Commission Regulation (EC) No 1423/2007 of 4 December 2007 amending Regulation (EC) No 1291/2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products
Date: 2007-12-04
Institutions: European Commission
Subjects: agricultural product, database, electronic document, export licence, export refund, import licence, import refund

L 317/36

EN

Official Journal of the European Union

5.12.2007

COMMISSION REGULATION (EC) No 1423/2007

of 4 December 2007

amending Regulation (EC) No 1291/2000 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,

(a) paragraph 1 is replaced by the following:

Having regard to the Treaty
Community,

establishing the European

Notwithstanding Article 24, a Member State may

‘1.
allow the licence or certificate to be:

Having regard to Council Regulation (EC) No 1784/2003 of 29
September 2003 on the common organisation of the market in
cereals (1), and in particular Article 9(2) thereof, and the corre-
sponding Articles of the other Regulations on the common
organisation of markets in agricultural products,

Whereas:

(a)

lodged with the
issuing body or
responsible for payment of the refund;

the

authority

(b) in cases where Article 19 applies, stored in the database
of the issuing body or the authority responsible for
payment of the refund.’

(1)

(2)

(3)

(4)

19

Article
(EC) No
of Commission Regulation
1291/2000 (2) provides for the possibility of issuing elec-
tronic import and export licences and certificates.

(b) paragraph 3 is replaced by the following:

Experience has shown that in order to increase the ef-
ficiency of import and export operations, the provisions
of Article 25 could be improved with the intention of
making it clear that licences and certificates can be kept
and managed in electronic form by the competent
authority of the Member State instead of issuing them
to the importer or exporter and that where data
concerning exports have been introduced and transmitted
electronically to the issuing authority, the entries on the
electronic export
licence or certificate and its endor-
sement can also be done electronically.

Regulation (EC) No 1291/2000 should therefore be
amended accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of
relevant
Management Committees,

the

all

‘3.
The Member State shall decide which authority is to
make the entry on and endorse the licence or certificate.

However, the attribution and its validation and endorsement
on the licence or certificate shall also be deemed to have
been carried out where:

(a) a document detailing the exported quantities has been
generated by computer; this document must be attached
to the licence or certificate and filed with it;

electronic database of

(b) the exported quantities have been introduced in an
official
the Member State
concerned and there is a link between this information
and the electronic certificate; Member States may choose
to archive this information by using paper versions of
the electronic documents.

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 25 of Regulation (EC) No 1291/2000 is amended as
follows:

Article 2

(1) OJ L 270, 21.10.2003, p. 78. Regulation as last amended by Regu-

lation (EC) No 735/2007 (OJ L 169, 29.6.2007, p. 6).

(2) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

This Regulation shall enter into force on the seventh day
following that of its publication in the Official
Journal of the
European Union.

5.12.2007

EN

Official Journal of the European Union

L 317/37

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

Done at Brussels, 4 December 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission