2001R1488 — EN — 27.07.2001 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1488/2001
of19July2001
layingdownrulesfortheapplicationofCouncilRegulation(EC)No3448/93asregardstheplace-
mentofcertainquantitiesofcertainbasicproductslistedinAnnexItotheTreatyestablishingtheEuropean Community under the inward processing arrangements without prior examination of
theeconomic conditions
(OJ L 196, 20.7.2001, p. 9)
Corrected by:
►C1Corrigendum, OJ L 26, 31.1.2003, p. 86 (1488/2001)
▼B
COMMISSIONREGULATION(EC)No1488/2001
of19July2001
laying down rules for the application of Council Regulation (EC)
No3448/93asregardstheplacementofcertainquantitiesofcertainbasic products listed in Annex I to the Treaty establishing theEuropean Community under the inward processing arrangements
withoutpriorexaminationoftheeconomic conditions
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3448/93 of 6 December
1993 laying down the trade arrangements applicable to certain goodsresulting from the processing of agricultural products (
1), as last
amended by Regulation (EC) No 2580/2000 (2), and in particular the
third subparagraph of Article 11(1) thereof,
Whereas:
(1)Under Regulation (EC) No 3448/93, certain quantities of certain
basic products within the meaning of Article 11 of the said
Regulation may be placed under the inward processing arrange-ments without prior examination of the economic conditions setout in Article 117(c) of Council Regulation (EEC) No 2913/92of 12 October 1992 establishing the Community CustomsCode (
3), as last amended by European Parliament and Council
Regulation (EC) No 2700/2000 (4). The arrangements must be
adopted for implementing this possibility and for checking andplanning the quantities of such products.
(2)The procedure enabling the said quantities to be determinedusing a balance should therefore be laid down. This procedureshould also be made transparent by providing for the saidbalance to be submitted for examination to the Group of Expertson horizontal questions concerning trade in processed agricul-tural products not listed in Annex I, and the quantities should
be published in good time.
(3)For the purposes of granting such quantities, a specific certificate
must be provided for in order to obtain the appropriate customs
authorisation.
(4)In so far as the procedure in question must make it possible to
ensure that the Community processing industry has access to
agricultural raw materials under competitive conditions and as
sucha guarantee cannot be provided by th e export refund systembecause of the ceilings set in agreements concluded pursuant toArticle 300 of the Treaty, this procedure must be aimed at opera-tors whose needs for refunds are not being met, either in wholeor in part.
(5)The rules for applying for, granting, using and discharging thesecertificates, together with their technical characteristics, shouldbe defined so that the relevant procedure is flexible and permits
prudent management. It should therefore follow, to a large
extent, the procedure already in place for certain agriculturalcertificates, which is set out in Commission Regulation (EC)No 1291/2000 of 9 June 2000 laying down common detailedrules for the application of the system of import and exportlicences and advance fixing certificates for agricultural
products (
5).
(6)In so far as the Commission takes account of all companies that
process agricultural products, all the goods not covered by2001R1488 — EN — 27.07.2001 — 000.001 — 2
(1) OJ L 318, 20.12.1993, p. 18.
(2) OJ L 298, 25.11.2000, p. 5.
(3) OJ L 302, 19.10.1992, p. 1.
(4) OJ L 311, 12.12.2000, p. 1.
(5) OJ L 152, 24.6.2000, p. 1.
▼B
Annex I must be taken into consideration as a whole. The proce-
dure described above must therefore provide for productionunder the inward processing arrangements in two stages, each
carried out by a different company.
(7)It must be laid down that these certificates can be delivered in
three tranches. In addition, the emergency issue of one or moretranches should be provided for to deal with any unexpectedevents, particularly those of the market, and the rights relatingto these certificates should be transferable.
(8)In order to make it possible to check and plan the quantities ofthe basic products concerned, communication of statistics on the
use of the certificates must be provided for.
(9)The Management Committee on horizontal questions concerningtrade in processed agricultural products not listed in Annex I to
the Treaty did not deliver an opinion within the time limit laiddown by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
ScopeoftheRegulation
1. The placement of certain quantities of basic products set out in
Article 11 of Regulation (EC) No 3448/93 under the inward processing
arrangements without prior examination of the economic conditions issubject, during its period of validity, to presentation of an inwardprocessing certificate (hereinafter ‘IP certificate’).
2. Two successive inward processing authorisations may be granted
— one for the placement of a basic product and one for the placement
of an intermediate product corresponding to the basic product. Theeconomic conditions will then also be regarded as having been met byeach of these authorisations, provided that each of the applications forauthorisation is submitted on the basis of the same IP certificate.
Article 2
Balance
1. No later than 21 September of each year, the Commission shall
draw up the balance described in Article 11 of Regulation (EC) No
3448/93 and submit it for examination to the Group of Experts on hori-zontal questions concerning trade in processed agricultural products notlisted in Annex I (hereinafter ‘Group of Experts’).
2. If the estimated amount needed for refunds exceeds the funds
available, the quantities of the various basic products, as identified bytheir eight-digit Combined Nomenclature code, shall be determinedaccording to the balance.
Article 3
Initialpublicationofthequantitiesavailable
The total quantities of each basic product determined pursuant to
Article 2(2) will be published no later than 30 September each year intheOfficial Journal of the European Communities .2001R1488 — EN — 27.07.2001 — 000.001 — 3
▼B
Certificates may be granted for those quantities in three tranches in
accordance withArticles 21, 22 and 23.
Article 4
ApplicationsforIPcertificates
1. Only an operator who is a titular holder of a valid refund certifi-
cate within the meaning of Commission Regulation (EC) No 1520/2000 (
1) or who was the titular holder of a certificate issued during
the previous budget year, may apply for an IP certificate.
Nonetheless, where the second subparagraph of Article 14(3) of Regu-
lation (EC) No 1520/2000 applies, any operator who has been grantedrefunds during the current or the previous budget year may also apply
for an IP certificate.
2. A separate application must be made for eachquantity of a
single, available, basic product, identified by its eight-digit nomencla-
ture code. Only one application per tranche may be made by any singleoperator for eachbasic product.
The authority shall only accept applications for certificates for which
the applicant has provided a written declaration that, for the tranche inquestion, he has not made and undertakes not to make any other appli-cations for IP certificates for the same basic product in the MemberState to which he has applied, nor in any other Member States. If
more than one application is made for the same basic product, all of
the applications shall be rejected.
3. The total quantity applied for per operator and per tranche for any
basic product shall not exceed 5 000 tonnes for basic products coveredby the common organisation of the markets in milk products, sugar andrice, and 20 000 tonnes for basic products covered by the commonorganisation of the market in cereals.
Article 5
Lodgingofapplicationsforcertificates
1. No application for a certificate shall be accepted unless it is
forwarded to or lodged withth e competent body on forms printedand/or made out in accordance withArticle 9.
However, competent bodies may accept written telecommunications
and electronic messages as valid applications, provided they includeall the information which would have appeared on the form, had itbeen used. Member States may require that a written telecommunica-
tion and/or electronic message be followed by an application on a
form printed or made out in accordance withArticle 9, forwarded ordelivered direct to the competent body; in such cases the date on whichthe written telecommunication or electronic message reached thecompetent body shall be taken as the day the application is lodged.
This requirement shall not affect the validity of applications forwarded
by written telecommunication or electronic message.
Where applications for certificates are submitted electronically, the
competent authorities of the Member State shall determine how thehand-written signature is to be replaced by another method, whichmight be based on the use of codes.
2. Applications for certificates may be cancelled only by letter,
written telecommunication or electronic message received by thecompetent authority, except in cases of force majeure , by 1 p.m. on
the day the application is lodged.2001R1488 — EN — 27.07.2001 — 000.001 — 4
(1) OJ L 177, 15.7.2000, p. 1.
▼B
Article 6
Procedure forlodgingapplications
1. The day an application for a certificate is lodged means the day
on which it is received by the competent body, provided it is receivednot later than 1 p.m., regardless of whether the application is delivereddirect to the competent body or forwarded to it by letter or written tele-
communication or electronic message.
2. An application for a certificate received by the competent body
either on a Saturday, a Sunday or a holiday or after 1 p.m. on aworking day shall be deemed to have been lodged on the first workingday 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 certificates and where the last day of theperiod falls on a Saturday, a Sunday or a holiday, the period in ques-tion 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 determining the certificate's period of validity.
4. The time limits specified in this Regulation are in Belgian local
time.
Article 7
Rejectionofapplications
Applications containing conditions not provided for in Community
rules shall be rejected.
Article 8
Extracts
Extracts from certificates shall have the same legal effects as the certi-
ficates from which they are extracted, within the limits of the quantity
in respect of which such extracts are issued.
Article 9
Specifications fortheuseanddesignoftheforms
1. Without prejudice to the second subparagraph of Article 5(1) and
Article 11(1), applications for certificates, certificates and extractstherefrom shall be drawn up on forms conforming to the specimensset out in Annex I to Regulation (EC) No 1291/2000 under the heading‘Import certificate AGRIM’, subject to the following changes:
(a) either the title ‘Import certificate AGRIM’ should be removed or
crossed out, or ‘IP certificate’ should be stamped over it. Thismay be achieved by mechanical or electronic means;
(b) sections 7 and 8 are deleted;
(c) the title of section 11 is deleted;
(d) section 19 of the model for the certificate is deleted;
(e) the entry ‘IP certificate for the manufacture of goods not covered
by Annex I and referred to in Article 1(1) of Regulation (EC) No1520/2000’ shall be made, either manually or by mechanical or
electronic means, in section 20 of the model for applying for a
certificate and in section 24 of the model for the certificate.
Such forms must be completed following the instructions given therein.2. 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
certificate, in that order.
However, Member States may require applicants to complete an appli-
cation form only, instead of the sets provided for in the precedingsubparagraph.2001R1488 — EN — 27.07.2001 — 000.001 — 5
▼B
Where the quantity for which the certificate is issued is less than the
quantity initially applied for, the quantity applied for must be enteredonly on the application form.
Forms for extracts of 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 on white paper
free of mechanical pulp, dressed for writing and weighing at least 40grams per square metre. Their size shall be 210 × 297 mm, thepermitted lengthranging from 5 mm below th e latter figure to 8 mmabove; 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
copy No 1 and the side of the extension pages on which the attributionsmust appear shall in addition have a printed guilloche pattern back-ground so as to reveal any falsification by mechanical or chemicalmeans. The guilloche background shall be green.
4. Member States shall be responsible for having the forms printed.
The forms may also be printed by printers appointed by the MemberState in which they are established. In the latter case, reference to theapproval by the Member State must appear on each form. Each formshall bear an indication of the printer's name and address or a mark
enabling the printer to be identified and, except for the application
form and extension pages, an individual serial number. The numbershall be preceded by the following letters according to the MemberState issuing the document: ‘AT’ for Austria, ‘BE’ for Belgium, ‘DE’for Germany, ‘DK’ for Denmark ‘EL’ for Greece, ‘ES’ for Spain, ‘FI’
for Finland, ‘FR’ for France, ‘IE’ for Ireland, ‘IT’ for Italy, ‘LU’ for
Luxembourg, ‘NL’ for the Netherlands, ‘PT’ for Portugal, ‘SE’ forSweden and ‘UK’ for the United Kingdom.
At the time of their issue, certificates and extracts may bear an issue
number allocated by the issuing body.
5. Applications, certificates and extracts shall be completed in type-
script or by computerised means: They shall be printed and completedin 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 to be handwritten in ink and inblock capitals.
6. The stamps of issuing bodies and attributing authorities shall be
applied by means of a metal stamp, preferably made of steel. However,
an embossing press combined withletters or figures obtained by meansof perforation may be substituted for the issuing body's stamp.
7. The competent authorities of the Member States concerned may,
where necessary, require certificates and extracts therefrom to be trans-lated into the official language or one of the official languages of thatMember State.
Article 10
Procedure forissuingextracts
1. On application by the titular holder of the certificate or by the
transferee, and on presentation of copy No 1 of the document, one or
more extracts therefrom may be issued by the issuing body or theagency or agencies designated by eachMember State.
Extracts shall be drawn up in at least two copies, the first of which,
called ‘holder's copy’ and marked ‘No 1’, shall be supplied or
addressed to the applicant and the second, called ‘issuing body's copy’and marked ‘No 2’, shall be retained by the issuing body.
The body issuing the extract shall, on copy No 1 of the certificate,
enter the quantity for which the extract has been issued. The word
‘extract’ shall be entered beside the quantity entered on copy No 1 ofthe certificate.
2. No further extract may be made of an extract of a certificate.2001R1488 — EN — 27.07.2001 — 000.001 — 6
▼B
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 thecertificate, together with copy No 1 of the certificate from which it
derives, so that the body may adjust the entries on copy No 1 of the
certificate in the light of those appearing on copy No 1 of the extract.
Article 11
Electronic certificates
1. Without prejudice to Article 9, certificates may be issued and
used using computerised systems in accordance withdetailed ruleslaid down by the competent authorities. They are known hereinafteras ‘electronic certificates’.
The content of electronic certificates must be identical to that of certi-
ficates on paper.
2. Where titular holders or transferees of certificates need to use the
electronic form thereof in a Member State which is not linked to thecomputerised 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 9(1).
In Member States linked to the computerised issuing system, such
extracts shall be issued in the form of the paper extract.
Article 12
NumberofcopiesofIPcertificates
Without prejudice to Article 11, certificates shall be drawn up in at
least two copies, the first of which, called ‘holder's copy’ and marked
‘No 1’, shall be supplied without delay to the applicant and the second,called ‘issuing body's copy’ and marked ‘No 2’, shall be retained bythe issuing body.
Article 13
ValidityofIPcertificate
1. IP certificates shall be valid until the end of the third month
following that in which they are applied for.
2. For the purpose of determining their period of validity, certifi-
cates shall be considered to have been issued on the day on which theapplication for them was lodged, that day being included in the calcu-lation of suchperiod of validity. However, certificates may not be useduntil their actual issue.
3. On presentation, during its period of validity, of copy No 1 of the
IP certificate or of the extract therefrom, the operator may, under theconditions set out by Commission Regulation (EEC) No 2454/93 (
1)
make a single application to the customs authority in a Member State
for authorisation to use inward processing arrangements for a quantityof the basic product less than or equal to the quantity referred to in thecertificate or the extract. The economic conditions referred to in Article117(c) of Regulation (EEC) No 2913/92 shall then be deemed to have
been met.
However, a second application may subsequently be accepted under the
terms of Article 14.
The customs authority shall state in part 2 of the first section of column
29 and in the first section of column 30 of copy No 1 the quantity actu-ally applied for.
The customs authority shall sign the first Section of column 32 of the
original of copy No 1 and stamp it to certify the date on which theapplication was lodged.2001R1488 — EN — 27.07.2001 — 000.001 — 7
(1) OJ L 253, 11.10.1993, p. 1.
▼B
The customs authority shall then forward the duly completed original
of copy No 1 to the issuing body specified in section 1 within 15working days. If, however, Article 14(1) is applied, it shall send a
copy of completed copy No 1 to the issuing body and keep the original.
If the certificate is electronic, the procedure may be carried out electro-
nically.
Article 14
Secondapplicationforauthorisation
1. At the request of the operator, and before the application for a
first inward processing authorisation has been lodged, the issuingbody or the body designated by each Member State (or one of thesebodies, if more than one has been designated) shall enter the following,
duly completed, in Section 20 of the certificate or, where appropriate,
the extract:
— Solicitud de segunda autorización prevista por […] para la admisión
del producto de código NC […] con arreglo al apartado 2 delartículo 1 del Reglamento (CE) n
o1488/2001
— Påtænkt ansøgning om anden tilladelse fra … med henblik på
henførsel of produktet … (KN-koden anføres) i henhold til artikel1, stk. 2, i forordning (EF) nr. 1488/2001
— Antrag auf eine zweite Bewilligung vorgesehen von …, zwecks
Überführung des Erzeugnisses der KN-Position … gemäß Artikel 1Absatz 2 der Verordnung (EG) Nr. 1488/2001
—Αίτηση παροχής δεύτερης άδειας που ζητήθηκε από τον …
για την εµπορία του προϊόντος του κώδικα ΣΟ …σύµφωνα
µε το άρθρο 1, παραγράφος 2 του κανονισµού (ΕΚ) αριθ.1488/2001
— Application by … for a second authorisation for the placement of
the product … [insert CN code] in accordance with Article 1(2) ofRegulation (EC) No 1488/2001
— Demande de deuxième autorisation envisagée par … pour le place-
ment de produit de code NC … conformément à l'article 1paragraphe 2 du règlement (CE) n
o1488/2001
— Domanda di seconda autorizzazione, richiesta da … per l'iscrizione
del prodotto del codice NC … ai sensi dell'articolo 1, paragrafo 2,
del regolamento (CE) n. 1488/2001
— Aanvraag voor een tweede vergunning van … voor de plaatsing van
het product met GN-code … overeenkomstig artikel 1, lid 2, van
Verordening (EG) nr. 1488/2001
— Pedido de segunda autorização previsto por … para a colocação do
produto do código NC … em conformidade com o n.o2 do artigo
1.odo Regulamento (CE) n.o1488/2001
— Toinen lupahakemus, jonka tekee …, tuotteen, jonka CN-koodi on
…, saattamiseksi sisäiseen jalostusmenettelyyn asetuksen (EY) N:o
1488/2001 1 artiklan 2 kohdan mukaisesti
— En andra tillståndsansökan planeras av … för aktiv förädling av en
produkt med KN-kod … enligt artikel 1.2 i förordning (EG) nr1488/2001.
The operator may only designate one applicant for a second authorisa-
tion and only one product, and may only require one entry.
Furthermore, the body in question shall stamp the entry to certify the
date on which it was made.
2. The operator — holder of the first authorisation — shall notify
the customs authority of the quantity of the product referred to in the
entry given in the second subparagraph of paragraph 1.
On receipt of the notification referred to in the previous subparagraph,
the customs authority shall add in section 20 of the certificate the
following, duly completed, after the entry mentioned in paragraph 1:
— Por una cantidad de … kg
— For … kg2001R1488 — EN — 27.07.2001 — 000.001 — 8
▼B
— Fur eine Menge von … kg
—Για ποσότητα …K g
— For … kg— Pour une quantité de … Kg— Per una quantità di … kg— Voor een hoeveelheid van … kg— Para uma quantidade de … kg— Määrälle … kg— För en kvantitet på … kg.
Within 15 working days of the notification referred to in the first
subparagraph, the customs authority shall forward the original of copyNo 1 to the issuing body specified in section 1.
3. On receipt of copy No 1 in accordance withparagraph2, th e
body in question shall calculate the number of calendar days corre-
sponding to the outstanding period of validity, with reference to thedate on which the application mentioned in the first subparagraph ofArticle 13(3), a complete monthbeing deemed to h ave 30 days.
4. The holder of the certificate shall, on the day on which he issues
the notification referred to in paragraph 2, ask for rights to be trans-
ferred or, where appropriate, transferred back to the operator referred
to in paragraph1, in accordance withArticle 15.
5. At the request of the operator referred to in the entry given in
paragraph 1 above, the body in question shall return the certificate aftereffecting the transfer or, where appropriate, the transfer back referred
to in paragraph4, and after making th e following, duly completed,
entry in section 11:
— Nueva fecha de fin de validez: …
— Ny udløbsdato …— Neues Ende der Gültigkeitsdauer: …—Νέα ηµεροµηνία λήξης ισχύος …
— New expiry date: …— Nouvelle date de fin de validité le …— Nuova data di scadenza della validità: …— Nieuwe datum waarop geldigheidsduur afloopt: …— Nova data de termo de validade: …— Uusi voimassaolon päättymispäivä on …— Ny sista giltighetsdag …
The new expiry date shall be calculated by adding the period calculated
in paragraph 3 to the date of receipt of the application referred to in theprevious subparagraph.
6. On presentation, during the period of validity, of copy No 1 of
the IP certificate or the extract, the operator may lodge with the
customs authority of a Member State, under the terms set out in Regu-lation (EEC) No 2454/93, an application for inward processingauthorisation for a quantity less than or equal to the quantity of theproduct specified in the certificate or extract in accordance with para-
graph1. Th e economic conditions referred to in Article 117(c) of
Regulation (EEC) No 2913/92 shall then be regarded as having beenmet.
The customs authority shall state the quantity actually applied for in
part 2 of Section 2 of column 29 and in section 2 of column 30 ofcopy No 1 of the certificate.
The customs authority shall sign the original of copy No 1 and stamp it
to certify the date on which it was lodged in the second section ofcolumn 32 of the original of copy No 1.
The customs authority shall forward the duly completed original of
copy No 1 to the issuing body specified in section 1 within 15 workingdays.2001R1488 — EN — 27.07.2001 — 000.001 — 9
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7. If the certificate is electronic, the procedure may be carried out
electronically.
Article 15
Transferofrights
1. Rights deriving from certificates shall be transferable by their
titular holder during the period of their validity. Such transfer may bemade in favour of a single transferee only for eachcertificate or extracttherefrom.
2. Transferees may not further transfer their rights but may transfer
them back to the titular holder.
In such cases, one of the following entries shall be made by the issuing
body in section 6 of the certificate:
— Retrocesión al titular el …
— Tilbageføring til indehaveren den …— Rückübertragung auf den Lizenzinhaber am …—Εκ νέου παραχώρηση στο δικαιούχο στις …
— Rights transferred back to the titular holder on … [date]
— Rétrocession au titulaire le …— Retrocessione al titolare in data …
— Aan de titularis geretrocedeerd op …
— Retrocessão ao titular em …— Palautus todistuksenhaltijalle …
— Återbördad till licensinnehavaren den …
3. In the event of a request for transfer by the titular holder or
transfer back to the titular holder by the transferee, the issuing bodyor the agency or agencies designated by each Member State shall enter
the following on the certificate or where appropriate the extract there-
from:
(a) the name and address of the transferee or the entry referred to in
paragraph2;
(b) 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 16
EffectsoftheentriesmadebytheauthoritiesofaMember State
Certificates and extracts issued and entries and endorsements made by
the authorities of a Member State shall have the same legal effects ineach of the other Member States as documents issued and entries andendorsements made by the authorities of these Member States.
Article 17
Erroneousentriesoncertificates
1. Entries made on certificates or extracts may not be altered after
their issue.
2. Where the accuracy of entries on the certificate or extract is in
doubt, such certificate or extract shall, on the initiative of the party
concerned or of the competent authorities of the Member State
concerned, be returned to the issuing body.
If the issuing body considers a correction to be required, it shall with-
draw the extract or certificate as well as any extracts previously issued
and shall issue without delay either a corrected extract or a corrected
certificate and the corrected extracts corresponding thereto. On suchfurther documents, which shall include the entry ‘certificate correctedon …’ or ‘extract corrected on …’, any former entries shall be repro-duced on eachcopy.2001R1488 — EN — 27.07.2001 — 000.001 — 10
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Where the issuing body does not consider it necessary to correct the
certificate or extract, it shall enter thereon the endorsement ‘verifiedon … in accordance withArticle 17 of Regulation (EC) No 1488/
2001’ and apply its stamp.
Article 18
Returnofthecertificate totheissuingbody
1. At the request of the issuing body, the titular holder must return
to it the certificate and the extracts therefrom.
2. Where a disputed document is returned or held in accordance
with this Article or Article 17, the competent national authorities shallon request give the party concerned a receipt.
Article 19
Checkingforauthenticity
1. Where there is doubt concerning the authenticity of a certificate
or extract, or entries or endorsements thereon, the competent nationalauthorities shall return the questionable document, or a photocopy
thereof, to the authorities concerned for checking.
Documents may also be returned by way of random check; in such case
only a photocopy of the document shall be returned.
2. Where a questionable document is returned in accordance with
paragraph 1, the competent national authorities shall on request give a
receipt to the party concerned.
Article 20
Lossofacertificate
Where the holder or transferee of an IP certificate is able to prove to
the satisfaction of the competent authority both that the certificate or anextract therefrom has not been used wholly or in part and that it can nolonger be used, particularly because it has been totally or partiallydestroyed, the body which issued the original certificate shall issue areplacement certificate or extract for a quantity of goods equalling the
quantity remaining available.
A replacement certificate or extract shall contain the information and
entries appearing on the document which it replaces.
Article 21
FirsttrancheofIPcertificate issues—reductioncoefficient
1. For the purposes of the first tranche of certificate issues, the
quantities of the basic products published pursuant to Article 3 shallbe covered to the extent of 60 %.
After the publication date referred to in Article 3 and not later than 14
October of eachyear, eachoperator may apply for one IP certificateper basic product.
2. By 21 October at the latest, Member States shall inform the
Commission of the applications for each basic product, stating thequantity applied for and the company name of the correspondingoperator.
3. Using the quantities referred to in the first subparagraph of para-
graph 1, the Commission shall, if necessary, set a reduction coefficientfor eachbasic product.
The Commission shall publish the coefficient(s) in question in the Offi-
cial Journal of the European Communities within five working days
after the date given in paragraph 2.
If necessary, within five working days of the date given in paragraph 2,
it shall inform the Member States concerned of the applications2001R1488 — EN — 27.07.2001 — 000.001 — 11
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rejected because they were made in several Member States by the same
operator and for the same basic product.
4. Within five working days of the end of the period specified in the
third subparagraph of paragraph 3, the competent authority of theMember State in question may issue the certificates which have been
applied for.
5. If a reduction coefficient has been set, the certificates issued for
each application must include the quantity of the basic product
requested multiplied by the reduction coefficient in question.
The issuing body shall indicate in sections 17 and 18 the quantity for
which the certificate is issued.
Article 22
Secondandthirdpublicationofavailable quantities
The Commission, taking into account the foreseeable volumes of
exports of the goods concerned and the situation of the market ofeach basic product, shall review the balance regularly and submit itfor examination to the Group of Experts.
Where the amount of refunds due is estimated to be greater than the
financial resources available, and taking into account the quantitiesalready granted with certificates and the unused quantities of whichthe Commission has been informed in accordance with Article 25, the
Commission shall determine the remaining quantity available for each
basic product. This will be the subject of a second publication in theOfficial Journal of the European Communities by no later than 31
January of each year and of a third publication by no later than 31May of eachyear.
Article 23
SecondandthirdtranchesofIPcertificateissues—reductioncoef-
ficient
1. For the purposes of the second tranche of certificate issues, the
quantities of the basic products published pursuant to the secondsubparagraph of Article 22 shall be covered to the extent of 60 %
For the purposes of the third tranche of certificate issues, the quantities
of the basic products published pursuant to the second subparagraph ofArticle 22 shall be covered to the extent of 100 %.
2. Eachoperator may apply for an IP certificate for eachbasic
product within 10 working days following the publication referred toin the second subparagraph of Article 22.
3. Within five working days of the end of the period described in
paragraph 2, Member States shall inform the Commission of the totalquantities applied for per basic product, stating the quantity appliedfor and the business name of the corresponding operator.
4. Using the quantities published pursuant to ►
C1Article 22, ◄
the Commission shall, if necessary, fix a reduction coefficient foreachbasic product.
5. The procedure set out in the second and third subparagraphs of
Article 21(3) and Article 21(4) and (5) shall apply.
Article 24
Emergency issueofIPcertificates
Throughout the budget year, taking into account the quantities already
granted with certificates and the unused quantities of which it has been
informed in accordance withArticle 25, th e Commission may, as amatter of urgency, determine the remaining quantity available for eachbasic product identified by its eight-digit nomenclature code. This willbe published in the Official Journal of the European Communities .T he
procedure provided for in Article 23(2), (3), (4) and (5) shall apply. It2001R1488 — EN — 27.07.2001 — 000.001 — 12
▼B
shall first submit the relevant balance for examination to the Group of
Experts.
Article 25
Statisticalinformation
1. By 15 Marchof eachbudget year, Member States, on th e basis of
the communications referred to in the first subparagraph of Article
13(3), shall communicate to the Commission the total quantities for
each basic product in respect of which a customs authorisation hasbeen granted and for which a certificate has been issued pursuant toArticle 21.
2. By 15 October of eachbudget year, Member States, on th e basis
of the communications referred to in the first subparagraph of Article13(3), shall communicate to the Commission the total quantities for
each basic product in respect of which a customs authorisation has
been granted and for which a certificate has been issued pursuant toArticles 23 and 24.
3. By 1 May of the budget year following that in which customs
authorisations were granted under this Regulation, Member States shallcommunicate to the Commission the actual quantities of each basic
product imported under these authorisations.
Article 26
MutualassistanceandcommunicationstotheCommission
1. Where necessary for the proper application of this Regulation, the
competent authorities of the Member States shall exchange information
on certificates and extracts therefrom and on irregularities and infringe-ments concerning them.
2. Member States shall inform the Commission as soon as they have
knowledge of irregularities and infringements in regard to this Regula-tion.
3. Member States shall communicate to the Commission the names
and addresses of the bodies which issue certificates and extracts there-
from. The Commission shall publish this information in the Official
Journal of the European Communities .
4. Member States shall also forward to the Commission impressions
of the official stamps and, where appropriate, of the embossing pressesused by authorities empowered to act. The Commission shall immedi-ately inform the other Member States thereof.
Article 27
Entryintoforce
This Regulation shall enter into force on the seventh day after its publi-
cation in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2001R1488 — EN — 27.07.2001 — 000.001 — 13