Commission Regulation (EC) No 1488/2001 of 19 July 2001 laying down rules for the application of Council Regulation (EC) No 3448/93 as regards the placement of certain quantities of certain basic products listed in Annex I to the Treaty establishing the European Community under the inward processing arrangements without prior examination of the economic conditions
Date: 2001-07-19
Institutions: European Commission
Subjects: inward processing, movement certificate, primary product, quantitative restriction

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COMMISSION REGULATION (EC) No 1488/2001

of 19 July 2001

laying down rules for the application of Council Regulation (EC) No 3448/93 as regards the
placement of certain quantities of certain basic products listed in Annex I to the Treaty establishing
the European Community under the inward processing arrangements without prior examination of
the economic conditions

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 3448/93 of 6
December 1993 laying down the trade arrangements applicable
to certain goods resulting from the processing of agricultural
products (1), as last amended by Regulation (EC) No 2580/
2000 (2), and in particular the third subparagraph of Article
11(1) thereof,

Whereas:

Under Regulation (EC) No 3448/93, certain quantities of
certain basic products within the meaning of Article 11
of the said Regulation may be placed under the inward
processing arrangements without prior examination of
the economic conditions set out in Article 117(c) of
Council Regulation (EEC) No 2913/92 of 12 October
1992 establishing the Community Customs Code (3), as
last amended by European Parliament and Council Regu-
lation (EC) No 2700/2000 (4). The arrangements must be
adopted for
implementing this possibility and for
checking and planning the quantities of such products.

The procedure enabling the said quantities to be deter-
mined using a balance should therefore be laid down.
This procedure should also be made transparent by
providing for the said balance to be submitted for exam-
ination to the Group of Experts on horizontal questions
concerning trade in processed agricultural products not
listed in Annex I, and the quantities should be published
in good time.

for

rules

applying for, granting, using and
The
discharging these certificates, together with their tech-
nical characteristics, should be defined so that the rele-
vant procedure is flexible and permits prudent manage-
ment. It should therefore follow, to a large extent, the
procedure already in place for certain agricultural certi-
ficates, which is set out in 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 (5).

(6)

(7)

(8)

(9)

In so far as the Commission takes account of all compa-
nies that process agricultural products, all the goods not
covered by Annex I must be taken into consideration as
a whole. The procedure described above must therefore
provide for production under the inward processing
arrangements in two stages, each carried out by a
different company.

It must be laid down that these certificates can be deliv-
ered in three tranches. In addition, the emergency issue
of one or more tranches should be provided for to deal
with any unexpected events, particularly those of the
market, and the rights relating to these certificates
should be transferable.

In order to make it possible to check and plan the
quantities of the basic products concerned, communi-
cation of statistics on the use of the certificates must be
provided for.

The Management Committee on horizontal questions
concerning trade in processed agricultural products not
listed in Annex I to the Treaty did not deliver an opinion
within the time limit laid down by its chairman,

For the purposes of granting such quantities, a specific
certificate must be provided for in order to obtain the
appropriate customs authorisation.

HAS ADOPTED THIS REGULATION:

In so far as the procedure in question must make it
possible to ensure that
the Community processing
industry has access to agricultural raw materials under
competitive conditions and as such a guarantee cannot
be provided by the export refund system because of the
ceilings set in agreements concluded pursuant to Article
300 of the Treaty, this procedure must be aimed at
operators whose needs for refunds are not being met,
either in whole or in part.

(1) OJ L 318, 20.12.1993, p. 18.
(2) OJ L 298, 25.11.2000, p. 5.
(3) OJ L 302, 19.10.1992, p. 1.
(4) OJ L 311, 12.12.2000, p. 1.

Article 1

Scope of the Regulation

1.
The placement of certain quantities of basic products set
out in Article 11 of Regulation (EC) No 3448/93 under the
inward processing arrangements without prior examination of
the economic conditions is subject, during its period of validity,
to presentation of an inward processing certificate (hereinafter
‘IP certificate’).

(5) OJ L 152, 24.6.2000, p. 1.

(1)

(2)

(3)

(4)

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Two successive inward processing authorisations may be
2.
granted — one for the placement of a basic product and one
for the placement of an intermediate product corresponding to
the basic product. The economic conditions will then also be
regarded as having been met by each of these authorisations,
provided that each of the applications for authorisation is
submitted on the basis of the same IP certificate.

Article 2

Balance

1.
No later than 21 September of each year, the Commis-
sion shall draw up the balance described in Article 11 of
Regulation (EC) No 3448/93 and submit it for examination to
the Group of Experts on horizontal questions concerning trade
in processed agricultural products not listed in Annex I (herein-
after ‘Group of Experts’).

2.
If the estimated amount needed for refunds exceeds the
funds available, the quantities of the various basic products, as
identified by their eight-digit Combined Nomenclature code,
shall be determined according to the balance.

Article 3

Initial publication of the quantities available

The total quantities of each basic product determined pursuant
to Article 2(2) will be published no later than 30 September
each year in the Official Journal of the European Communities.

Certificates may be granted for
tranches in accordance with Articles 21, 22 and 23.

those quantities in three

Article 4

Applications for IP certificates

1.
Only an operator who is a titular holder of a valid refund
certificate within the meaning of Commission Regulation (EC)
No 1520/2000 (1) or who was the titular holder of a certificate
issued during the previous budget year, may apply for an IP
certificate.

Nonetheless, where the second subparagraph of Article 14(3)
of Regulation (EC) No 1520/2000 applies, any operator who
has been granted refunds during the current or the previous
budget year may also apply for an IP certificate.

A separate application must be made for each quantity of
2.
identified by its eight-digit
a single, available, basic product,
nomenclature code. Only one application per tranche may be
made by any single operator for each basic product.

The authority shall only accept applications for certificates for
which the applicant has provided a written declaration that, for
the tranche in question, he has not made and undertakes not to
make any other applications for IP certificates for the same
basic product in the Member State to which he has applied, nor

(1) OJ L 177, 15.7.2000, p. 1.

in any other Member States. If more than one application is
made for the same basic product, all of the applications shall
be rejected.

The total quantity applied for per operator and per
3.
tranche for any basic product shall not exceed 5 000 tonnes
for basic products covered by the common organisation of the
markets in milk products, sugar and rice, and 20 000 tonnes
for basic products covered by the common organisation of the
market in cereals.

Article 5

Lodging of applications for certificates

No application for a certificate shall be accepted unless it
1.
is forwarded to or lodged with the competent body on forms
printed and/or made out in accordance with Article 9.

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 9, forwarded or delivered direct to the
competent body; in such cases the date on which the written
telecommunication
the
competent body shall be taken as the day the application is
lodged. This requirement shall not affect the validity of applica-
tions forwarded by written telecommunication or electronic
message.

electronic message

reached

or

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

Applications for certificates may be cancelled only by
2.
letter, written telecommunication or
electronic message
received by the competent authority, except in cases of force
majeure, by 1 p.m. on the day the application is lodged.

Article 6

Procedure for lodging applications

The day an application for a certificate is lodged means
1.
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.

2.
An application for a certificate received by the competent
body either on a Saturday, a Sunday or a holiday or after 1
p.m. on 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.

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3. Where a period of a specified number of days is laid
down for the lodging of applications for certificates and where
the last day of 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 determining the certificate's period of validity.

The time limits specified in this Regulation are in Belgian

4.
local time.

However, Member States may require applicants to complete
an application form only, instead of the sets provided for in the
preceding subparagraph.

Where the quantity for which the certificate is issued is less
than the quantity initially applied for, the quantity applied for
must be entered only on the application form.

Forms for extracts of certificates shall be made up in sets
containing copy No 1 and copy No 2,

in that order.

Article 7

Rejection of applications

Applications
Community rules shall be rejected.

containing conditions not provided for

in

Article 8

Extracts

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

Article 9

Specifications for the use and design of the forms

1. Without prejudice to the second subparagraph of Article
5(1) and Article 11(1), applications for certificates, certificates
and extracts therefrom shall be drawn up on forms conforming
to the specimens set out in Annex I to Regulation (EC) No
1291/2000 under the heading ‘Import certificate AGRIM’,
subject to the following changes:

(a) either

the title ‘Import certificate AGRIM’

should be
removed or crossed out, or
‘IP certificate’ should be
stamped over it. This may be achieved by mechanical or
electronic means;

(b) sections 7 and 8 are deleted;

(c) the title of section 11 is deleted;

(d) section 19 of the model for the certificate is deleted;

(e) the entry ‘IP certificate for the manufacture of goods not
covered by Annex I and referred to in Article 1(1) of
Regulation (EC) No 1520/2000’ shall be made, either
manually or by mechanical or electronic means, in section
20 of the model for applying for a certificate and in section
24 of the model for the certificate.

Such forms must be completed following the instructions given
therein.

2.
Certificate forms shall be made up in sets containing copy
No 1, copy No 2 and the application, together with any extra
copies of the certificate,

in that order.

Forms,

including extension pages, shall be printed on
3.
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 back-
ground so as to reveal any falsification by mechanical or chem-
ical means. The guilloche background shall be green.

4. Member States shall be responsible for having the forms
printed. The forms may also be printed by printers appointed
by the Member State in which they are established. In the latter
case, reference to the 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,
‘ES’ for
Spain, ‘FI’ for Finland, ‘FR’ for France, ‘IE’ for Ireland, ‘IT’ for
Italy,
‘PT’ for
‘SE’ for Sweden and ‘UK’ for the United Kingdom.
Portugal,

‘DK’ for Denmark ‘EL’ for Greece,

‘NL’ for the Netherlands,

‘LU’ for Luxembourg,

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

Applications, certificates and extracts shall be completed
5.
in typescript or by computerised means: They shall be printed
and completed in one of
the
Community, as specified by the competent authorities of the
issuing Member State. However, Member States may allow
applications only to be handwritten in ink and in block capi-
tals.

languages of

the official

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.

The

competent

authorities of

the Member States
7.
concerned may, where necessary,
require certificates and
extracts therefrom to be translated into the official language or
one of the official

languages of that Member State.

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Article 10

Procedure for issuing extracts

applicant and the second, called ‘issuing body's copy’ and
marked ‘No 2’, shall be retained by the issuing body.

On application by the titular holder of the certificate or
1.
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.

Article 13

Validity of IP certificate

IP certificates shall be valid until the end of the third

1.
month following that in which they are applied for.

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.

2.
For the purpose of determining their period of validity,
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,
certificates may not be used until their actual

issue.

The body issuing the extract shall, on copy No 1 of the
certificate, enter the quantity for which the extract has been
issued. The word ‘extract’ shall be entered beside the quantity
entered on copy No 1 of the certificate.

No further extract may be made of an extract of a certifi-

2.
cate.

3.
Copy No 1 of an extract which has been used or which is
out of date shall be returned by the titular holder to the body
which issued the certificate, together with copy No 1 of the
certificate from which it derives, so that the body may adjust
the entries on copy No 1 of the certificate in the light of those
appearing on copy No 1 of the extract.

Article 11

Electronic certificates

1. Without prejudice to Article 9, certificates may be issued
and used using computerised systems in accordance with
detailed rules laid down by the competent authorities. They are
known hereinafter as ‘electronic certificates’.

3.
On presentation, during its period of validity, of copy No
1 of the IP certificate or of the extract therefrom, the operator
may, under the conditions set out by Commission Regulation
(EEC) No 2454/93 (1) make a single application to the customs
authority in a Member State for authorisation to use inward
processing arrangements for a quantity of the basic product
less than or equal to the quantity referred to in the certificate
or the extract. The economic conditions referred to in Article
117(c) of Regulation (EEC) No 2913/92 shall then be deemed
to have been met.

However, a second application may subsequently be accepted
under the terms of Article 14.

The customs authority shall state in part 2 of the first section
of column 29 and in the first section of column 30 of copy No
1 the quantity actually applied for.

The customs authority shall sign the first Section of column 32
of the original of copy No 1 and stamp it to certify the date on
which the application was lodged.

The customs authority shall then forward the duly completed
original of copy No 1 to the issuing body specified in section 1
within 15 working days. If, however, Article 14(1) is applied, it
shall send a copy of completed copy No 1 to the issuing body
and keep the original.

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

If the certificate is electronic, the procedure may be carried out
electronically.

2. Where titular holders or transferees of 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 9(1).

In Member States linked to the computerised issuing system,
such extracts shall be issued in the form of the paper extract.

Article 12

Number of copies of IP certificates

Without prejudice to Article 11, certificates shall be drawn up
in at least two copies, the first of which, called ‘holder's copy’
and marked ‘No 1’, shall be supplied without delay to the

Article 14

Second application for authorisation

At the request of the operator, and before the application
1.
for a first inward processing authorisation has been lodged, the
issuing body or the body designated by each Member State (or
one of these bodies, if more than one has been designated)
shall enter the following, duly completed, in Section 20 of the
certificate or, where appropriate, the extract:
— Solicitud de segunda autorización prevista por [...] para la
admisión del producto de código NC [...] con arreglo al
apartado 2 del artículo 1 del Reglamento (CE) no 1488/
2001

— Påtænkt ansøgning om anden tilladelse fra … med henblik
på henførsel of produktet … (KN-koden anføres) i henhold
til artikel 1, stk. 2,

i forordning (EF) nr. 1488/2001

(1) OJ L 253, 11.10.1993, p. 1.

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— Antrag auf eine zweite Bewilligung vorgesehen von …,
zwecks Überführung des Erzeugnisses der KN-Position …
gemäß Artikel 1 Absatz 2 der Verordnung (EG) Nr. 1488/
2001

Within 15 working days of the notification referred to in the
first subparagraph, the customs authority shall forward the
original of copy No 1 to the issuing body specified in section
1.

— Αίτηση παροχής δεύτερης άδειας που ζητήθηκε από τον … για
την εµπορία του προϊόντος του κώδικα ΣΟ … σύµφωνα µε το
άρθρο 1, παραγράφος 2 του κανονισµού (ΕΚ) αριθ. 1488/
2001

— Application by … for a second authorisation for the place-
ment of the product … [insert CN code] in accordance with
Article 1(2) of Regulation (EC) No 1488/2001

— Demande de deuxième autorisation envisagée par … pour
le placement de produit de code NC … conformément à
l'article 1 paragraphe 2 du règlement (CE) no 1488/2001

— Domanda di seconda autorizzazione, richiesta da … per
l'iscrizione del prodotto del codice NC … ai sensi dell'arti-
colo 1, paragrafo 2, del regolamento (CE) n. 1488/2001

— Aanvraag voor een tweede vergunning van … voor de
plaatsing van het product met GN-code … overeenkomstig
artikel 1,

lid 2, van Verordening (EG) nr. 1488/2001

— Pedido de segunda autorização previsto por … para a colo-
cação do produto do código NC … em conformidade com
o n.o 2 do artigo 1.o do Regulamento (CE) n.o 1488/2001

— Toinen lupahakemus, jonka tekee …, tuotteen, jonka CN-
koodi on …, saattamiseksi sisäiseen jalostusmenettelyyn
asetuksen (EY) N:o 1488/2001 1 artiklan 2 kohdan mukai-
sesti

— En andra tillståndsansökan planeras av … för aktiv förä-
dling av en produkt med KN-kod … enligt artikel 1.2 i
förordning (EG) nr 1488/2001.

The operator may only designate one applicant for a second
authorisation and only one product, and may only require one
entry.

Furthermore, the body in question shall stamp the entry to
certify the date on which it was made.

The operator — holder of the first authorisation — shall
2.
notify the customs authority of the quantity of the product
referred to in the entry given in the second subparagraph of
paragraph 1.

On receipt of
the notification referred to in the previous
subparagraph, the customs authority shall add in section 20 of
the certificate the following, duly completed, after the entry
mentioned in paragraph 1:

— Por una cantidad de … kg

— For … kg

— Fur eine Menge von … kg

— Για ποσότητα … Kg

— For … kg

— Pour une quantité de … Kg

— Per una quantità di … kg

— Voor een hoeveelheid van … kg

— Para uma quantidade de … kg

— Määrälle … kg

— För en kvantitet på … kg.

3.
On receipt of copy No 1 in accordance with paragraph 2,
the body in question shall calculate the number of calendar
days corresponding to the outstanding period of validity, with
reference to the date on which the application mentioned in
the first subparagraph of Article 13(3), a complete month
being deemed to have 30 days.

4.
The holder of the certificate shall, on the day on which he
issues the notification referred to in paragraph 2, ask for rights
to be transferred or, where appropriate, transferred back to the
operator referred to in paragraph 1, in accordance with Article
15.

At the request of the operator referred to in the entry
5.
given in paragraph 1 above, the body in question shall return
the certificate after effecting the transfer or, where appropriate,
the transfer back referred to in paragraph 4, and after making
the following, duly completed, entry in section 11:

— Nueva fecha de fin de validez: …

— Ny udløbsdato …

— Neues Ende der Gültigkeitsdauer: …

— Νέα ηµεροµηνία λήξης ισχύος …

— New expiry date: …

— Nouvelle date de fin de validité le …

— Nuova data di scadenza della validità: …

— Nieuwe datum waarop geldigheidsduur afloopt: …

— Nova data de termo de validade: …

— Uusi voimassaolon päättymispäivä on …

— Ny sista giltighetsdag …

The new expiry date shall be calculated by adding the period
calculated in paragraph 3 to the date of receipt of the applica-
tion referred to in the previous subparagraph.

6.
On presentation, during the period of validity, of copy
No 1 of the IP certificate or the extract, the operator may lodge
with the customs authority of a Member State, under the terms
set out in Regulation (EEC) No 2454/93, an application for
inward processing authorisation for a quantity less than or
equal to the quantity of the product specified in the certificate
or extract
in accordance with paragraph 1. The economic
conditions referred to in Article 117(c) of Regulation (EEC) No
2913/92 shall then be regarded as having been met.

The customs authority shall state the quantity actually applied
for in part 2 of Section 2 of column 29 and in section 2 of
column 30 of copy No 1 of the certificate.

The customs authority shall sign the original of copy No 1 and
stamp it to certify the date on which it was lodged in the
second section of column 32 of the original of copy No 1.

The customs authority shall forward the duly completed orig-
inal of copy No 1 to the issuing body specified in section 1
within 15 working days.

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If

7.
carried out electronically.

the certificate is electronic,

the procedure may be

Article 15

Transfer of rights

1.
Rights deriving from certificates shall be transferable by
their titular holder during the period of their validity. Such
transfer may be made in favour of a single transferee only for
each certificate or extract therefrom.

Transferees may not further transfer their rights but may

2.
transfer them back to the titular holder.

indehaveren den …

In such cases, one of the following entries shall be made by the
issuing body in section 6 of the certificate:
— Retrocesión al titular el …
— Tilbageføring til
— Rückübertragung auf den Lizenzinhaber am …
— Εκ νέου παραχώρηση στο δικαιούχο στις …
— Rights transferred back to the titular holder on … [date]
— Rétrocession au titulaire le …
— Retrocessione al titolare in data …
— Aan de titularis geretrocedeerd op …
— Retrocessão ao titular em …
— Palautus todistuksenhaltijalle …
— Återbördad till

licensinnehavaren den …

3.
In the event of a request for transfer by the titular holder
or transfer back to the titular holder by the transferee, the
issuing body or the agency or agencies designated by each
Member State shall enter the following on the certificate or
where appropriate the extract therefrom:

(a) the name and address of the transferee or the entry referred

to in paragraph 2;

(b) 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.

Article 16

Effects of the entries made by the authorities of a Member
State

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 17

Erroneous entries on certificates

2. Where the accuracy of entries on the certificate or extract
is in doubt, such certificate or extract shall, on the initiative of
the party concerned or of the competent authorities of the
Member State concerned, be returned to the issuing body.

If the issuing body considers a correction to be required, it shall
withdraw the extract or certificate as well as any extracts
previously issued and shall
issue without delay either a
corrected extract or a corrected certificate and the corrected
extracts corresponding thereto. On such further documents,
which shall include the entry ‘certificate corrected on …’ or
‘extract corrected on …’, any former entries shall be repro-
duced on each copy.

Where the issuing body does not consider it necessary to
correct the certificate or extract,
it shall enter thereon the
endorsement ‘verified on … in accordance with Article 17 of
Regulation (EC) No 1488/2001’ and apply its stamp.

Article 18

Return of the certificate to the issuing body

At the request of the issuing body, the titular holder must

1.
return to it the certificate and the extracts therefrom.

2. Where a disputed document
is returned or held in
the competent
accordance with this Article or Article 17,
national authorities shall on request give the party concerned a
receipt.

Article 19

Checking for authenticity

1. Where there is doubt concerning the authenticity of a
certificate or extract, or entries or endorsements thereon, the
competent national authorities shall return the questionable
document, or
authorities
concerned for checking.

a photocopy thereof,

to the

Documents may also be returned by way of random check; in
such case only a photocopy of the document shall be returned.

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

Article 20

Loss of a certificate

Where the holder or transferee of an IP certificate is able to
prove to the satisfaction of the competent authority both that
the certificate or 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 certificate shall issue a replacement
certificate or extract for a quantity of goods equalling the
quantity remaining available.

Entries made on certificates or extracts may not be altered

1.
after their issue.

A replacement certificate or extract shall contain the informa-
tion and entries appearing on the document which it replaces.

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Article 21

Article 23

First tranche of IP certificate issues — reduction coeffi-
cient

Second and third tranches of IP certificate issues — reduc-
tion coefficient

1.
For the purposes of the first tranche of certificate issues,
the quantities of the basic products published pursuant to
Article 3 shall be covered to the extent of 60 %.

After the publication date referred to in Article 3 and not later
than 14 October of each year, each operator may apply for one
IP certificate per basic product.

2.
By 21 October at the latest, Member States shall inform
the Commission of the applications for each basic product,
stating the quantity applied for and the company name of the
corresponding operator.

Using the quantities referred to in the first subparagraph
3.
of paragraph 1, the Commission shall, if necessary, set a reduc-
tion coefficient for each basic product.

The Commission shall publish the coefficient(s) in question in
the European Communities within five
the Official
working days after the date given in paragraph 2.

Journal of

If necessary, within five working days of the date given in
paragraph 2, it shall inform the Member States concerned of
the applications rejected because they were made in several
Member States by the same operator and for the same basic
product.

4. Within five working days of the end of the period speci-
fied in the third subparagraph of paragraph 3, the competent
authority of the Member State in question may issue the certi-
ficates which have been applied for.

5.
If a reduction coefficient has been set, the certificates
issued for each application must include the quantity of the
basic product requested multiplied by the reduction coefficient
in question.

The issuing body shall
quantity for which the certificate is issued.

indicate in sections 17 and 18 the

Article 22

Second and third publication of available quantities

The Commission, taking into account the foreseeable volumes
of exports of the goods concerned and the situation of the
market of each basic product, shall review the balance regularly
and submit it for examination to the Group of Experts.

Where the amount of refunds due is estimated to be greater
than the financial resources available, and taking into account
the quantities already granted with certificates and the unused
quantities of which the Commission has been informed in
accordance with Article 25, the Commission shall determine
the remaining quantity available for each basic product. This
will be the subject of a second publication in the Official Journal
of the European Communities by no later than 31 January of each
year and of a third publication by no later than 31 May of each
year.

For the purposes of the second tranche of certificate
1.
issues, the quantities of the basic products published pursuant
to the second subparagraph of Article 22 shall be covered to
the extent of 60 %

For the purposes of the third tranche of certificate issues, the
quantities of the basic products published pursuant to the
second subparagraph of Article 22 shall be covered to the
extent of 100 %.

2.
Each operator may apply for an IP certificate for each
basic product within 10 working days following the publica-
tion referred to in the second subparagraph of Article 22.

the period
the end of
3. Within five working days of
inform the
described in paragraph 2, Member States shall
Commission of
the total quantities applied for per basic
product, stating the quantity applied for and the business name
of the corresponding operator.

4.
Using the quantities published pursuant to Article 21, the
Commission shall, if necessary, fix a reduction coefficient for
each basic product.

5.
The procedure set out in the second and third subpara-
graphs of Article 21(3) and Article 21(4) and (5) shall apply.

Article 24

Emergency issue of IP certificates

Throughout the budget year, taking into account the quantities
already granted with certificates and the unused quantities of
which it has been informed in accordance with Article 25, the
Commission may, as a matter of urgency, determine the
remaining quantity available for each basic product identified
by its eight-digit nomenclature code. This will be published in
the Official Journal of the European Communities. The procedure
provided for in Article 23(2), (3), (4) and (5) shall apply. It shall
first submit the relevant balance for examination to the Group
of Experts.

Article 25

Statistical information

1.
By 15 March of each budget year, Member States, on the
basis of the communications referred to in the first subpara-
graph of Article 13(3), shall communicate to the Commission
the total quantities for each basic product in respect of which a
customs authorisation has been granted and for which a certifi-
cate has been issued pursuant to Article 21.

2.
By 15 October of each budget year, Member States, on
the communications referred to in the first
the basis of
subparagraph of Article 13(3), shall communicate to the
Commission the total quantities for each basic product
in
respect of which a customs authorisation has been granted and
for which a certificate has been issued pursuant to Articles 23
and 24.

L 196/16

EN

Official Journal of the European Communities

20.7.2001

By 1 May of the budget year following that in which
3.
customs authorisations were granted under this Regulation,
Member States shall communicate to the Commission the
actual quantities of each basic product imported under these
authorisations.

Article 26

Mutual assistance and communications to the Commission

1. Where necessary for the proper application of this Regu-
lation, the competent authorities of the Member States shall
exchange information on 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.

3. Member States shall communicate to the Commission the
names and addresses of the bodies which issue certificates and
extracts therefrom. The Commission shall publish this informa-
tion in the Official Journal of the European Communities.

4. Member States shall also forward to the Commission
impressions of the official stamps and, where appropriate, of
the embossing presses used by authorities empowered to act.
The Commission shall immediately inform the other Member
States thereof.

Article 27

Entry into force

This Regulation shall enter into force on the seventh day after
its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 July 2001.

For the Commission

Erkki LIIKANEN

Member of the Commission