicable a la cantidad indicada en las
casillas 17 y 18
— Præferenceordning gældende for mængden anført i rubrik 17 og 182000R1291 — EN — 04.12.2001 — 001.001 — 33
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— 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 och
18.
2. Where licences as referred to in paragraph 1 also serve to
administer a Community tariff quota, the term of validity of licencesmay 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 issued
subject to special conditions, the import licences shall not provide for
any 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 administerpreferential arrangements covering that product, import licences shallnot provide for any tolerance for quantities in excess.
The figure ‘0’ (zero) shall be shown in Section 19 of the licence.
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 thisRegulation.
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 on 1 October 2000.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.2000R1291 — EN — 04.12.2001 — 001.001 — 34
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ANNEX I
IMPORTLICENCE
EXPORTLICENCEORADVANCEFIXINGCERTIFICATE2000R1291 — EN — 04.12.2001 — 001.001 — 35
▼B
2000R1291 — EN — 04.12.2001 — 001.001 — 36
▼B
2000R1291 — EN — 04.12.2001 — 001.001 — 37
▼B
2000R1291 — EN — 04.12.2001 — 001.001 — 38
▼B
2000R1291 — EN — 04.12.2001 — 001.001 — 39
▼B
►(1) (2)C12000R1291 — EN — 04.12.2001 — 001.001 — 40
▼B
2000R1291 — EN — 04.12.2001 — 001.001 — 41
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►(1) (2)C12000R1291 — EN — 04.12.2001 — 001.001 — 42
▼B
2000R1291 — EN — 04.12.2001 — 001.001 — 43
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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 — 04.12.2001 — 001.001 — 44
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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 — 04.12.2001 — 001.001 — 45
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ANNEX III
Maximumquantitiesofproductsforwhichimportorexportlicencesoradvancefixingcertificates
need not be presented pursuant to the fourth indent of Article 5(1) (provided import or export
doesnottakeplaceunderpreferential arrangementssubjecttoalicence) (1)
Product (Combined Nomenclature code) Net quantity
A CEREALS AND RICE [Commission Regulation (EC) No 1162/95 (2)]:
Import licence:
0709 90 60 5 000 kg
0712 90 19
0714 With the exception of subheading 0714 20 10
1001 101001 90 91
1001 90 99
1002 00 00
1003 00
1004 00
1005 10 90
1005 90 00
1007 00 90
1006 10 With the exception of subheading 1006 10 10 1 000 kg
1006 20
1006 30
1006 40 00
1008
1101 00 11
1101 00 15
1101 00 901102
1103
1104
1106 20
1107
1108 With the exception of subheading 1108 20 00
1109 00 00
1702 30 51
1702 30 59
1702 30 91
1702 30 99
1702 40 90
1702 90 50
1702 90 75
1702 90 79
2106 90 55
2302 With the exception of subheading 2302 50
2303 10
2303 30 00
2306 70 00
2308 10 00
2308 90 30
ex 2309 Containing starch, glucose, glucose syrup, malto
dextrine or malto dextrine syrups falling within
subheadings 1702 30 51 to 1702 30 99,
1702 40 90, 1702 90 50 and 2106 90 55 and
milk products (
3), with the exception of prepara-
tions or foodstuffs containing not less than 50 %
weight of milk products
Export licence with or without advance fixing of the refund:
0709 90 60 5 000 kg
0712 90 19
0714 With the exception of subheading 0714 20 10
1001 10
1001 90 91
1001 90 99
1002 00 00
1003 00
1004 002000R1291 — EN — 04.12.2001 — 001.001 — 46
▼B
Product (Combined Nomenclature code) Net quantity
1005 10 90
1005 90 00
1007 00 90
1006 10 With the exception of subheading 1006 10 10 500 kg
1006 20
1006 30
1006 40 00
1008
1101 00 11
1101 00 15
1101 00 90
1102
1103
1104
1106 20
1107
1108 With the exception of subheading 1108 20 00
1109 00 00
1702 30 51
1702 30 59
1702 30 91
1702 30 99
1702 40 90
1702 90 50
1702 90 75
1702 90 79
2106 90 55
2302 With the exception of subheading 2302 50
2303 10
2303 30 00
2306 70 002308 10 00
2308 90 30
ex 2309 Containing starch, glucose, glucose syrup, malto
dextrine or malto dextrine syrup falling within
subheading 1702 30 51 to 1702 30 99,
1702 40 90, 1702 90 50 and 2106 90 55 and
milk products (
4), with the exception of prepara-
tions or foodstuffs containing not less than 50 %
by weight of milk products
B OILS AND FATS:
Import licence [Commission Regulation (EC) No 1476/95 (5)]:
0709 90 39 100 kg
0711 20 90
1509
1510 00
1522 00 31
1522 00 39
2306 90 19
Exportlicencewithorwithoutadvancefixingoftherefund [Commission
Regulation (EC) No 2543/95 (6)]:
1509 100 kg
1510 00
C SUGAR [Commission Regulation (EC) No 1464/95 (7)]:
Import licence:
1212 91 20 2 000 kg
1212 91 80
1212 92 00
1701 11 10
1701 11 90
1701 12 10
1701 12 902000R1291 — EN — 04.12.2001 — 001.001 — 47
▼B
Product (Combined Nomenclature code) Net quantity
1701 91 00
1701 99 10
1701 99 90
1702 20 10
1702 20 90
1702 30 10
1702 40 10
1702 60 10
1702 60 80
1702 60 95
1702 90 30
1702 90 60
1702 90 71
1702 90 80
1702 90 99
1703 10 00
1703 90 00
2106 90 30
2106 90 59
Export licence with or without advance fixing of the refund:
1212 91 20 2 000 kg
1212 91 80
1212 92 00
1701 11 10
1701 11 90
1701 12 10
1701 12 90
1701 91 00
1701 99 10
1701 99 90
1702 20 10
1702 20 90
1702 30 10
1702 40 10
1702 60 10
1702 60 80
1702 60 95
1702 90 30
1702 90 60
1702 90 71
1702 90 80
1702 90 99
1703 10 00
1703 90 00
2106 90 30
2106 90 59
D MILK AND MILK PRODUCTS:
Import licence [Commission Regulation (EC) No 1374/98 (8)]:
0401 150 kg
0402
0403 10 11 to
0403 10 39
0403 90 11 to
0403 90 69
0404
0405 10
0405 20 90
0405 90
0406
1702 11 00
1702 19 00
2106 90 512000R1291 — EN — 04.12.2001 — 001.001 — 48
▼B
Product (Combined Nomenclature code) Net quantity
2309 10 15 Preparations of a kind used in animalfeed;
preparations and foodstuffs containing products to
which Regulation (EC) No 1255/1999 applies,
directly or pursuant to Council Regulation (EEC)
No 2730/75 (9), with the exception of preparations
and foodstuffs to which Regulation (EEC)
No 1766/92 applies
2309 10 19
2309 10 39
2309 10 59
2309 10 70
2309 90 35
2309 90 39
2309 90 49
2309 90 592309 90 70
Exportlicencewithadvancefixingoftherefund [Commission Regulation
(EC) No 174/1999 (
10)]:
0401 150 kg
0402
0403 10 11 to
0403 10 39
0403 90 11 to
0403 90 69
0404
0405 10
0405 20 90
0405 90
0406
2309 10 15 Preparations of a kind used in animalfeed;
preparations and foodstuffs containing products to
which CouncilRegul ation (EEC) No 804/68
applies, directly or pursuant to Regulation
(EEC) No 2730/75 (11), with the exception of
preparations and foodstuffs to which Regulation
(EEC) No 1766/92 applies
2309 10 19
2309 10 70
2309 90 35
2309 90 39
2309 90 70
E BEEF AND VEAL [Commission Regulation (EC) No 1445/95 (12)]:
Import licence:
0102 90 05 to
0102 90 79One animal
0201 200 kg
0202
0206 10 95
0206 29 91
0210 20
0210 90 41
0210 90 90
1602 50 10
1602 50 31
1602 50 39
1602 50 80
1602 90 61
1602 90 69
Export licence with or without advance fixing of the refund:
0102 10 One animal
0102 90 05 to
0102 90 792000R1291 — EN — 04.12.2001 — 001.001 — 49
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Product (Combined Nomenclature code) Net quantity
0201 200 kg
0202
0206 10 95
0206 29 91
0210 20
0210 90 41
0210 90 90
1602 50 10
1602 50 31
1602 50 39
1602 50 80
1602 90 61
1602 90 69
F SHEEPMEAT AND GOATMEAT:
Import licence [Commission Regulation (CE) No 1439/95 (13)]:
0204 100 kg
0210 90 11
0210 90 19
1602 90 72
1602 90 74
1602 90 76
1602 90 78
0104 10 30 Five animals
0104 10 80
0104 20 90
G PIGMEAT:
Exportlicencewithadvancefixingoftherefund [Commission Regulation
(EC) No 1370/95 (14)]:
ex 0203 250 kg
ex 1601
ex 1602
0210 150 kg
H POULTRYMEAT:
Export licence with advance fixing of the refund and ex post export
licence [Commission Regulation (EEC) No 1372/95 (15)]:
010511119000 4 000 chicks
010511199000
010511919000
010511999000
010512009000 2 000 chicks
010519209000
ex 0207 250 kg
I EGGS:
Export licence with advance fixing of the refund and ex post export
licence [Commission Regulation (EEC) No 1371/95 (16)]:
040700119000 2 000 eggs
040700199000 4 000 eggs
040700309000 400 kg2000R1291 — EN — 04.12.2001 — 001.001 — 50
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Product (Combined Nomenclature code) Net quantity
040811809100 100 kg
040891809100
040819819100 250 kg
040819899100
040899809100
J SEEDS:
Import licence [Commission Regulation (EEC) No 1119/79 (17)]:
1005 10 11 a
1005 10 19100 kg
1007 00 10
K WINE:
Import licence [Commission Regulation (EEC) No 3388/81 (18)]:
2009 60 3 000 kg
2204 10 30 hl
2204 21
2204 29
2204 30
Exportlicencewithadvancefixingoftherefund [Commission Regulation
(EEC) No 1685/95 (19)]:
2009 60 10 hl
2204 21 10 hl
2204 29
2204 30
L FRUIT AND VEGETABLES:
Import licence [Commission Regulation (EC) No 1859/93 (20)]:
0703 20 00 (garlic) 350 kg
Exportlicencewithadvancefixingoftherefund [Commission Regulation
(EC) No 2190/90 (21)]:
0702 00 300 kg
ex 0802
0805
0806 10 10
0808
0809
M PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES:
Import licence [Commission Regulation (EC) No 1921/95 (22)]:
0711 90 40 350 kg
0711 90 60
0806 20 12
0806 20 18
0806 20 92
0806 20 98
ex 0811 90 19 (cherries)
ex 0811 90 39 (cherries)
0811 90 75
0811 90 80
0812 10 00
ex 0813 40 95 (cherries)2000R1291 — EN — 04.12.2001 — 001.001 — 51
▼B
Product (Combined Nomenclature code) Net quantity
2001 90 50
2002 90 11
2002 90 19
2002 90 31
2002 90 39
2002 90 91
2002 90 99
2003 10 20
2003 10 30
2003 10 80
2005 60 00
2008 60 51
2008 60 59
2008 60 61
2008 60 692008 60 71
2008 60 79
2008 60 91
2008 60 99
2008 70 61
2008 70 69
2008 70 71
2008 70 79
2009 11 99
Export licence with advance fixing of the refund:
0806 20 300 kg
ex 0812
2002
ex 2006 00
ex 2008
ex 2009
(1) 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. The quantities indicated here
refer to import under normal arrangements, i.e. with payment of full duties and with no limits on quantities.
(2) OJ L 117, 24.5.1995, p. 2.
(3) For the purposes of this subheading, ‘milk products’ means products falling within headings 0401 to 0406 and
subheadings 1702 10 and 2106 90 51.
(4) For the purposes of this subheading, ‘milk products’ means products falling within headings 0401 to 0406 and
subheadings 1702 10 and 2106 90 51.
(5) OJ L 145, 29.6.1995, p. 35.
(6) OJ L 260, 31.10.1995, p. 33.
(7) OJ L 144, 28.6.1995, p. 14.
(8) OJ L 185, 30.6.1998, p. 21.
(9) OJ L 281, 1.11.1975, p. 20.
(10) OJ L 20, 27.1.1999, p. 8.
(11) OJ L 148, 28.6.1968, p. 13.
(12) OJ L 143, 27.6.1995, p. 35.
(13) OJ L 143, 27.6.1995, p. 7.
(14) OJ L 133, 17.6.1995, p. 9.
(15) OJ L 133, 17.6.1995, p. 26.
(16) OJ L 133, 17.6.1995, p. 16.
(17) OJ L 139, 17.6.1979, p. 13.
(18) OJ L 341, 28.11.1981, p. 19.
(19) OJ L 161, 12.7.1995, p. 2.
(20) OJ L 170, 13.7.1993, p. 10.
(21) OJ L 292, 15.11.1996, p. 12.
(22) OJ L 185, 4.8.1995, p. 10.2000R1291 — EN — 04.12.2001 — 001.001 — 52