Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products
Date: 2000-06-09
Institutions: European Commission
Subjects: agricultural product, export licence, import licence

24.6.2000

EN

Official Journal of the European Communities

L 152/1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 1291/2000

of 9 June 2000

laying down common detailed rules for the application of the system 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 Commu-
nity,

as

Having regard to Council Regulation (EEC) No 1766/92 of
30 June 1992 on the common organisation of the market in
cereals (1),
(EC)
amended
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 markets in
agricultural products,

Regulation

last

by

Whereas:

(1) Commission Regulation (EEC) No 3719/88 (3), as last
amended by Regulation (EC) No 1127/1999 (4), which
superseded Regulation (EEC) No 3183/80 (5), which in
turn superseded Regulation (EEC) No 193/75 (6), which
in turn superseded Regulation (EEC) No 1373/70 (7), lays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 fixing certificates
for agricultural products. Regulation (EEC) No 3719/88
has been amended many times, in some cases substantial-
ly. In the 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 has shown to be desirable.

(2) The Community Regulations which introduced import
and export licences provide that all
imports into the
Community and all exports from it of agricultural
products are to be subject to the production of such a
licence. The scope of such licences should therefore be
defined, with the express stipulation that they are not
required for operations which do not constitute imports
or exports in the strict sense.

(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.

(3) Where products are subject to inward-processing arrange-
ments, the competent authorities may, in some cases,
allow products to be put into free circulation either with
or without further processing. In such cases, to ensure
that the market is properly managed, 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 some
of which have been imported from third countries and
some of which have been purchased in the Community,
only those basic products 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 of simplifying administrati-
ve procedures, import and export licences and advance-
fixing certificates should not be required for such opera-
tions.

(5)

Export licences are not required for the victualling of
vessels and aeroplanes in the Community. Since the
justification is similar, this provision should also apply to
deliveries to platforms and naval vessels and to victualling
in third countries. For the same reasons, licences should
not be required for the operations covered by Council
Regulation (EEC) No 918/83 of 28 March 1983 setting
up a Community system of reliefs from customs duty (8),
as last amended by Regulation (EC) No 355/94 (9).

(8) OJ L 105, 23.4.1983, p. 1.
(9) OJ L 46, 18.2.1994, p. 5.

L 152/2

EN

Official Journal of the European Communities

24.6.2000

(6)

(7)

In view of international trade practice in respect of the
products or goods in question, certain tolerances should
be allowed with regard to the quantity of products
imported or exported as compared with the quantity
indicated on the licence or certificate.

So that several operations 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 the same effect as the licences and certificates
from which they are extracted.

(8) Under the Community rules governing the various sectors
covered by the common organisation of agricultural
markets, import and export licences and advance fixing
certificates are applicable to operations effected in the
Community. This arrangement 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 cooperation between Mem-
ber States.

these quantitative arrangements. The evidence in question
is supplied by producing copy 1 of the licence and, where
is possible to
appropriate, the extracts therefrom.
supply such evidence within a fairly short period. Such a
time limit should therefore be fixed for cases where the
Community rules on the licences used to administer
quantitative arrangements make reference thereto.

It

(13) In some cases the amount of security required for a
licence or certificate may be extremely small. In order to
reduce the administrative load, no security should be
required in such cases.

(14) Since in practice the person using a licence or certificate
may not be the holder or transferee, in the interests of
legal certainty and administrative efficiency it should be
specified which persons are authorised to use the certifica-
te or licence. The necessary link between the titular holder
and the person making the customs declaration should
be established to this end.

(9) The use of computerised procedures is gradually replacing
the manual
input of data in the different areas of
administrative activity. It should therefore also be possible
to use computerised and electronic procedures when
issuing and using licences and certificates.

(15) An import or export licence confers the right to import
or export and so it must be presented at the time when
the import or export declaration is accepted.

(10) The Community Regulations which introduced the
abovementioned licences and certificates provide that
they are to be issued subject to the lodging of a security
so as to guarantee that the undertaking to import or
export will be fulfilled during the period of their validity.
It is necessary to define when the undertaking to export
or import is fulfilled.

(16) When simplified import or export procedures are used,
the requirement to present the licence to the customs
authorities may be waived or the licence may be presented
subsequently. However, the importer or exporter must be
in possession of the licence on the date considered to be
that on which the import or export declaration is
accepted.

(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 special rules laid down for that purpose.
Therefore, where the component on which the refund
applicable to the mixture is calculated does not cor-
respond to the tariff classification of the mixture, such
imported or exported mixtures should not qualify for the
rate fixed in advance.

(17) In the interests of simplification, the rules may be made
more flexible so as to allow Member States to introduce
a simplified procedure for the administrative handling of
licences, under which licences are kept by the issuing
body or, where applicable, the paying agency in the case
of export licences with advance fixing of the refund.

(12) Import licences are sometimes used to administer quanti-
tative 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 produce evidence that licences
have been used is not merely in the interest of sound
administration but becomes essential for administering

(18) In the interest of sound administration,

licences or
certificates and extracts therefrom may not be amended
after issue. However, in cases of doubt relating to an error
attributable to the issuing body or to obvious inaccuracies
and concerning the items appearing on the licence,
certificate or extract, a procedure should be introduced
whereby inaccurate licences, certificates or extracts may
be withdrawn and corrected documents issued.

24.6.2000

EN

Official Journal of the European Communities

L 152/3

(19) Where a product is placed under one of the simplified
arrangements provided for in Part II, Title II, Chapter 7,
Section 3 of Commission Regulation (EEC) No 2454/93
of 2 July 1993 laying down provisions for the implemen-
tation of Council Regulation (EEC) No 2913/92 estab-
lishing the Community 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, no formalities
need to be carried out at the customs office of the
frontier station in cases where transit begins inside the
Community 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 control of the
party concerned, the document constituting proof of
departure from the Community’s customs territory can-
not be produced although the product has left the said
territory of, in the case of operations as specified in Article
36 of Commission Regulation (EC) No 800/1999 (3),
reached its destination. Such a situation may impede
trade. In such circumstances other documents should be
recognised as being equivalent.

(21) The Community Regulations which introduced the licen-
ces 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 only partly carried out, during the period
of validity of the licence or certificate. The action to be
taken in such circumstances should be specified in
in particular for cases where non-fulfilment of
detail,
undertakings is due to force majeure. In such cases the
obligation to import or export may be considered
cancelled or the period of validity of the licence or
certificate may be extended. However, in order to prevent
possible disruption of the market, that extension should
in any case be limited to a maximum of six months
calculated from the end of the original period of validity.

(22) In order to simplify administrative procedures, the securi-
ty 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
or certificates is to be released provided proof is supplied
to the competent 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
the obligation to import or export

reasons without

actually having been fulfilled. In such cases, the wrongly
released security should be relodged.

(25) In order to make full use of export possibilities for
agricultural products eligible for refunds, a mechanism
should be introduced to encourage operators to return
quickly any licences and certificates which they will not
be using to the issuing body. A mechanism should also
be introduced to encourage operator to return certificates
to the issuing body promptly after their expiry date so
that the unused quantities can be reused as quickly as
possible.

(26) Under Article 3(4) of Council Regulation (EEC, Euratom)
No 1182/71 of 3 June 1971 determining the rules appli-
cable to periods, dates and time limits (4), where the last
day of a period is a public holiday, Sunday or Saturday
the period ends with the expiry 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 to facilitate
trade, must not have the effect of changing the economic
conditions of the import or export operation.

(27) In some sectors of the common organisation of the
agricultural markets there is provision for a period of
reflection before export licences are issued. The purpose
of this period is to allow the market situation to be
assessed and, where appropriate, in particular where there
are difficulties,
to allow pending applications to be
suspended, which amounts to rejecting those applica-
tions. It should be specified that such suspension is also
possible in the case of licences applied for under Article
49 of
this Regulation and that once the period of
reflection has elapsed the licence 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 rules on licences and certifica-
tes have been complied with. Special rules should be laid
down for applying the system of licences and certificates
for products likely to qualify under these arrangements.

(29) Under Article 896 of Regulation (EEC) No 2454/93,
goods which are put into free circulation under an import
licence or advance-fixing certificate are eligible for the
system of repayment or remission of import duties only
where it is established that the necessary steps have been
taken by the competent authorities to cancel the effects
of putting those goods into free circulation as regard the
licence or certificate.

(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.

(4) OJ L 124, 8.6.1971, p. 1.

L 152/4

EN

Official Journal of the European Communities

24.6.2000

(30) Article 880 of Regulation (EEC) No 2454/93 lays down
certain detailed rules for applying Article 896 of that
Regulation, in particular that the authorities responsible
for issuing licences and certificates must provide confir-
mation.

(31) This Regulation should lay down all the rules necessary
for
implementing Article 896 of Regulation (EEC)
No 2454/93. In some cases it should be possible to
comply with Regulation (EEC) No 2454/93 without
recourse to the confirmation referred to in Article 880
thereof.

(32) Where an import licence covering an agricultural product
is also used to administer a tariff quota to which
preferential arrangements apply, such preferential arran-
gements are to apply to importers 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 preferential arrangements must
apply up to the quantity for which the licence or
certificate was issued. However,
in order to facilitate
imports, the tolerance provided for in Article 8(4) should
be permitted, provided that it is specified at the same
time that the part of the quantity exceeding that shown
on the licence or certificate but within the tolerance does
not qualify under the preferential arrangements and full
duty is payable thereon on import.

(33) The measures laid down in this Regulation are in
accordance with the opinions of all the management
committees concerned,

HAS ADOPTED THIS REGULATION:

TITLE I

SCOPE OF THE REGULATION

Article 1

Subject to certain exceptions laid down in Community rules
specific to certain products, this Regulation lays down com-
mon rules for implementing 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),

(1) OJ L 172, 30.9.1966, p. 3025/66.

— 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) (pig-

meat),

— 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) (oval-

bumin 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) (agri-
cultural 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),

— Article 14 of Council Regulation (EC) No 2467/98 (13)

(sheepmeat and goatmeat),

— Article 29 of Council Regulation (EC) No 1254/1999 (14)

(beef and veal),

— Article 26 of Council Regulation (EC) No 1255/1999 (15)

(milk and milk products),

— Article 59 of Council Regulation (EC) No 1493/1999 (16)

(wine),

— Article 13 of Council Regulation (EC) No 2038/1999 (17)

(sugar, isoglucose and inulin syrup).

(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.
(13) OJ L 304, 14.11.1998, p. 21.
(14) OJ L 160, 26.6.1999, p. 21.
(15) OJ L 160, 26.6.1999, p. 48.
(16) OJ L 179, 14.7.1999, p. 1.
(17) OJ L 252, 25.9.1999, p. 1.

24.6.2000

EN

Official Journal of the European Communities

L 152/5

TITLE II

AREA OF APPLICATION OF LICENCES AND CERTIFICATES

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
the relevant customs duties or charges having

of
equivalent effect, or

— under special arrangements which allow export free of
export duties, as referred to in Article 129 of Regula-
tion (EEC) No 2913/92.

Article 3

1. Where products which are subject to inward-processing
arrangements and which do not contain basic products as
referred to in paragraph 2(a) are placed in free circulation,
then, in so far as the products actually placed in free circulation
are subject to an import licence, 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 their incorporation in the products put into free
circulation, and

4.
On exportation of a product subject to either of the
arrangements referred to in paragraph 1 and containing one
or more of the basic products referred to in paragraph 2(a),
then for each such basic product, being a product subject to
an export licence, such licence shall be produced.

However, subject to the third subparagraph concerning the
advance fixing of refunds, an export licence shall not be
required when the product actually exported is not subject to
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, the customs status of each such component
shall be the sole element to be taken 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 that applicable 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 that applicable to the processed product placed under
such arrangement.

3. Where the product to be exported is covered by Regula-
tion (EC) No 1222/94, the certificate provided for in that
Regulation shall be presented in the situations referred to in
paragraphs 1 and 2 of this Article.

Article 5

A licence shall not be required and may not be produced

1.
for the purposes of operations:

— as specified in Articles 36, 40, 44, 45 and 46(1) of

(b) one or more basic products which did not come within

Regulation (EC) No 800/1999, or

the terms of Article 23(2) of the Treaty,

are placed in free circulation then, notwithstanding Artic-
le 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 be produced.

However, an import licence shall not be required where the
product actually placed in free circulation is not subject to
such a licence.

— of a non-commercial nature, or

— referred to in Regulation (EEC) No 918/83, or

— relating to quantities not exceeding those set out

in

Annex III.

Notwithstanding the first subparagraph, a licence must be
produced when the import or export is being made under
preferential arrangements which are granted by means of the
licence.

The import licence or licences produced when a product
3.
as referred to in paragraph 1 or 2 is placed in free circulation
may not provide for advance fixing.

(1) OJ L 62, 7.3.1980, p. 5.

L 152/6

EN

Official Journal of the European Communities

24.6.2000

Member States shall take precautions against abuse when
applying this paragraph, in particular when a single import or
export operation is covered by more than one import or
export declaration which are manifestly unwarranted for
economic or other purposes.

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 export refund or levy
shall not be permitted.

For the purposes of paragraph 1, ‘operations of a non-

2.
commercial nature’ means:

(a)

imports by or consigned to private individuals, provided
that such operations satisfy the requirements of Sec-
tion II(D)(2) of the preliminary provisions of the Combined
Nomenclature;

(b) exports by private individuals, provided that such opera-
tions 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 or groups of private individuals with a view
to their free distribution for humanitarian aid purposes in third
countries where all the following conditions are met:

(a) no refund is applied for by the parties which wish to

benefit from this exemption;

TITLE III

GENERAL PROVISIONS

S e c t i o n 1

Scope of licences, certificates and extracts

Article 8

The import or export licence shall constitute authorisa-
1.
tion and give rise to an obligation respectively to import or to
export under the licence, and, except in cases of force majeure,
during its period of validity, the specified quantity of the
products or goods concerned.

(b) such consignments are occasional

in nature, comprise
varied products and/or goods and do not exceed a total of
30 000 kg per means of transport; and

The obligations referred to in this paragraph shall be primary
requirements within the meaning of Article 20 of Commission
Regulation (EEC) No 2220/85 (1).

(c) the competent authorities have sufficient proof as to the
destination and/or use of the products and/or goods and
the proper execution of the operation.

The following indication shall be inserted in Section 44 of the
export declaration: ‘No refund — Article 5(3) of Regulation
(EC) No 1291/2000’

Article 6

A licence or certificate shall not be required and may not be
produced when products are placed in free circulation under
Title VI, Chapter 2 of Regulation (EEC) No 2913/92 governing
the treatment of returned goods.

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 which the exporter provides proof that a
favourable decision for repayment or remission of import
duties has been given in respect of such products under
Title VII, Chapter 5 of Regulation (EEC) No 2913/92.

2.
An export licence fixing the export refund in advance
shall give rise to an obligation to export the specified quantity
of the relevant product under the licence and, except in cases
of 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.

In the cases specified in Article 49 of this Regulation and
3.
in cases where such requirement is provided for in the specific
Community rules for the relevant sector, the issue of a licence
or certificate shall give rise to an obligation to import form or
export to the country or group of countries specified therein.

(1) OJ L 205, 3.8.1985, p. 5.

24.6.2000

EN

Official Journal of the European Communities

L 152/7

4. Where the quantity imported or exported is greater by
not more than 5 % than the quantity indicated in the licence
or certificate, it shall be considered to have been imported or
exported under that licence or certificate.

5. Where the quantity imported or exported is less by not
more than 5 % than the quantity indicated in the licence or
certificate, the obligation to import or export shall be conside-
red to have been fulfilled.

For the purposes of paragraphs 4 and 5, if the licence or
6.
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 whole number of head.

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 the agency or agencies designated by each
Member State shall enter the following on the licence or
certificate or where appropriate the extract therefrom:

— the name and address of the transferee or the entry referred

to in paragraph 2,

— the date of such entry certified by the stamp of the body

or agency.

The transfer or transfer back to the titular holder shall

4.
take effect from the date of the entry.

of Regulation

under Article 3(4)

7. Where,
(EEC)
No 1182/71, a licence or certificate fixing the export levy or
export refund in advance is used on the first working day
following the last day of its normal period of validity, the
licence or certificate shall be considered to have been used on
the last day of its normal period of validity for the purposes of
the amounts fixed in advance.

Article 10

Extracts from licences or certificates shall have the same legal
effects as the licences or certificates from which they are
extracted, within the limits of the quantity in respect of which
such extracts are issued.

Article 9

Article 11

1.
Obligations deriving from licences or certificates shall
not be transferable. Rights deriving from licences or certificates
shall be transferable by their titular holder during the period
of its validity. Such transfer may be made in favour of a single
transferee only for each licence 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:

— retrocesio´ n al titular el ...

— tilbageføring til indehaveren den ...

— Rückübertragung auf den Lizenzinhaber am ...

— εκ νε΄ου παραχω΄ρηση στο δικαιου΄χο στις ...

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 Member States.

Article 12

1. When a licence fixing the refund in advance is used to
export a mixture, such mixture shall not be eligible on export
for the rate so fixed in advance where the tariff classification
of the constituent 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 shall apply only to the component which has the
same tariff classification as the set.

— rights transferred back to the titular holder on [date]

S e c t i o n 2

— rétrocession au titulaire le ...

— retrocessione al titolare in data ...

— aan de titularis geretrocedeerd op ...

— retrocessa˜o ao titular em ...

— palautus todistuksenhaltijalle ...

— återbördad till licensinnehavaren den ...

Application for and issue of licences and certificates

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 printed and/or made out in accordance with
Article 18.

L 152/8

EN

Official Journal of the European Communities

24.6.2000

However, competent bodies may accept written telecommuni-
cations and electronic messages as valid applications, provided
they include all the information 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 or made out in
accordance with Article 18, forwarded or delivered direct to
the competent body; in such cases the date on which the
written telecommunication or electronic message reached the
competent body shall be taken as the day the application is
lodged. This requirement shall not affect
the validity of
applications forwarded by written telecommunication or
electronic message.

Where applications for licences or certificates are submitted
electronically, the competent authorities of the Member State
shall determine how the handwritten signature is to be replaced
by another method, which might be based on the use of codes.

Applications for licences and certificates may be cancel-
2.
led only by letter, written telecommunication or electronic
message received by the competent body, except in cases of
force majeure, 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 product taken from the nomenclature of
agricultural products for use with export refunds.

However, where the rate of refund is the same or several codes
in the same category, to be determined in accordance with the
procedure laid down in Article 38 of Regulation No 136/66/
EEC and the corresponding Articles of the other Regulations
governing market organisations, these codes may be entered
together on licence applications and on the licences them-
selves.

Where rates of refund are differentiated according to destina-
tion, the country or area of destination, as the case may be,
must be indicated in Section 7 both on applications and on
the licences themselves.

Without prejudice to the first paragraph, where a product
group as referred to in the second indent of
the first
subparagraph of Article 4(2) of Regulation (EC) No 800/1999
is defined, the product codes belonging to the group may be
entered in Section 22 of licence applications and licences,
preceded by the statement:
‘product group referred to in
Article 4(2) of Regulation (EC) No 800/1999’.

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 applica-
tion 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 an intervention agency, no security shall be
required.

4. Where Member States avail themselves of the options
referred to in Article 5 of Regulation (EEC) No 2220/85, the
amount of the security shall be claimed on expiry of the time
limit of two months following the date on which the validity
of the licence expires.

5.
No security shall be required in the case of export
licences issued in respect of exports to third countries in
connection with non-Community food-aid operations conduc-
ted by humanitarian agencies approved for that purpose by
the exporting Member State. The Member State shall inform
the Commission immediately of such approved humanitarian
agencies.

6. Where paragraphs 3 to 5 are applied, the last subpa-
ragraph of Article 5(1) shall apply mutatis mutandis.

Article 16

Applications for licences and licences with or without advance
fixing of the refund which are drawn up in connection with a
food-aid operation within the meaning of Article 10(4) of the
Agreement on Agriculture concluded as part of the Uruguay
Round of multilateral trade negotiations shall contain,
in
section 20, at least one of the following wordings:

— Certificado GATT — Ayuda alimentaria

— GATT-licens — fødevarehjælp

— GATT-Lizenz, Nahrungsmittelhilfe

— Πιστοποιητικο΄ GATT — επισιτιστικη΄ βοη΄θεια

— Licence under GATT — food aid

— Certificat GATT — aide alimentaire

— Titolo GATT — Aiuto alimentare

— GATT-certificaat — Voedselhulp

Article 15

— Certificado GATT — ajuda alimentar

Applications containing conditions not provided for in

1.
Community rules shall be refused.

— GATT-todistus — elintarvikeapu

— GATT-licens — livsmedelsbistånd

24.6.2000

EN

Official Journal of the European Communities

L 152/9

The country of destination must be indicated in Section 7.
This licence is valid only for exports in the context of such
food-aid operations.

Forms for extracts of licences or certificates shall be made up
in sets containing copy No 1 and copy No 2, in that order.

Article 17

1.
The day an application for a licence or certificate is
lodged means the day on which it is received by the competent
body, provided it is received not later than 1 p.m., regardless
of whether the application is delivered direct to the competent
body or forwarded to it by letter or written telecommunication
or electronic message.

An application for a licence or certificate received by the
2.
competent authority either on a Saturday, a Sunday or a
holiday or after 1 p.m. on a working day shall be deemed to
have been lodged on the first working day following the day
on which it was in fact received.

3. Where a period of a specified number of days is laid
down for the lodging of applications for licences or certificates
and where the last day of the period falls on a Saturday, a
Sunday or a holiday, the period in question shall end on the
first following working day at 1 p.m.

However, such extensions shall not be taken into account for
the purpose of calculating the amounts fixed in the licence or
certificate or for determining its period of validity.

The time limits specified in this Regulation are in Belgian

4.
local time.

3.
Forms, including extension pages, shall be printed to
white paper free of mechanical pulp, dressed for writing and
weighing at least 40 grams per square metre. Their size shall
be 210 × 297 mm, the permitted 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 copy No 1 and
the side of the extension pages on which the attributions must
appear shall
in addition have a printed guilloche pattern
background so as to reveal any falsification by mechanical or
chemical means. The guilloche background shall be green for
forms relating to imports and sepia brown for forms relating
to exports.

4. Member States shall be responsible for having the forms
printed. The forms may also be printed by printers appointed
by the Member State in which they are established. In the latter
case, reference tot he approval by the Member State must
appear on each form. Each form shall bear an indication of the
printer’s name and address or a mark enabling the printer to
be identified and, except for the application form and extension
pages, an individual serial number. The number shall be
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 the Netherlands, ‘PT’ for Portugal, ‘SE’
for Sweden and ‘UK’ for the United Kingdom.

Article 18

At the time of their issue licences or certificates and extracts
may bear an issue number allocated by the issuing body.

1. Without prejudice to the second subparagraph of Ar-
ticle 13(1) and Article 19(1), applications for licences or
certificates,
licences and certificates and extracts therefrom
shall be drawn up on forms conforming to the specimens set
out in Annex I. Such forms must be completed following the
instructions given therein and in accordance with the specific
Community provisions applicable to the relevant product
sector.

2.
Licence and certificate forms shall be made up in sets
containing copy No 1, copy No 2 and the application, together
with any 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, the quantity applied for and the
amount of the security relating thereto must be entered only
on the application form.

5.
Application, licences and certificates and extracts shall
be completed in typescript or by computerised means. They
shall be printed and completed in one of the official languages
of the Community, as specified by the competent authorities
of the issuing Member State. However, Member States may
allow applications only to be hand-written in ink and in block
capitals.

The stamps of issuing bodies and attributing authorities
6.
shall be applied by means of a metal stamp, preferably made
of steel. However, an embossing press combined with letters
or figures obtained by means of perforation may be substituted
for the issuing body’s stamp.

7.
The competent authorities of the Member States concer-
ned may, where necessary, require licences or certificates and
extracts therefrom to be translated into the official language or
one of the official languages of that Member State.

L 152/10

EN

Official Journal of the European Communities

24.6.2000

Article 19

1. Without prejudice to Article 18, licences and certificates
may be issued and used using computerised systems in
accordance with detailed rules laid down by the competent
authorities. They are known hereinafter as ‘electronic licences
and certificates’.

The content of electronic licences and certificates must be
identical to that of licences and certificates on paper.

2. Where titular holders or transferees of
licences or
certificates need to use the electronic form thereof in a Member
State which is not linked to the computerised issuing system,
they shall request 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.

The security lodged in respect of the quantity for which a
licence or certificate has not been issued shall be released
forthwith.

Article 22

On application by the titular holder of the licence or
1.
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 the agency or agencies
designated by each Member State.

Extracts shall be drawn up in at least two copies, the first of
which, called ‘holder’s copy’ and marked ‘No 1’, shall be
supplied or addressed to the applicant and the second, called
‘issuing body’s copy’ and marked ‘No 2’, shall be retained by
the issuing body.

The body issuing the extract shall, on copy No 1 of the licence
or 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.

Article 20

No further extract may be made of an extract of a licence

2.
or certificate.

1. Where the amounts resulting from the conversion of
euro into sums in national currency to be entered on licences
or certificates contain three or more decimal places, only the
first two shall be given. In such cases, where the third place is
five or more the second place shall be rounded up to the next
unit, and where the third place is less than five the second
place shall remain the same.

2.
However, where amounts expressed in euro are conver-
ted into pounds sterling, the reference to the first two decimal
places in paragraph 1 shall be read as a reference to the first
four decimal places. In such cases, where the fifth place is five
or more the fourth 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’, shall be supplied without delay to
the applicant and the second, called ‘issuing body’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.

Copy No 1 of an extract which has been used or which
3.
is out of date shall be returned by the titular holder to the
body which issued the licence 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 appearing on copy No 1 of the
extract.

Article 23

1.
For the purpose of determining their period of validity,
licences and certificates shall be considered to have been issued
on the day on which 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 until their
actual issue.

It may be specified that a licence or certificate is to
2.
become valid on its actual day of issue, in which case that day
shall be included in the calculation of its period of validity.

S e c t i o n 3

Use of licences and certificates

Article 24

Copy No 1 of the licence of certificate shall be submitted

1.
to the customs office which accepted:

(a)

in the case of an import licence, the declaration of release
for free circulation;

24.6.2000

EN

Official Journal of the European Communities

L 152/11

(b) in the case of an export licence or of a certificate of
advance fixing of the refund, the declaration relating to:

The date of the entry shall be considered as the date of
acceptance of the declaration referred to in Article 24(1).

— export, or

— one of the supplies specified in Articles 36 and 44 of

Regulation (EC) No 800/1999, or

— the placing of products under the arrangements provi-
ded for in Article 40 of Regulation (EC) No 800/1999,
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, where applicable, the transferee of the licence
or certificate, or their representative within the meaning of
Article 5(2) of Regulation (EEC) No 2913/92.

2.
Copy No 1 of the licence or certificate shall be presented,
or held at the disposal of the customs authorities, at the time
of acceptance of the 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 returned to the party concerned. However, Member
States may require or allow the party concerned to make the
entry on the licence or certificate; in all 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 licence or
certificate has been issued.

Article 25

Notwithstanding Article 24, a Member State may allow
1.
the licence or certificate to be submitted to the issuing body
or, where applicable, to the authority responsible for payment
of the refund.

2.
The Member State concerned shall determine the cases
in which paragraph 1 shall apply and the conditions to be met
by the party concerned in order to benefit from the procedure
laid down in that paragraph. Moreover, the provisions adopted
by that Member State must ensure equal treatment for all
certificates issued within the Community.

The Member State shall decide which authority is to

3.
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 the exported quantities has been generated by
computer. This document must be attached to the certificate
and field with it, except where there is a computerised checking
system.

4.
At the time of acceptance of the customs declaration, the
party concerned must indicate on the declaration document
that this Article applies and quote the reference number of
licence or certificate to be used.

In the case of a licence or certificate authorising import
5.
or export, the goods may be released only if the competent
authority has informed the customs office referred to in
Article 24(1) that the licence or certificate indicated on the
customs document is valid for 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 an export licence fixing in advance the
export refund, if, as the result of an error, the document used
during export to prove eligibility for a refund makes no
mention of this Article and/or the number of the licence or
certificate, 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,
is in the possession of the authority
responsible for payment of the refund;

(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

Entries made on licences, certificates or extracts may not

1.
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 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 withdraw the extract or the licence or certificate as well
as any extracts previously issued and shall issue without delay
either a corrected extract or a corrected licence or certificate
and the corrected extracts corresponding thereto. On such
further documents, which shall include the entry ‘licence (or
certificate) corrected on ...’ or ‘extract corrected on ...’, any
former entries shall be reproduced on each copy.

L 152/12

EN

Official Journal of the European Communities

24.6.2000

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 on request give the party concerned
a receipt.

3. Member States shall communicate to the Commission
the names and addresses of the bodies which issue licences or
certificates and extracts therefrom, collect export levies and
pay export refunds. The Commission shall publish this infor-
mation in the Officiel 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 presses used by authorities empowered to act.
The Commission shall immediately inform the other Member
States thereof.

S e c t i o n 4

Release of securities

Article 31

Article 28

As regards the period of validity of licences and certificates:

Where the space reserved for entries on licences, certificates or
extracts therefrom is insufficient, the authorities making the
entries may attach thereto one or more extension pages
containing spaces for entries as shown on the back of copy
No 1 of
the said licences, certificates or extracts. These
authorities shall so place their stamp that one half is on the
licence, certificate or extract therefrom and the other on the
extension page, and for each further extension page issued a
further stamp shall be placed in like manner across such page
and the preceding page.

(a) the obligation to import shall be considered to have been
fulfilled and the right to import under the licence or
certificate shall be considered to have been exercised on
the day the declaration referred to in Article 24(1)(a) is
accepted, subject always to the product 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 be considered to have been exercised on
the day when the declaration referred to in Article 24(1)(b)
is accepted.

Article 29

Article 32

1. Where there is doubt concerning the authenticity of a
licence, certificate or extract, or entries or endorsements
thereon, the competent national authorities shall return the
questionable document, or a photocopy thereof, to the authori-
ties 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.

Fulfilment of a primary requirement shall be demonstra-

1.
ted 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:

2. Where a questionable document is returned in accordan-
ce with paragraph 1, the competent national authorities shall
on request give a receipt to the party concerned.

(i)

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 this Regulation.

in other cases,

in the case of either export or supplies treated as
exports within the meaning of Article 36 of Regulation
(EC) No 800/1999, proof shall be required that the
product has, within 60 days from the day of acceptance
of the export, declaration, unless prevented by force
majeure, either, in the case of supplies treated as exports,
left the
reached its destination or,
Community’s customs territory. For the purposes of
this Regulation, deliveries of any products intended
solely for consumption on board drilling or extraction
including workpoints providing support
platforms,
services for such operations, situated within the area
of the European continental shelf, or within the area of
the continental shelf of the non-European part of the
Community, by beyond a three-mile zone starting
form the baseline used to determine the width of a
Member State’s territorial sea, shall be deemed to have
left the customs territory of the Community;

24.6.2000

EN

Official Journal of the European Communities

L 152/13

(ii) in cases where products have been placed under
the victualling warehouse procedure provided for in
Article 40 of Regulation (EC) No 800/1999, evidence
shall be required that the product has, within 30 day
of acceptance of the declaration of its placement 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 the first 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 arrange-
ments provided for in Articles 4 and 5 of Regulation (EEC)
No 565/80, the primary requirement shall be deemed to be
fulfilled by the production of proof that the payment declara-
tion required for so placing the products has been accepted;
however, the security thereby released shall be renewed in
accordance with Article 47 of this Regulation where that
Article so requires.

Article 33

The proof required under Article 32 shall be furnished

1.
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 1 of the extract or extracts from the
licence or certificate, endorsed as provided for in Article 24
or Article 25;

(b) in the cases referred to in Article 32(1)(b) and (2), and
subject to paragraph 2, by production of copy No 1 of the
licence or certificate and, where applicable, of copy No 1
of the extract or extracts of the licence or certificate,
endorsed as provided for in Article 24 or Article 25.

2.
Furthermore, in the case of export from the Community
or of supplies to a destination within the meaning of Article 36
of Regulation (EC) No 800/1999 or the placing of products
under the arrangements provided for in Article 40 of that
Regulation, additional proof shall be required.

Such additional proof:

(iii) the product:

— left the Community’s customs territory. For the
purposes of this Regulation deliveries of any pro-
ducts intended solely for consumption on board
drilling or extraction platforms, including workpo-
ints providing support services for such operations,
situated within the area of the European continental
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 determine the width of a Member State’s
territorial sea, shall be deemed to have left the
Community’s customs territory,

— is delivered to one of the destinations listed in
Article 36 of Regulation (EC) No 800/1999, or

— is placed in a victualling warehouse under Artic-

le 40 of Regulation (EC) No 800/1999,

(b) in all other cases, the additional proof shall be furnished

by:

— production of the control copy T 5 or copies referred
to in Article 472 of Commission Regulation (EEC)
No 2454/93 or a certified copy or photocopy of such
control copy T 5 or copies, or

— an attestation given by the agency responsible for
the conditions of Artic-

paying the refund that
le 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 control copy shall contain
in section 106 one of the following entries:

— Se utilizara´ par liberar la garantı´a

— Til brug ved frigivelse af sikkerhed

— Zu verwenden für die Freistellung der Sicherheit

— προς χρησιµοποι΄ηση για την αποδε΄σµευση της ασφα΄λειας

— To be used to release the security

— A` 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

(a) where the following operations take place within the
Member State in question, such additional proof shall be
left to the choice of the Member State in which:

— Käytettäväksi vakuuden vapauttamiseen

— Att användas för frisläppande av säkerhet

(i)

the licence or certificate is issued;

(ii) the declaration referred to in Article 24(1)(b) is accep-

ted, and

However,
if an extract of a licence or certificate, a
replacement licence or certificate or a replacement extract
is used, the abovementioned entry shall also state the
number of the original licence or certificate and the name
and address of the issuing body.

L 152/14

EN

Official Journal of the European Communities

24.6.2000

The documents referred to in the first and second indents
of paragraph 2(b) shall be sent to the issuing body through
official channels.

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 the simplified arrangements provided for
in Part II, Title II, Chapter 7, Section 3, of Regulation (EC)
No 2454/93 or in Title X, Chapter I, of Appendix I to the
Convention of 20 May 1987 on a common transit procedure
for carriage to a station-of-destination or delivery to a con-
signee outside the Community’s customs territory, the T 5
control copy required under paragraph 2(b) shall be sent
through official channels to the issuing body. One of the
following forms of wording shall 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 tra´nsito comunitario simplificado por ferro-
carril o en contenedores grandes

— Udgang fra Fællesskabets toldområde i henhold til ordnin-
gen for den forenklede procedure for fællesskabsforsendel-
se med jernbane eller store containere

— Ausgang aus dem Zollgebiet der Gemeinschaft im Rahmen
des vereinfachten gemeinschaftlichen Versandverfahrens
mit der Eisenbahn oder in Großbehältern

— 'Εξοδος απο΄ το τελωνειακο΄ ε΄δαφος της κοινο΄τητας υπο΄ το
απλοποιηµε΄νο καθεστω΄ς της κοινοτικη΄ς διαµετακο΄µισης µε
σιδηρο΄δροµο η΄ µεγα΄λα εµπορευµατοκιβω΄τια

— Exit from the customs territory of the Community under
the simplified Community transit procedure for carriage
by rail or large containers

— 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 grote containers

— Saı´da do territo´ rio aduaneiro da Comunidade ao abrigo do
regime do trânsito comunita´rio simplificado por caminho-
-de-ferro ou em grandes contentores

In the case referred to in the preceding subparagraph, the
office of departure may permit the contract of carriage to be
amended so that carriage 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 control copy referred to in paragraph 2(b)
cannot be produced within three months following its issue
owing to circumstances beyond the control of the party
concerned, the latter may apply to the competent body for
other documents to be accepted as equivalent, stating the
grounds for such application and furnishing supporting docu-
ments.

The supporting documents to be submitted with the applica-
tion shall be those specified in the second subparagraph of
Article 49(3) of Regulation (EC) No 800/1999.

Article 34

the purposes of Article 37 of Regulation (EC)
For
No 800/1999, the last day of the month shall be taken to be
the day of acceptance of the declaration referred to in the
second indent of Article 24(1)(b).

Article 35

On application by the titular holder, Member States may
1.
release the security by instalments in proportion to the
quantities of products for which proof as referred to in
Article 32 has been produced, provided that proof has been
produced that a quantity equal to at least 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 equal to the difference
between:

(a) 95 % of the quantity indicated in the licence or certificate,

and

— Vienti yhteisön tullialueelta yhteisön yksinkertaistetussa
passitusmenettelyssä rautateitse tai suurissa konteissa

(b) the quantity actually imported or exported.

— Utförsel från gemenskapens tullområde enligt det förenkla-
de transiteringsförfarandet för järnvägstransporter eller
transporter i stora containrar

If the licence is issued on a headage basis, the result of the
95 % calculation referred to above shall, where applicable, be
rounded off to the next lesser whole number of head.

24.6.2000

EN

Official Journal of the European Communities

L 152/15

However, if the quantity imported or exported amounts to less
than 5 % of the quantity indicated in the licence or certificate,
the whole of the security shall be forfeit.

— by 50 % if the proof is provided in the fourth
month following the date of expiry of the
licence or certificate,

Furthermore, if the total amount of the security which would
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 the operator 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 initial two thirds of its term
of validity, the corresponding 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 by 25 %.

The above subparagraph shall apply only to licences and
extracts thereof returned to the issuing body during the GATT
year for which the licences have been issued and provided that
they are returned more than 30 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 the arrangements provided for in Ar-
ticle 40 of that Regulation, as referred to in
Article 33(2), must
be produced within
12 months of the expiry of the licence or
certificate, unless this is impossible for reasons
of force majeure.

(b) The amount to be forfeited in respect of quantities
for which proof concerning the export licence with
advance fixing of the refund 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 30 % if the proof is provided in the fifth
month following the date of expiry of the
licence or certificate,

— by 20 % if the proof is provided in the sixth
month following the date of expiry of the
licence or certificate.

(c)

In cases other than in point (b), the amount to be
forfeited in respect of quantities for which proof
is not provided within the time limit set
in
subparagraph (a) and at the latest in the 24th
month following the date of expiry of the licence
or certificate shall be 15 % of the amount which
would have been forfeited completely if the pro-
ducts had not been imported or exported; where,
for a given product, there are licences or certificates
with different levels of security, the lowest rate
applicable to imports or exports shall be used to
calculate the amount to be forfeited.

(d) The competent authorities may waive the obliga-
tion 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 the product has reached a specified destination, that
proof must be produced in 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 under Article 16 of Regulation (EC)
No 800/1999 cannot be submitted within the prescribed
period although the exporter has acted with all due diligence
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 not-
withstanding, the proof of utilisation of the licence as referred
to in Article 33(1)(a) must be produced within 45 days of
expiry of the licence, unless this is impossible for reasons of
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 of the security as indicated in the licence
shall be forfeit by way of a flat-rate deduction;

L 152/16

EN

Official Journal of the European Communities

24.6.2000

(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 time limit for provision of proof is
exceeded.

S e c t i o n 5

Loss of licences and certificates

Article 36

This Article shall apply where an export refund greater
1.
than zero has been fixed in advance and the relevant licence
or certificate or extract therefrom is lost.

The body issuing the licence or certificate shall issue at
2.
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 a replacement extract,
subject to the second subparagraph.

The competent authorities in the Member States may refuse to
issue a replacement licence or certificate or a replacement
extract if:

— the character of the applicant is not such as to guarantee
that the aims of this Article will be respected; in each
Member State this power shall be exercised in accordance
with the principles currently applicable 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.

A refund determined in the context of a tendering

3.
procedure shall be considered a refund fixed in advance.

4.
A replacement licence, certificate or extract shall contain
the information and entries appearing on the document which
it replaces. It shall be issued for a quantity of goods which,
with the addition of the tolerance margin, is equal to the
available quantity as shown on the lost document. Applicants
shall specify that quantity in writing. Where information 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 replacement extract:

— Certificado (o extracto) de sustiticio´ n de un certificado (o

extracto) perdido. Nu´ mero del certificado 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 ...

— Πιστοποιητικο΄
απολεσθε΄ντος
πιστοποιητικου΄) απιθ ...

απο΄σπασµα)

(η΄
πστοποιητικου΄

αντικαστα΄σεως
(η΄

του
αποσπασµατος

— Replacement licence (certificate or extract) of a lost licence
(certificate or extract). Number of original licence (certifica-
te) ...

— 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
(of uittreksel). Nummer van het

gegaan certificaat
oorspronkelijke certificaat ...

— Certificado (ou extracto) de substituiça˜o de um certificado
(ou extracto) perdido. Nu´ mero 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 be issued.

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 be calculated by multiplying:

— the rate of the refund fixed in advance or, where applicable,
the highest rate of refund for the destinations covered, plus
20 %,

by

— the quantity for which the replacement licence, certificate

or extract is to be issued, plus the tolerance margin.

The amount by which the security is increased shall not be less
than EUR 3 per 100 kilograms net weight. The security shall
be lodged with the body which issued the original licence or
certificate.

6. Where the quantity of products exported under a licence
or certificate and the replacement licence or certificate, or
under an extract and the replacement extract, is greater than
that which could have been exported under the original
the security referred to in
licence, certificate or extract,
paragraph 5 corresponding to the excess quantity shall be
forfeit, the refund being treated thereby as recovered.

24.6.2000

EN

Official Journal of the European Communities

L 152/17

In addition,

7.
in cases where paragraph 6 applies and
where an export levy applies on the date of acceptance of the
for the excess
declaration referred to in Article 24(1)(b)
quantity, the export levy applicable on that day shall be
collected.

The excess quantity:

— shall be determined in accordance with paragraph 6,

— shall be that for which the most recent declaration was
accepted under the original licence or certificate, an extract
of the original licence or certificate, a replacement licence
or certificate, or a replacement extract. In cases where the
quantity of the last export is less than the excess quantity,
the export or exports immediately preceding shall be taken
into account until the stage is reached where the excess
quantity has been covered.

Article 3(1) of Commission Regulation (EEC) No 120/89 (1)
shall not apply to the cases covered in this paragraph.

In so far as the security referred to in paragraph 5 has
8.
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 replacement licence, certificace or extract. If in such
a case the quantity available shown on the original licence,
certificate or extract is equal to or larger than 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
tolerance margin, 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 original
licence or certificate shall be
inserted in section 105 of the control copy T 5. Where an
extract of a licence or certificate, a replacement licence or
certificate, or a replacement extract is used, the number of the
original licence or certificate shall be inserted in section 106
of the control copy T 5.

(1) OJ L 16, 20.1.1989, p. 19.

Article 37

1. With the exception of the cases referred to in para-
graph 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 issue of licences or certificates is
effected within the framework of a quantitative quota.

2. Where the holder or transferee of an import or export
licence or advance fixing certificate is able to prove to the
satisfaction of the competent authority both that the licence
or certificate or an extract therefrom has not been used wholly
or in part and that it can no longer be used, particularly
because it has been totally or partially destroyed, the body
which issued the original licence or certificate shall issue a
replacement
for a quantity
of goods,
including the tolerance margin where necessary,
equalling the quantity remaining available. In this case the first
sentence of Article 36(4) shall apply.

licence, certificate or extract

Article 38

Member States shall at quarterly intervals inform the Commis-
sion of:

(a) the number of replacement licences, certificates or extracts

issued during the previous quarter

— by virtue of Article 36,

— by virtue of Article 37;

(b) the nature and quantity of the goods concerned and the
rate of any export refund or export levy fixed in advance.

The Commission shall forward that information to the other
Member States.

Article 39

1. Where a licence or certificate or extract therefrom is lost,
and the lost document has been used wholly or in part, issuing
bodies may, exceptionally, supply the party concerned with a
duplicate thereof, drawn up and endorsed in the same way as
the original document and clearly marked ‘duplicate’ on each
copy.

Duplicates may not be used to carry out import or

2.
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 Member State in which the offices
are situated.

L 152/18

EN

Official Journal of the European Communities

24.6.2000

The competent authority shall make entries on and

4.
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 or releasing the security.

S e c t i o n 6

Force majeure

Article 40

1. Where, as a result of an event which the operator regards
import or export cannot be
as constituting force majeure,
effected during the period of validity of
the licence or
certificate, the titular holder shall apply to the competent body
of the Member State of issue either for the period of validity of
the licence or certificate to be extended or for the licence or
certificate to be cancelled. Operators shall provide proof of the
circumstance which they consider to constitute force majeure
within six monts of the expirty of the period of validity of the
licence.

Where they are unable to produce proof within that time-limit
despite having acted with all due diligence to obtain and
forward it, they may be granted further time.

2.
Requests to extend the period of validity of a licence or
certificate received more than 30 days after the expiry of such
period of validity shall be refused.

3. Where circumstances relied on as constituting force
majeure relate to the exporting country and/or the country of
origin, in the case of imports, or to the importing countring,
in the case of exports, such circumstances may be accepted as
such only if the issuing body or another official agency in the
same Member State was notified as to the countries concerned
in good time and in writing.

Notification of the exporting country, country of origin or
importing country shall be considered as having been made in
good time if the circumstances 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 force
majeure, the competent body of the Member State in which the
licence or certificate was issued shall decide either that the
obligation to import or export be cancelled and the security
released, or that the period of validity of the licence or

certificate be extended for such period as may be considered
necessary 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 days after 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 paid out or
greater than the current rate in the case of amounts to be
collected.

The decision to cancel or extend the licence shall relate
3.
only to the quantity of product which could not be imported
or exported as a result of force 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 validi-
ty of a licence involving advance fixing is extended, the rights
arising from that licence shall not be transferable. However,
where the circumstances of the case in question so warrant,
such transfer shall be autorised when requested at the same
time as the extension.

The Member State to which the competent body belongs
6.
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 force majeure, an operator has
applied for the period of validity of a licence involving advance
fixing of the export levy or export refund to be extended and
the competent body has not 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,

— Section 20 thereof shall contain one of the following

entries:

— Certificado emitido en las condiciones del artı´culo 42
del Reglamento (CE) no 1291/2000; certificado inicial
no ...

24.6.2000

EN

Official Journal of the European Communities

L 152/19

— Licens udstedt på de i artikel 42 i forordning (EF)
nr. 1291/2000 fastsatte betingelser; oprindelig licens
nr. ...

— Unter den Bedingungen von Artikel 42 der Verordnung
(EG) Nr. 1291/2000 erteilte Lizenz; ursprüngliche
Lizenz Nr. ...

— Πιστοποιητικο΄ που εκδι΄δεται υπο΄ τους ο΄ρους του α΄ρθρου
42 του κανονισµου΄ (ΕΚ) αριθ 1291/2000 αρχικο΄
πιστοποιητικο΄ αριθ. ...

— License issued in accordance with Article 42 of Regula-

tion (EC) No 1291/2000; original licence No ...

— Certificat émis dans les conditions de l’article 42 du
règlement (CE) no 1291/2000; certificat initial no ...

— Titolo rilasciato alle condizioni dell’articolo 42 del
regolamento (CE n. 1291/2000; titolo originale n. ...

— Certificaat afgegeven overeenkomstig artikel 42 van
Verordening (EG) nr. 1291/2000; oorspronkelijk certi-
ficaat nr. ...

— Certificado emitido nas condiço˜ es previsatas no arti-
go 42g do Regulamento (CE) n.o 1291/2000; certifica-
do inicial n.o ...

— Todistus myönnetty asetuksen (EY) N:o 1291/2000
42 artiklan mukaisesti; alkuperäinen todistus N:o ...

— Licens utfärdad i enlighet med artikel 42 i förordning

(EG) nr 1291/2000; ursprunglig licens nr ... .

2. Where the comptetent body decides to extend the period
of validity of the first licence:

(a) the quantity for which the second licence was used shall

be entered on the first licence provided that:

— the operator who is entitled to use the first licence has

so used the second licence, and

— such use has taken place during the extended period of

validity;

(b) the security for the second licence relating to that quantity

shall be released;

(c) where applicable, the body which issued the licences shall
inform the competent body of the Member State where
the second 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 the second licence shall stand.

TITLE IV

SPECIAL PROVISIONS

Article 43

Products subject

to a system of export

1.
licences or
qualifying for a system of advance fixing of refunds or of other
amounts applicable on exports 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
in Article 850 of Regulation (EEC)
No 2454/93 is used it must bear one of the following
endorsements in section A:

— Exportacio´ n realizada sin certificado

— Udførsel uden licens/attest

— Ausfuhr ohne Ausfuhrlizenz oder Vorausfestsetzungs-

bescheinigung

— Εξαγωγη΄ πραγµατοποτουε΄νη α΄νευ αδει΄αξ η΄ πιστοποιητικου΄

— Exported without licence or certificate

— Exportation réalisée sans certificat

— Esportazione realizzata senza titolo

— Uitvoer sonder certificaat

— Exportaça˜o efectuada sem certificado

— Viety ilman todistusta

— Exporterad utan licens

b)

2.

a)

b)

if export was effected under cover of an export licence or
advance fixing certificate, Article 44 shall apply.

If the returned goods ar reimported:

through a customs office in a Member State other than the
exporting Member State, proof that Article 44(1)(a) or (b)
has been complied with shall be furnished by means of the
information sheet INF 3 provided for in Article 850 of
Regulation (EEC) No 2454/93;

that

through a customs office situated in the same Member
the provisions of paragraph 1(a) or
State, proof
Article 44(1)(a) or (b) have been complied with shall be
furnished in accordance with the procedure determined by
the competent authorities of the Member State in question.

Paragraph 1(a) shall not apply in the cases provided for

3.
in Article 844(2)(b) of Regulation (EEC) No 2454/93.

L 152/20

EN

Official Journal of the European Communities

24.6.2000

Article 44

2.

The export operation:

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 on the date on which the party concerned
declares his intention to avail himself of the abovementio-
ned 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 or certificate, 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 the date 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 security shall be forfeit, subject to the
rules applicable in the particular case,

— where the security has been released, the titular holder
of the licence or certificate shall provide the body
which issued the licence or certificate with fresh
security in respect of the quantities in question, and
that security shall be forfeit, subject
to the 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 Regulation (EEC) No 3454/93.

Article 45

1. Where the security relating to the licence or certificate
used for the export of products which have been reimported
under the returned-goods system should be forfeit pursuant to
Article 44, that security shall be released at the requests of the
parties concerned if reimport is followed by the export of
equivalent products falling within the same subheading of the
Combined Nomenclature.

(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 original
export consignments, except in the cases referred to in
Article 844(2)(c)
(EEC)
(d)
No 2454/93.

of Regulation

or

3.
The security shall be released when proof is furnished to
the body which issued the licence or certificate that the
conditions laid down in this Article have been fulfilled. Such
proof shall consist of the following documents:

(a) the declaration of export of the equivalent products or a
copy or photocopy thereof certified as such by the
competent authorities and bearing one of the following
endorsements:

— Condiciones previstas en el artı´culo 45 del Reglamento

(CE) no 1291/2000 cumplidas

— Betingelsarne

i

artikel 45

forordning

(EF)

nr. 1291/2000 opfyldt

— Bedingungen von Artikel 45 der Verordnung (EG)

Nr. 1291/2000 wurden eingehalten

— Τηρουµε΄νων των πρου¨ ποθε΄σεων του α΄ρθρου 45 του

κανονισµου΄ (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)

no 1291/2000 respectées

— Condizioni previste dall’articolo 45 del regolamento

(CE) no 1291/2000 ottemperate

— in artikel 45 van Verordening (EG) nr. 1291/2000

bedoelde voorwaarden nageleefd

24.6.2000

EN

Official Journal of the European Communities

L 152/21

— Condiço˜ es previstas no artigo 45.o do Regulamento

(CE) n.o 1291/2000 cumpridas

— Asetuksen (EY) N:o 1291/2000 45 artiklassa säädetyt

edellytykset on täytetty

— Villkoren i artikel 45 i förordning (EG) nr 1291/2000

är uppfyllda.

This endorsement must be authenticated by the stamp of
the customs office concerned, applied directly to the
document in question; and

(b) a document certifying that the products have left the
Community’s customs territory within 60 days of accep-
tance of the customs export declaration, except in case of
force majeure.

Article 46

1.
For the purposes of Article 896 of Regulation (EEC)
No 2454/93, confirmation that measures have been taken to
undo any effects of putting the goods into free circulation shall
issued the licence or
be provided by the authority that
certificate, subject to paragraph 4 of this Article.

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 confirmation 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
the authority which issued the licence or
subparagraph,
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 considered to have been met.

The licence or certificate shall be returned to the party
concerned.

2.
If repayment or remission of import duties is refused,
the decision-making authority shall so inform the authority
which issued the licence or 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 no longer valid. The security
for the quantity in question shall be forfeit subject to the rules
applicable to the case in question.

4.

Paragraphs 1 and 2 shall not apply where:

(a) for reasons of force majeure the products must be reexpor-
ted, 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 forfeit under Article 46, the security shall be released
at the request of the party concerned 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 initial import, the same quantity of equivalent products
falling under the same subheading of the Combined Nomencla-
ture 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 or goods have been placed under the
arrangement provided for in Article 5 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 control such basic products,
whether in that form or as processed products, or such
products or goods, or

L 152/22

EN

Official Journal of the European Communities

24.6.2000

— does not comply with the total time limit calculated on the
basis of Articles 28(6) and 29(5) of Regulation (EC)
No 800/1999 or in other legal provisions,

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 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 and nature of the products in
question, the reference number of the licence or certificate and
the date of the attribution in question.

The authority which issued the licence or certificate shall

3.
apply the provisions of Article 44.

The Member State shall take such measures as it considers
4.
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 in an importing non-member country.

The expression ‘invitation to tender’ shall be understood to
mean open invitations issued by public agencies in third
countries, or by international bodies governed by public law,
to submit by a given date tenders on which a decision will be
taken by those agencies or bodies.

For the purposes of this Article, the armed forces referred to
in Article 36(1)(c) of Regulation (EC) No 800/1999 shall be
regarded as an importing 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.

This Article shall apply only if the following particulars

3.
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 quantity in respect of which the certificate or certificates
are applied for may not exceed the quantity specified in the
invitation to tender. No account shall be taken of tolerances or
options provided for in the invitation to tender.

Notwithstanding Article 15(2) the security need not be

4.
lodged when the licence or certificate is applied for.

the closing date for submitting
5. Within 21 days of
tenders, except in case of force majeure, the applicant shall
inform the issuing body by letter or by written telecommunica-
tion, 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 be ascribed to him.

Applications for certificates shall not be accepted where,
6.
during the period of issue to which applications for certificates
for certain products are subject, a special measure has been
taken which prevents the issue of certificates.

No special measure taken subsequent to the expiry of the said
period may prevent the issue of one or more certificates issued
in respect of the invitation to tender in question where the
applicant has fulfilled the following conditions:

(a) the information referred to in the first subparagraph of
paragraph 3 are evidenced by the appropriate documents;

(b) proof is furnished of the applicant’s having been awarded

a contract;

(c) the contract is presented; or

(d) where absence of the contract is justified, documentation
is submitted attesting the obligations entered into with the
other contracting party or parties, including confirmation
from his or their bank of the opening of an irrevocable
letter of credit by the purchaser’s financial institution to
the agreed delivery;

The party concerned shall communicate these particulars to
the issuing body when applying for the certificate.

(e) the security required for the issue of the certificate is

lodged.

24.6.2000

EN

Official Journal of the European Communities

L 152/23

The certificate or certificates shall be issued only for the
country referred to in the first indent of the first subparagraph
of paragraph 3. The invitation to tender shall be mentioned
thereon.

The total quantity for which the certificate or certificates are
issued shall be the total quantity for which the applicant was
awarded the contract and has presented the contract or
documentation referred to in (d); such quantity may not exceed
the quantity applied for.

Moreover, where several certificates are applied 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 the conditions specified in (a), (b), (c), (e) or
(a), (b), (d), (e) above.

The holder of the certificate or certificates shall be held
primarily liable for the repayment of any refund incorrectly
paid where it is established that the certificate or certificates
was or were issued on the basis of a contract or obligation,
specified in (d), not corresponding to the invitation to tender
opened by the third country.

In the cases referred to in paragraph 5(b), (c) and (d), no
7.
certificate shall be issued in connection with the application
referred to in paragraph 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 in paragraph 5 shall run with effect from the new
closing date for the submission of tenders,

— by more than 10 days, the application shall no longer be

valid.

9.

(a) If

the successful

tenderer demonstrates to the
satisfaction of the competent authority that the
agency that issued the invitation to tender 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 higher than or equal
to the rate of the refund valid on the last day of the
certificate’s validity.

(b) If

the successful

tenderer demonstrates to the
satisfaction of the competent authority that the
agency that issued the invitation to tender has
obliged him to accept changes to the contract for
reasons that are not attributable to him and are
not considered to constitute force 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 the
quantity not yet exported,

— where the rate of the refund fixed in advance is
lower than or equal to the rate of the refund
valid on the last day of the certificate’s validity,
extend the validity of the certificate by the
period required.

However, where special rules governing certain
products provide that the period of validity of a
certificate issued under this Article may exceed the
normal period of validity of such a certificate and
the successful tenderer finds himself in the situation
referred to in the first indent of the first subpa-
ragraph, the issuing body may extend the period of
validity of the certificate provided it does not
exceed the maximum period of validity permitted
under those rules.

(c)

If the successful tenderer furnishes proof that the
invitation to tender or the contract concluded
following the award provided for a downward
tolerance or option of more than 5 % and that the
agency that
issued the invitation to tender is
invoking the relevant clause, 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, on condition that the rate of the refund
fixed in advance is higher than or equal to the rate
of the refund valid on the last day of validity of the
certificate. In such cases the rate of 95 % referred
to in Article 35(2) shall be replaced by 90 %.

(d) In comparing the rate of

the refund fixed in
advance with that of the refund valid on the last
day of validity of the certificate, account shall be
taken, where applicable, of other amounts provided
for under Community rules.

10. Member States shall immediately inform the Commis-
sion of the particulars referred to in the first subparagraph of
paragraph 3.

11.
In special cases, exceptions to the above rules may be
laid down following the procedure laid down in Article 23 of
Regulation (EEC) No 1766/92 or, as appropriate,
in the
corresponding articles of the other Regulations on the com-
mon 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 under preferential arrangements,
the
quantities imported within the tolerance in excess of the
quantity shown on the import licence shall not qualify under
the preferential arrangements.

L 152/24

EN

Official Journal of the European Communities

24.6.2000

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 18

— Präferenzregelung, anwendbar auf die in den Feldern 17

und 18 genannte Menge

— Προτιµησιακο΄ καθεστω΄ς εφαρµοζο΄µενο για την ποσο΄τητα που

αναγρα΄φεται στα τετραγωνι΄δια 17 και 18

4. Where imports of a product are not subject to presenta-
tion of an import licence and where an import licence serves
to administer preferential arrangements covering that product,
import
licences shall not provide for any tolerance for
quantities in excess.

The figure ‘0’ (zero) shall be shown in Section 19 of the
licence.

TITLE V

FINAL PROVISIONS

— Preferential arrangements applicable to the quantity given

Article 51

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 vak-

ken 17 en 18 vermelde hoeveelheid

— Regime preferencial aplica´vel em relaça˜o à quantidade

indicada nas casas 17 e 18

— Etuuskohtelu, jota sovelletaan kohdissa 17 ja 18 esitettyi-

hin 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
licences may not extend beyond the date on which the quota
expires.

1.

Regulation (EEC) No 3719/88 is hereby repealed.

2.
References to the Regulation repealed in paragraph 1
and to Regulations (EEC) No 3183/80, (EEC) No 193/75 and
(EEC) No 1373/70, repealed previously, shall be construed as
references to this Regulation.

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.

It shall apply to licences and certificates applied for from

2.
1 October 2000.

However:

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 quanti-
ties in excess.

The figure ‘0’ (zero) shall be shown in Section 19 of the
licence.

— 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.

Done at Brussels, 9 June 2000.

For the Commission

Franz FISCHLER

Member of the Commission

24.6.2000

EN

Official Journal of the European Communities

L 152/25

ANNEX I

IMPORT LICENCE

EXPORT LICENCE OR ADVANCE FIXING CERTIFICATE

L 152/26

EN

Official Journal of the European Communities

24.6.2000

EUROPEAN COMMUNITY —  IMPORT LICENCE  A G R I M

1

’

Y
P
O
C
S
R
E
D
L
O
H

1

1

Agency issuing the licence (name and address)

2

Issuing agency’s emboss-
ment and perforation (1)

No

4

Issued to (name, full address and Member State)

5

Agency issuing the extract (name and address)

3

6

Rights transferred to:

with effect from

Stamp of the competent authority:

13 PRODUCT TO BE IMPORTED

14 Trade denomination

7

8

Exporting country

Country of origin

Compulsory
YES

Compulsory
YES

NO

NO

10 Date of lodging original licence application

11 Total amount of security

12 LAST DAY OF VALIDITY

15 Description in accordance with the Combined Nomenclature (CN)

16 CN code(s)

17 Quantity (2) in figures

18 Quantity (2) in words

20 Special particulars

19 Tolerance
% more

24 Special conditions

.

5
2

x
o
b
n

i

r
a
e
p
p
a
t
o
n
o
d
p
m
a
t
s
e
h
t
d
n
a
e
r
u
t
a
n
g
i
s
e
h
t

f
i

l

d
e
t
e
p
m
o
c
e
b
o
T
)
1
(

.
t
i
n
u
g
n
i
t
a
c
d
n

i

i

25 Issued at:

on

under No

Issuing agency’s signature and stamp:

26 Term of validity extended until

inclusive

for (2):

At

, on

Signature and stamp of agency issuing the licence:

t
n
e
m
e
r
u
s
a
e
m

f
o
t
i
n
u
r
e
h
t
o
r
o
s
s
a
m

t
e
N

)
2
(

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
24.6.2000

EN

Official Journal of the European Communities

L 152/27

27 ATTRIBUTIONS

Indicate the quantity available in part 1 of column 29 and the quantity attributed in part 2 thereof

28 Net quantity (net mass or other unit of measure stating the unit)

29 In figures

30 In words for the quantity attributed

31 Customs document
(form and No)
or extract No and date
of attribution

32 Name, Member State,  stamp and 

signature of the attributing authority

1

2

1

2

1

2

1

2

1

2

1

2

1

2

33 Extension pages to be attached hereto.

L 152/28

EN

Official Journal of the European Communities

24.6.2000

EUROPEAN COMMUNITY —  IMPORT LICENCE  A G R I M

2

1

Agency issuing the licence (name and address)

2

Issuing agency’s emboss-
ment and perforation (1)

No

3

4

Issued to (name, full address and Member State)

5

Agency issuing the extract (name and address)

’

Y
P
O
C
S
Y
C
N
E
G
A
G
N
U
S
S
I

I

6

Rights transferred to:

with effect from

Stamp of the competent authority:

2

13 PRODUCT TO BE IMPORTED

14 Trade denomination

7

8

Exporting country

Country of origin

Compulsory
YES

Compulsory
YES

NO

NO

10 Date of lodging original licence application

11 Total amount of security

12 LAST DAY OF VALIDITY

15 Description in accordance with the Combined Nomenclature (CN)

16 CN code(s)

17 Quantity (2) in figures

18 Quantity (2) in words

20 Special particulars

19 Tolerance
% more

24 Special conditions

.

5
2

x
o
b
n

i

r
a
e
p
p
a
t
o
n
o
d
p
m
a
t
s
e
h
t
d
n
a
e
r
u
t
a
n
g
i
s
e
h
t

f
i

l

d
e
t
e
p
m
o
c
e
b
o
T
)
1
(

.
t
i
n
u
g
n
i
t
a
c
d
n

i

i

25 Issued at:

on

under No

Issuing agency’s signature and stamp:

26 Term of validity extended until

inclusive

for (2):

At

, on

Signature and stamp of agency issuing the licence:

t
n
e
m
e
r
u
s
a
e
m

f
o
t
i
n
u
r
e
h
t
o
r
o
s
s
a
m

t
e
N

)
2
(

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
24.6.2000

EN

Official Journal of the European Communities

L 152/29

EUROPEAN COMMUNITY — IMPORT LICENCE A G R I M

1

Agency issuing the licence (name and address)

4

Applicant (name, full address and Member State)

N
O
I
T
A
C
I
L
P
P
A

7

8

Exporting country

Country of origin

Compulsory
YES

Compulsory

YES

NO

NO

11 Total amount of security

.
t
i
n
u
g
n
i
t
a
c
d
n

i

i

t
n
e
m
e
r
u
s
a
e
m

f
o
t
i
n
u
r
e
h
t
o
r
o
s
s
a
m

t
e
N

)
1
(

13 PRODUCT TO BE IMPORTED

14 Trade denomination

15 Description in accordance with the Combined Nomenclature (CN)

16 CN Code(s)

17 Quantity (1) in figures

18 Quantity (1) in words

20 Special particulars

NOTES

Place and date:

Applicant’s signature:

 
 
 
 
 
 
 
 
 
 
L 152/30

EN

Official Journal of the European Communities

24.6.2000

EUROPEAN COMMUNITY — EXPORT LICENCE OR ADVANCE FIXING CERTIFICATE A G R E X

1

’

Y
P
O
C
S
R
E
D
L
O
H

1

1

Agency issuing the licence or certificate (name and address)

2

Issuing agency’s emboss-
ment and perforation (1)

No

/

4

Issued (name, full address and Member State)

5

Agency issuing the extract (name and address)

3

6

Rights transferred to

with effect from

Stamp of the competent agency:

13 PRODUCT TO BE EXPORTED

14 Trade denomination

7

8

Receiving country

Compulsory
YES

Advance fixing requested
YES

NO

9

Tendering requested

YES

NO

NO

10 Date of lodging original licence/

certificate application

11 Total amount of security

12 LAST DAY OF VALIDITY

15 Description in accordance with the Combined Nomenclature (CN)

16 CN code(s)

17 Quantity (2) in figures

18 Quantity (2) in words

20 Special particulars

19 Tolerance
% more

21 REFUND VALID ON

FIXED IN ADVANCE

22 Special conditions

.

3
2

x
o
b
n

i

r
a
e
p
p
a
t
o
n
o
d
p
m
a
t
s
e
h
t
d
n
a
e
r
u
t
a
n
g
i
s
e
h
t

f
i

l

d
e
t
e
p
m
o
c
e
b
o
T
)
1
(

.
t
i
n
u
g
n
i
t
a
c
d
n

i

i

23 Issued at

on

under No

Signature  and  stamp  of  agency  issuing
the licence or certificate:

24 Term of validity extended until                                     inclusive

for (2)

At

, on

Issuing agency’s signature and stamp:

t
n
e
m
e
r
u
s
a
e
m

f
o
t
i
n
u
r
e
h
t
o
r
o
s
s
a
m

t
e
N

)
2
(

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
24.6.2000

EN

Official Journal of the European Communities

L 152/31

27 ATTRIBUTIONS

Indicate the quantity available in part 1 of column 29 and the quantity attributed in part 2 thereof

28 Net quantity (mass weight or other unit of measure stating the unit)

29 In figures

30 In words for the quantity attributed

31 Customs document
(form and No)
or extract No and date
of attribution

32 Name, Member State,  stamp and 

signature of the attributing authority

1

2

1

2

1

2

1

2

1

2

1

2

1

2

33 Extension pages to be attached hereto.

L 152/32

EN

Official Journal of the European Communities

24.6.2000

EUROPEAN COMMUNITY — EXPORT LICENCE OR ADVANCE FIXING CERTIFICATE A G R E X

2

1

Agency issuing the licence or certificate (name and address)

2

Issuing agency’s emboss-
ment and perforation (1)

No

/

4

Issued (name, full address and Member State)

5

Agency issuing the extract (name and address)

3

’

Y
P
O
C
S
Y
C
N
E
G
A
G
N
U
S
S
I

I

6

Rights transferred to

with effect from

Stamp of the competent agency:

2

13 PRODUCT TO BE EXPORTED

14 Trade in figures

7

8

Receiving country

Compulsory
YES

Advance fixing requested
YES

NO

9

Tendering requested

YES

NO

NO

10 Date of lodging original licence/

certificate application

11 Total amount of security

12 LAST DAY OF VALIDITY

15 Description in accordance with the Combined Nomenclature (CN)

16 CN code(s)

17 Quantity (2) in figures

18 Quantity (2) in words

20 Special particulars

19 Tolerance
% more

21 REFUND VALID ON

FIXED IN ADVANCE

22 Special conditions

.

3
2

x
o
b
n

i

r
a
e
p
p
a
t
o
n
o
d
p
m
a
t
s
e
h
t
d
n
a
e
r
u
t
a
n
g
i
s
e
h
t

f
i

l

d
e
t
e
p
m
o
c
e
b
o
T
)
1
(

.
t
i
n
u
g
n
i
t
a
c
d
n

i

i

23 Issued at

on

under No

Signature  and  stamp  of  agency  issuing
the licence or certificate:

24 Term of validity extended until                                     inclusive

for (2)

At

, on

Issuing agency’s signature and stamp:

t
n
e
m
e
r
u
s
a
e
m

f
o
t
i
n
u
r
e
h
t
o
r
o
s
s
a
m

t
e
N

)
2
(

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
24.6.2000

EN

Official Journal of the European Communities

L 152/33

EUROPEAN COMMUNITY — EXPORT LICENCE OR ADVANCE FIXING CERTIFICATE A G R E X

1

Issuing agency (name and address)

4

Applicant (name, full address and Member State)

N
O
I
T
A
C
I
L
P
P
A

7

8

Receiving country

Compulsory
YES

Advance fixing requested

9

Tendering requested

YES

NO

YES

NO

NO

11 Total amount of security

13 PRODUCT TO BE EXPORTED

14 Trade denomination

15 Description in accordance with the  Combined Nomenclature (CN)

16 CN Code(s)

.
t
i
n
u
g
n
i
t
a
c
d
n

i

i

t
n
e
m
e
r
u
s
a
e
m

f
o
t
i
n
u
r
e
h
t
o
r
o
s
s
a
m

t
e
N

)
1
(

17 Quantity (1) in figures

18 Quantity (1) in words

20 Special particulars

NOTES

Place and date:

Applicant’s signature:

 
 
 
 
 
 
 
 
 
 
L 152/34

EN

Official Journal of the European Communities

24.6.2000

ANNEX II

CORRELATION TABLE

This regulation

Regulation (EEC) No 3719/88

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Article 25

Article 26

Article 27

Article 28

Article 29

Article 30

Article 31

Article 32

Article 33

Article 34

Article 35

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 13a

Article 14

Article 14a

Article 15

Article 16

Article 16a

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Article 25

Article 26

Article 27

Article 28

Article 29

Article 30

Article 31

Article 32

Article 33

24.6.2000

EN

Official Journal of the European Communities

L 152/35

This regulation

Regulation (EEC) No 3719/88

Article 36

Article 37

Article 38

Article 39

Article 40

Article 41

Article 42

Article 43

Article 44

Article 45

Article 46

Article 47

Article 48

Article 49

Article 50

Article 51

Article 52

Article 34(1) to (9) and (11)

Article 34(3) and (10)

Article 34(12)

Article 35

Article 36

Article 37

Article 38

Article 39(1)(a), (2) and (3)

Article 39(1)(b) and (c) and 39(4)

Article 40

Article 41

Article 42

Article 43

Article 44

Article 45

Article 46

Article 47

L 152/36

EN

Official Journal of the European Communities

24.6.2000

ANNEX III

Maximum quantities of products for which import or export licences or advance fixing certificates need
not be presented pursuant to the fourth indent of Article 5(1) (provided import or export does not take
place under preferential arrangements subject to a licence) (1)

Product (Combined Nomenclature code)

Net quantity

A

CEREALS AND RICE [Commission Regulation (EC) No 1162/95 (2)]:

Import licence:

With the exception of subheading 0714 20 10

5 000 kg

With the exception of subheading 1006 10 10

1 000 kg

With the exception of subheading 1108 20 00

With the exception of subheading 2302 50

0709 90 60
0712 90 19
0714
1001 10
1001 90 91
1001 90 99
1002 00 00
1003 00
1004 00
1005 10 90
1005 90 00
1007 00 90

1006 10
1006 20
1006 30
1006 40 00
1008
1101 00 11
1101 00 15
1101 00 90
1102
1103
1104
1106 20
1107
1108
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
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 preparations or
foodstuffs containing not less than 50 % weight of milk
products

24.6.2000

EN

Official Journal of the European Communities

L 152/37

Product (Combined Nomenclature code)

Net quantity

Export licence with or without advance fixing of the refund:

With the exception of subheading 0714 20 10

5 000 kg

With the exception of subheading 1006 10 10

500 kg

With the exception of subheading 1108 20 00

With the exception of subheading 2302 50

0709 90 60
0712 90 19
0714
1001 10
1001 90 91
1001 90 99
1002 00 00
1003 00
1004 00
1005 10 90
1005 90 00
1007 00 90

1006 10
1006 20
1006 30
1006 40 00
1008
1101 00 11
1101 00 15
1101 00 90
1102
1103
1104
1106 20
1107
1108
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
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 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 preparations 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
0711 20 90
1509
1510 00
1522 00 31
1522 00 39
2306 90 19

100 kg

L 152/38

EN

Official Journal of the European Communities

24.6.2000

Product (Combined Nomenclature code)

Net quantity

Export licence with or without advance fixing of the refund [Commission Regulation (EC)
No 2543/95 (6)]:

100 kg

2 000 kg

2 000 kg

1509
1510 00

C

SUGAR [Commission Regulation (EC) No 1464/95 (7)]:

Import licence:

1212 91 20
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

Export licence with or without advance fixing of the refund:

1212 91 20
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

24.6.2000

EN

Official Journal of the European Communities

L 152/39

Product (Combined Nomenclature code)

Net quantity

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)]:

150 kg

150 kg

0401
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 51
2309 10 15
2309 10 19
2309 10 39
2309 10 59
2309 10 70
2309 90 35
2309 90 39
2309 90 49
2309 90 59
2309 90 70

Preparations of a kind used in animal feed; preparations and
foodstuffs containing products to which Regulation (EC)
No 1255/1999 applies, directly or pursuant to Council Regu-
lation (EEC) No 2730/75 (9), with the exception of prep-
to which Regulation (EEC)
arations
No 1766/92 applies

foodstuffs

and

Export
No 174/1999 (10)]:

licence with advance

fixing of

the

refund [Commission Regulation (EC)

0401
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
2309 10 19
2309 10 70
2309 90 35
2309 90 39
2309 90 70

Preparations of a kind used in animal feed; preparations and
foodstuffs containing products to which Council Regulation
(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

E

BEEF AND VEAL [Commission Regulation (EC) No 1445/95 (12)]:

Import licence:

0102 90 05 to
0102 90 79

One animal

L 152/40

EN

Official Journal of the European Communities

24.6.2000

Product (Combined Nomenclature code)

0201
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
0102 90 05 to
0102 90 79

0201
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
0210 90 11
0210 90 19
1602 90 72
1602 90 74
1602 90 76
1602 90 78

0104 10 30
0104 10 80
0104 20 90

G

PIGMEAT:

Export
No 1370/95 (14)]:

licence with advance

fixing of

the

refund [Commission Regulation (EC)

ex 0203
ex 1601
ex 1602

0210

Net quantity

200 kg

One animal

200 kg

100 kg

Five animals

250 kg

150 kg

24.6.2000

EN

Official Journal of the European Communities

L 152/41

Product (Combined Nomenclature code)

Net quantity

H

POULTRYMEAT:

Export licence with advance fixing of the refund and ex post export licence [Commission
Regulation (EEC) No 1372/95 (15)]:

010511119000
010511199000
010511919000
010511999000

010512009000
010519209000

ex 0207

I

EGGS:

Export licence with advance fixing of the refund and ex post export licence [Commission
Regulation (EEC) No 1371/95 (16)]:

040700119000

040700199000

040700309000

040811809100
040891809100

040819819100
040819899100
040899809100

J

SEEDS:

Import licence [Commission Regulation (EEC) No 1119/79 (17)]:

1005 10 11 a
1005 10 19
1007 00 10

K WINE:

Import licence [Commission Regulation (EEC) No 3388/81 (18)]:

2009 60

2204 10
2204 21
2204 29
2204 30

4 000 chicks

2 000 chicks

250 kg

2 000 eggs

4 000 eggs

400 kg

100 kg

250 kg

100 kg

3 000 kg

30 hl

Export
No 1685/95 (19)]:

licence with advance

fixing of

the

refund [Commission Regulation (EEC)

2009 60

10 hl

L 152/42

EN

Official Journal of the European Communities

24.6.2000

Net quantity

10 hl

350 kg

300 kg

350 kg

Product (Combined Nomenclature code)

2204 21
2204 29
2204 30

L

FRUIT AND VEGETABLES:

Import licence [Commission Regulation (EC) No 1859/93 (20)]:

0703 20 00

(garlic)

Export
No 2190/90 (21)]:

licence with advance

fixing of

the

refund [Commission Regulation (EC)

070200

ex 0802
0805
08061010
0808
0809

M PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES:

Import licence [Commission Regulation (EC) No 1921/95 (22)]:

(cherries)
(cherries)

(cherries)

0711 90 40
0711 90 60
0806 20 12
0806 20 18
0806 20 92
0806 20 98
ex 0811 90 19
ex 0811 90 39
0811 90 75
0811 90 80
0812 10 00
ex 0813 40 95
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 69
2008 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

24.6.2000

EN

Official Journal of the European Communities

L 152/43

Product (Combined Nomenclature code)

Net quantity

Export licence with advance fixing of the refund:

0806 20

ex 0812
2002
ex 2006 00
ex 2008
ex 2009

300 kg

(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.