Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (Codified version)
Date: 2008-04-23
Institutions: European Commission
Subjects: agricultural product, codification of EU law, export licence, import licence

26.4.2008

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 376/2008

of 23 April 2008

laying down common detailed rules for the application of the system of import and export licences
and advance fixing certificates for agricultural products

(Codified version)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

The object of import and export licences and advance
fixing certificates is the sound administration of
the
common market organisation. Some operations relate
in the interests of simplifying
to small quantities and,
administrative procedures,
licences
and advance-fixing certificates should not be required
for such operations.

import and export

Having regard to Council Regulation (EC) No 1784/2003 of
the
29 September 2003 on the common organisation of
market
9(2),
and
Article 12(1) and (4) and Article 18 thereof, and the corre-
sponding Articles of the other Regulations on the common
organisation of markets in agricultural products,

particular Article

cereals (1),

in

in

Whereas:

(1)

(2)

Commission Regulation (EC) No 1291/2000 of 9 June
2000 laying down common detailed rules for the appli-
cation of the system of import and export licences and
advance fixing certificates for agricultural products (2) has
In the
been substantially amended several
interests of clarity and rationality the said Regulation
should be codified.

times (3).

licences provide that all

The Community Regulations which introduced import
imports into the
and export
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
constitute
required for operations which do not
imports or exports in the strict sense.

(3) Where products

are

subject

to inward-processing
in some
arrangements, the competent authorities may,
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
or obtained from the processing of basic products from
third countries need to be taken into consideration.

(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). Regulation
(EC) No 1784/2003 will be replaced by Regulation (EC) No
1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 July 2008.
(2) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 1423/2007 (OJ L 317, 5.12.2007, p. 36).

(3) See Annex IV.

(5)

(6)

(7)

(8)

(9)

Export licences are not required for the victualling of
vessels and aeroplanes in the Community. Since the justi-
fication is similar, this provision should also apply to
deliveries
and to
to platforms
victualling in third countries. For
the same reasons,
the operations
licences
covered by Council Regulation (EEC) No 918/83 of
28 March 1983 setting up a Community system of
reliefs from customs duty (4).

should not be required for

and naval

vessels

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.

import

and export

Under
the Community rules governing the various
sectors covered by the common organisation of agri-
cultural markets,
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 Member States.

licences

computerised procedures

gradually
The use of
replacing the manual
input of data in the different
areas of administrative activity. It should therefore also
electronic
be
procedures when issuing
and
certificates.

computerised

and using

possible

licences

and

use

to

is

(4) OJ L 105, 23.4.1983, p. 1. Regulation as last amended by Regu-

lation (EC) No 274/2008 (OJ L 85, 27.3.2008, p. 1).

(10)

(11)

(12)

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The Community Regulations which introduced those
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
is
be fulfilled during the period of
necessary to define when the undertaking to export or
import is fulfilled.

their validity.

It

(16) When simplified import or export procedures are used,
the requirement to present the licence to the customs
the licence may be
authorities may be waived or
presented subsequently. However,
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.

the

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
calculated does not
applicable
to the mixture
the mixture,
correspond to the tariff classification of
such imported or exported mixtures should not qualify
for the rate fixed in advance.

is

(17)

(18)

Import licences are sometimes used to administer quan-
titative 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
in
these
question is supplied by producing copy No 1 of the
licence and, where appropriate, the extracts therefrom.
It is possible to supply such evidence within a fairly
short period. Such a time limit should therefore be
fixed for cases where the Community rules on the
licences used to administer quantitative arrangements
make reference thereto.

arrangements. The

quantitative

evidence

(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.

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.

In the interest of sound administration, licences or cer-
tificates 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 inac-
curacies 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.

(19) Where a product is placed under one of the simplified
arrangements provided for in Articles 412 to 442a of
Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down provisions for the implementation
of Council Regulation (EEC) No 2913/92 establishing
the Community Customs Code (1), 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
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.

the customs office of

(20)

(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 cer-
licence. The necessary link between the
tificate or
titular holder and the person making the customs
declaration should be established to this end.

customs

from the Community's

It can happen that, for reasons outside the control of the
party concerned,
the document constituting proof of
territory
departure
cannot be produced although the product has left the
said territory or,
in the case of operations as specified
in Article 36 of Commission Regulation (EC) No
800/1999 of 15 April 1999 laying down common
detailed rules
the system of
export refunds on agricultural products (2), reached its
destination. Such a situation may impede trade. In such
circumstances other documents should be recognised as
being equivalent.

the application of

for

(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.

(1) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 214/2007 (OJ L 62, 1.3.2007, p. 6).

(2) OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regu-

lation (EC) No 159/2008 (OJ L 48, 22.2.2008, p. 19).

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(21)

The Community Regulations which introduced the
licences and certificates concerned provide that
the
security is to be forfeit in whole or in part if import
or export is not carried out, or only partly carried out,
during the period of validity of the licence or certificate.
The action to be taken in such circumstances should be
in particular for cases where non-
specified in detail,
fulfilment of undertakings is due to force majeure.
In
such cases the obligation to import or export may be
the
considered cancelled or the period of validity of
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)

to simplify administrative procedures,

the
In order
security should be returned in full when the total
amount to be forfeit is very small.

(23)

(24)

(25)

the time of

the issue of

The security lodged at
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.

It can happen that the security is released for various
the obligation to import or export
reasons without
actually having been fulfilled.
the
wrongly released security should be relodged.

In such cases,

In order to make full use of export possibilities for agri-
refunds, a mechanism
cultural products eligible for
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 operators to return cer-
tificates 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
applicable to periods, dates and time limits (1), 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
that
provision results in the period of use of licences or cer-
tificates 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.

the following working day.

In certain cases,

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

(27)

In some sectors of the common organisation of the agri-
cultural 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
in particular where
assessed and, where appropriate,
there are difficulties, to allow pending applications to
be suspended, which amounts to rejecting those appli-
cations. It should be specified that such suspension is
also possible in the case of licences applied for under
Article 47 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 cer-
tificate may qualify for treatment as returned goods only
where the Community rules on licences and certificates
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 circu-
lation as regards the licence or certificate.

(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
and certificates must provide
confirmation.

licences

issuing

(31)

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

In some cases

it

(32) When import licences are used to determine the prefer-
ential import duty under tariff quotas, there is a danger
that forged licences may be used, in particular in cases
where there is a large difference between the full duty
and the reduced or zero duty. To reduce this danger of
fraud, there should be a mechanism for verifying the
authenticity of the licences submitted.

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(33) Where an import licence covering an agricultural product
is also used to administer a tariff quota to which prefer-
ential arrangements apply, such preferential arrangements
are to apply to importers by virtue of the licence or
in some cases, be accompanied
certificate which must,
from a third country. To avoid any
by a document
overrun in the quota,
the preferential arrangements
must apply up to the quantity for which the licence or
in order to facilitate
certificate was issued. However,
in Article 7(4)
imports,
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.

the tolerance provided for

— Article 29 of Council Regulation (EC) No 1254/1999 (5)

(beef and veal),

— Article 26 of Council Regulation (EC) No 1255/1999 (6)

(milk and milk products),

— Article 59 of Council Regulation (EC) No 1493/1999 (7)

(wine),

— Article 13 of Council Regulation (EC) No 2529/2001 (8)

(sheepmeat and goatmeat),

(34)

The measures
accordance with the opinions of all
committees concerned,

laid down in this Regulation are in
the management

— Article 9 of Regulation (EC) No 1784/2003 (cereals),

HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE OF THE REGULATION

Article 1

to certain products,

Subject to certain exceptions laid down in Community rules
this Regulation lays down
specific
import and
common rules for implementing the system of
and advance-fixing certificates
export
(hereinafter
licences
licences and certificates) established by or
referred to as
provided for in:

— Article 10 of Council Regulation (EC) No 1785/2003 (9)

(rice),

— Article 10 of Council Regulation (EC) No 865/2004 (10)

(olive oil and table olives),

— Article

of

22

(EC) No
1043/2005 (11) (agricultural products exported in the form
of goods not covered by Annex I to the Treaty),

Commission

Regulation

— Article 4 of Council Regulation (EC) No 1947/2005 (12)

(seeds),

— Article 8 of Council Regulation (EEC) No 2759/75 (1)

(pigmeat),

— Article 23 of Council Regulation (EC) No 318/2006 (13)

(sugar, isoglucose and inulin syrup),

— Article 3 of Council Regulation (EEC) No 2771/75 (2) (eggs),

— Article 3 of Council Regulation (EEC) No 2777/75 (3)

(poultrymeat),

— Article 2 of Council Regulation (EEC) No 2783/75 (4)

(ovalbumin and lactalbumin),

(1) OJ L 282, 1.11.1975, p. 1. Regulation (EEC) No 2759/75 will be
replaced by Regulation (EC) No 1234/2007 as from 1 July 2008.
(2) OJ L 282, 1.11.1975, p. 49. Regulation (EEC) No 2771/75 will be
replaced by Regulation (EC) No 1234/2007 as from 1 July 2008.
(3) OJ L 282, 1.11.1975, p. 77. Regulation (EEC) No 2777/75 will be
replaced by Regulation (EC) No 1234/2007 as from 1 July 2008.

(4) OJ L 282, 1.11.1975, p. 104.

— Articles 28 to 32 and Article 40 of Council Regulation

(EC) No 1182/2007 (14) (fruit and vegetables),

(5) OJ L 160, 26.6.1999, p. 21. Regulation (EC) No 1254/1999 will be
replaced by Regulation (EC) No 1234/2007 as from 1 July 2008.
(6) OJ L 160, 26.6.1999, p. 48. Regulation (EC) No 1255/1999 will be
replaced by Regulation (EC) No 1234/2007 as from 1 July 2008.

(7) OJ L 179, 14.7.1999, p. 1.
(8) OJ L 341, 22.12.2001, p. 3. Regulation (EC) No 2529/2001 will be
replaced by Regulation (EC) No 1234/2007 as from 1 July 2008.
(9) OJ L 270, 21.10.2003, p. 96. Regulation (EC) No 1785/2003 will
from
replaced by Regulation (EC) No 1234/2007 as

be
1 September 2008.

(10) OJ L 161, 30.4.2004, p. 97, as corrected by OJ L 206, 9.6.2004,
p. 37. Regulation (EC) No 865/2004 will be replaced by Regulation
(EC) No 1234/2007 as from 1 July 2008.

(11) OJ L 172, 5.7.2005, p. 24.
(12) OJ L 312, 29.11.2005, p. 3. Regulation (EC) No 1947/2005 will be
replaced by Regulation (EC) No 1234/2007 as from 1 July 2008.
(13) OJ L 58, 28.2.2006, p. 1. Regulation (EC) No 318/2006 will be
replaced by Regulation (EC) No 1234/2007 as from 1 October
2008.

(14) OJ L 273, 17.10.2007, p. 1.

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— Section I of Chapters II and III of Part III of Council Regu-
flowers,

lation (EC) No 1234/2007 (live plants and cut
bananas and alcohol).

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.

CHAPTER 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:

(i) under a customs procedure which allows import free of
the relevant customs duties or charges having equivalent
effect, or

On exportation of a product subject

4.
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.

to either of

to the third subparagraph concerning the
However, subject
advance fixing of
licence shall not be
required when the product actually exported is not subject to
such a licence.

refunds, an export

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.

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

A licence shall not be required and may not be produced

1.
for the purposes of operations:

Article 4

Article 3

(a) as specified in Articles 36, 40, 44 and 45 and Article 46(1)

of Regulation (EC) No 800/1999; or

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, insofar as the products actually placed in free circulation
licence, such a licence must be
are subject
produced.

to an import

(b) of a non-commercial nature; or

(c) referred to in Regulation (EEC) No 918/83; or

the
2. Where products which are subject
arrangements referred to in paragraph 1 and which contain
both:

to either of

(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

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

terms of Article 23(2) of the Treaty,

are placed in free circulation then, notwithstanding Article 7(1)
of this Regulation, for each basic product referred to in point
(b) of this paragraph actually used and being a product subject
to an import licence, such a licence shall be produced.

(d) relating to quantities not exceeding those set out

in

Annex II.

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

shall

take precautions against abuse when
Member States
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.

For the purposes of paragraph 1,

2.
commercial nature’ shall mean:

‘operations of a non-

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

(a)

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

the preliminary provisions of

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(b) exports by private individuals, provided that such operations
the requirements referred to in

satisfy, mutatis mutandis,
point (a).

CHAPTER III

GENERAL PROVISIONS

SECTION 1

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:

Scope of licences, certificates and extracts

Article 7

1.
The import or export licence shall constitute authorisation
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
products or goods concerned.

the specified quantity of

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

from this exemption;

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).

(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

(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.

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.

The following indication shall be inserted in Section 44 of the
‘No refund — Article 4(3) of Regulation
export declaration:
(EC) No 376/2008’.

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.

Article 5

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 6

An export licence shall not be required and may not be
1.
produced at the time of acceptance of the re-export declaration
that a
for products for which the exporter provides proof
favourable decision for
import
remission of
duties has been given in respect of such products under Title
VII, Chapter 5, of Regulation (EEC) No 2913/92.

repayment or

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.

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

3.
In the cases specified in Article 47 and 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 from or export to the
country or group of countries specified therein.

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

the obligation to import or

export

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

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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.

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.

7. Where, under Article 3(4) of Regulation (EEC) No
1182/71, a licence or certificate fixing the export
levy or
export refund in advance is used on the first working day
the
following the last day of
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.

its normal period of validity,

Article 11

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.

Article 8

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 entries listed in Annex III, Part A, shall
be made by the issuing agency in section 6 of the licence or
certificate.

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 cer-
tificate 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 9

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.

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.

SECTION 2

Application for and issue of licences and certificates

Article 12

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 17.

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 17, 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 appli-
cations forwarded by written telecommunication or electronic
message.

electronic message

reached

or

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.

2.
Applications for licences and certificates may be cancelled
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 10

Licences or certificates and extracts issued and entries and
endorsements made by the authorities of a Member State

1.
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.

Article 13

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However, where the rate of refund is the same for several codes
in the same category, to be determined in accordance with the
procedure referred to in Article 195(2) of Regulation (EC) No
1234/2007 and the corresponding Articles of the other Regu-
these codes may be
lations governing market organisations,
entered together on licence applications and on the licences
themselves.

Article 15

Applications for licences and licences with 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
shall contain in
Section 20 at least one of the entries listed in Annex III, Part
B, of this Regulation.

trade negotiations,

2. Where rates of refund are differentiated according to desti-
nation, 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.

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

3. Without prejudice to the first subparagraph of paragraph
1, 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
‘product group
and licences, preceded by the statement,
referred to in Article 4(2) of Regulation (EC) No 800/1999’.

Article 16

The day an application for a licence or certificate is lodged
1.
means the day on which it is received by the competent body,
provided it
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.

is received not

Article 14

Applications containing conditions not provided for in

1.
Community rules shall be refused.

2.
An application for a licence or 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.

2.
No application for a licence or certificate shall be accepted
unless an adequate security has been lodged with the competent
body not later than 1 p.m. on the day the application is lodged.

3. Where the security on a licence or certificate comes to
EUR 100 or less, or where the licence or certificate is drawn up
in the name of an intervention agency, no security shall be
required.

the options
4. Where Member States avail
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.

themselves of

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

that purpose by

approved for

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.

Article 17

1. Without prejudice
second subparagraph of
to the
Article 12(1) and Article 18(1), applications for licences or
certificates,
therefrom
licences and certificates and extracts
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.

6. Where paragraphs 3, 4 and 5 are applied, the third sub-
paragraph of Article 4(1) shall apply mutatis mutandis.

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.

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

applications only to be hand-written in ink and in block
capitals.

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 cer-
tificate was initially made, the quantity applied for and the
amount of the security relating thereto must be entered only
on the application form.

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

Forms,

3.
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
the type space
figure to 8 mm above;
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
in addition have a printed
attributions must appear shall
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 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
for the application form and
to be identified and, except
extension pages, an individual serial number. The number
shall be preceded by the following letters according to the
‘BE’ for
Member State issuing the document:
Belgium, ‘BG’ for Bulgaria, ‘CZ’ for the Czech Republic, ‘CY’ for
‘EE’ for Estonia,
Cyprus,
‘FR’ for France,
‘EL’ for Greece,
‘HU’
‘LU’
Italy,
for
‘MT’ for Malta,
Luxembourg,
‘NL’ for the Netherlands, ‘PL’ for Poland, ‘PT’ for Portugal, ‘RO’
for Romania, ‘SE’ for Sweden, ‘SI’ for Slovenia, ‘SK’ for Slovakia
and ‘UK’ for the United Kingdom.

‘DK’ for Denmark,
‘FI’ for Finland,
‘IT’
for
Ireland,
‘LV’ for Latvia,

‘ES’ for Spain,
‘IE’
‘LT’ for Lithuania,

‘DE’ for Germany,

‘AT’ for Austria,

for Hungary,

for

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

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

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

7.
States
authorities of
concerned 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.

the Member

Article 18

1. Without prejudice to Article 17, 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 cer-
tificates 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 17.

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

Article 19

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 converted
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.

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Article 20

1. Without prejudice to Article 18 relating to electronic
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.

licences and certificates

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:

(a)

in Sections 17 and 18, the quantity for which the licence or
certificate is issued;

(b) in Section 11, the amount of the corresponding security.

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

Article 21

1.
On application by the titular holder of the licence or
certificate or by the transferee, and on presentation of copy
No 1 of the document, 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.

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.

SECTION 3

Use of licences and certificates

Article 23

Copy No 1 of the licence or 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;

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

Without prejudice to Article 2(1)(i) of Regulation (EC) No
the customs declaration must be made by the
800/1999,
the transferee of
titular holder or, where applicable,
the
representative within the
certificate, or
licence or
meaning of Article 5(2) of Regulation (EEC) No 2913/92.

their

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.

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

After the office referred to in paragraph 1 has made the
3.
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.

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

2.
or certificate.

3.
Copy No 1 of an extract which has been used or which is
out of date shall be returned by the titular holder to the body
which issued 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 22

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 24

Notwithstanding Article 23, a Member State may allow

1.
the licence or certificate to be:

1.
For the purpose of determining their period of validity,
licences and certificates shall be considered to have been issued

(a)

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

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(b) in cases where Article 18 applies, stored in the database of
the issuing body or the authority responsible for payment of
the refund.

declaration, is in the possession of 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. In addition, the provisions adopted by
that Member State must ensure equal treatment for all cer-
tificates issued within the Community.

The Member State shall decide which authority is to make

3.
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;

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

The date of
acceptance of the declaration referred to in Article 23(1).

the entry shall be considered as the date of

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.

the goods may be released only if

In the case of a licence or certificate authorising import or
5.
the competent
export,
authority has
informed the customs office referred to in
Article 23(1) that the licence or certificate indicated on the
customs document is valid for the product concerned and has
been attributed.

licence but

to the
6. Where the products exported are not subject
production of an export
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
the operation
the information is incorrect,
certificate, or if
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 of acceptance of the

(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 25

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 auth-
orities 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.

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 25
of Regulation (EC) No 376/2008’ and apply its stamp.

Article 26

1.
At the request of the issuing body, the titular holder must
return to it the licence or certificate and the extracts therefrom.

returned or held in
2. Where a disputed document
accordance with this Article or Article 25,
the competent
national authorities shall on request give the party concerned
a receipt.

is

Article 27

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 auth-
orities 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.

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Article 28

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.

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

Article 29

1. Where necessary for the proper application of this Regu-
lation, 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.

3. Member States shall communicate to the Commission the
the bodies which issue licences or
names and addresses of
certificates and extracts therefrom, collect export
levies and
pay export refunds. The Commission shall publish this infor-
mation in the Official Journal of the European Union.

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.

SECTION 4

Release of securities

Article 30

tificate shall be considered to have been exercised on the
day when the declaration referred to in Article 23(1)(b) is
accepted.

Article 31

Fulfilment of a primary requirement shall be demonstrated by
production of proof:

(a)

for imports, of acceptance of the declaration referred to in
Article 23(1)(a) relating to the product concerned;

(b) for exports, of acceptance of the declaration referred to in
in

relating to the product concerned;

Article 23(1)(b)
addition:

supplies

in other cases,

in the case of

(i) in the case of either export or supplies treated as exports
within the meaning of Article 36 of Regulation (EC) No
800/1999, proof shall be required that the product has,
within 60 days from the day of acceptance of
the
export, declaration, unless prevented by force majeure,
treated as exports,
either,
reached its destination or,
the
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, but 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;

left

(ii) in cases where products have been placed under the
victualling warehouse procedure provided
in
Article 40 of Regulation (EC) No 800/1999, evidence
shall be required that the product has, within 30 days of
acceptance of the declaration of its placement under that
procedure and unless prevented force majeure, been
placed in a victualling warehouse.

for

As regards the period of validity of licences and certificates:

(a)

the obligation to import shall be considered to have been
fulfilled and the right to import under the licence or cer-
tificate shall be considered to have been exercised on the
day the declaration referred to in Article 23(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 cer-

However, when the 60-day deadline referred to in point (b)(i) of
the first paragraph or the 30-day deadline referred to in point
(b)(ii) of the first paragraph is passed, the security shall be
released in accordance with Article 23(2) of Regulation
(EEC) No 2220/85.

The security shall not be forfeited under the second paragraph
in the case of quantities for which the refund is reduced in
accordance with Article 50(1) of Regulation (EC) No
800/1999 for failure to meet
the deadlines referred to in
Article 7(1) and Article 40(1) of that Regulation.

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Article 32

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

The proof required under Article 31 shall be furnished as

1.
follows:

(a)

in the cases referred to in Article 31(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
in
the licence or certificate, endorsed as provided for
Article 23 or Article 24;

(b) in the cases referred to in Article 31(b), and subject to
paragraph 2 of this Article, 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 23 or Article 24.

2.
In addition, 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 shall be furnished as follows:

(i) production of the control copy T5 or copies referred to
in Article 912a of Regulation (EEC) No 2454/93 or a
certified copy or photocopy of such control copy T5 or
copies; or

(ii) an attestation given by the agency responsible for
paying the refund that the conditions of Article 31(b)
of this Regulation have been fulfilled; or

(iii) equivalent proof as provided for in paragraph 4 of this

Article.

Where the sole purpose of the T5 control copy is the release of
the security, the T5 control copy shall contain in Section 106
one of the entries listed in Annex III, Part C, to this Regulation.

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

(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:

The documents referred to in points (b)(i) and (ii) shall be sent
to the issuing body through official channels.

(i) the licence or certificate is issued;

(ii) the declaration referred to in Article 23(1)(b) of this

Regulation is accepted; and

(iii) the product:

— left

situated within the

this Regulation deliveries of

the Community's customs territory. For the
any
purposes of
consumption on
products
intended solely for
including
board drilling or extraction platforms,
such
for
workpoints providing support
services
operations,
the
area of
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
the Community's customs
deemed to have left
territory,

3. Where, after acceptance of
the export declaration as
referred to in Article 23(1)(b), a product is placed under one
of the simplified arrangements provided for in Articles 412 to
442a of Regulation (EEC) No 2454/93 or in Title X, Chapter I,
to the Convention of 20 May 1987 on a
of Appendix I
common transit procedure
station-of-
carriage
for
destination or delivery to a consignee outside the Community's
customs territory, the T5 control copy required under paragraph
2(b) of this Article shall be sent through official channels to the
issuing body. One of the entries listed in Annex III, Part D, to
this Regulation shall be entered in section ‘J’ of the T5 control
copy under the heading ‘Remarks’.

to a

In the case referred to in the first subparagraph, the office of
departure may permit the contract of carriage to be amended so
is
that
established:

ends within the Community only if

carriage

it

(a)

that, where the security has already been released, such
security has been renewed; or

— is delivered to one of

the destinations listed in

Article 36 of Regulation (EC) No 800/1999, or

(b) that the necessary steps have been taken by the authorities
concerned to ensure that the security is not released.

— is placed

in a

victualling warehouse

under

Article 40 of Regulation (EC) No 800/1999;

Where the security has been released without
the product
having been exported, Member States shall take appropriate
action.

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4. Where the T5 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
such application and furnishing supporting
documents.

for

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:

The supporting documents to be submitted with the application
shall be
second subparagraph of
Article 49(3) of Regulation (EC) No 800/1999.

specified in the

those

Article 33

For the purposes of Article 37 of Regulation (EC) No 800/1999,
the last day of the month shall be taken to be the day of
acceptance of the declaration referred to in Article 23(1)(b) of
this Regulation.

Article 34

1.
On application by the titular holder, Member States may
release the security by instalments in proportion to the quan-
tities of products for which proof as referred to in Article 31
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.

Subject to the application of Articles 39, 40 or 47, where
2.
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

(b) the quantity actually imported or exported.

(a) 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;

(b) where the licence or an extract from the licence is returned
to the issuing body within a period corresponding to the
its term of validity or during the month
last
following the expiry date,
the corresponding amount of
security to be forfeited shall be reduced by 25 %.

third of

The first 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.

The first subparagraph shall apply unless it
is temporarily
suspended. Where the refund for one or more products is
increased,
the Commission, acting in accordance with the
procedure referred to in Article 195(2) of Regulation (EC) No
1234/2007 or the corresponding Articles of the other Regu-
lations on the common organisation of
the markets, may
suspend the application of the first subparagraph for licences
applied for before the refund is increased and not returned to
the issuing body until the day before the increase.

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.

Licences lodged under Article 24 of this Regulation shall be
deemed to have been returned to the issuing body on the
date on which the latter receives an application from the
licence holder for the security to be released.

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.

4.
The proof referred to in Article 32(1) must be produced
within two months of the expiry of the licence or certificate,
unless this is impossible for reasons of force majeure.

In addition, if the total amount of the security which would be
forfeit comes to EUR 100 or less for a given licence or cer-
tificate, 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.

5.
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 Article 40 of
that
Regulation, as referred to in Article 32(2) of this Regulation,
must be produced within 12 months of
the
licence or certificate, unless this is impossible for reasons of
force majeure.

the expiry of

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The amount to be forfeited in respect of quantities for
6.
which proof concerning the export
licence with advance
fixing of the refund has not been provided within the time
limit set under paragraph 4 shall be reduced:

Where the proof of utilisation of
Article 32(1)(a) is provided after the prescribed time limit:

licences as specified in

(a) by 90 % if

the proof

is provided in the third month

following the date of expiry of the licence or certificate;

(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;

(b) by 50 % if

the proof

is provided in the fourth month

following the date of expiry of the licence or certificate;

(b) where the licence has been partly used within the term of
validity, the security shall be forfeit in an amount equal to:

(c) by 30 % if

the proof

is provided in the fifth month

following the date of expiry of the licence or certificate;

(i) the difference between 95 % of the quantity indicated in
the licence and the quantity actually imported, plus

(d) by 20 % if

the proof

is provided in the sixth month

following the date of expiry of the licence or certificate.

(ii) 15 % of

the security remaining after

the flat-rate

deduction made under point (i), plus

7.
In cases other than those referred to in paragraph 6, the
amount to be forfeited in respect of quantities for which proof
is not provided within the time limit set in paragraphs 4 and 5,
but is provided 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
products 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.

(iii) 3 % of the amount of the security remaining after the
deduction made under points (i) and (ii), for each day
by which the time limit
is
exceeded.

for provision of proof

SECTION 5

Loss of licences and certificates

Article 35

8.
The competent authorities may waive the obligation to
provide the proof referred to in paragraphs 4 and 5 if they
are already in possession of the necessary information.

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

9. 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.

In the case of import licences for which a Community
10.
provision makes this paragraph applicable, paragraphs 4 to 8
notwithstanding,
the licence as
the proof of utilisation of
referred to in Article 32(1)(a) must be produced within 45
days of expiry of
the licence, unless this is impossible for
reasons of force majeure.

The body issuing the licence or certificate shall issue at the
2.
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:

(a)

the aims of

this Article will be respected;

the character of the applicant is not such as to guarantee
in each
that
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;

(b) the applicant has

taken
reasonable precautions to prevent the loss of the licence,
certificate or extract.

failed to show that he has

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A refund determined in the context of a tendering

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

A replacement licence, certificate or extract shall contain
4.
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.

licence or

the original

(b) shall be that for which the most recent declaration was
accepted under
certificate, an
extract of the original licence or certificate, a replacement
licence or certificate, or a replacement extract.
In cases
the last export
is less than the
where the quantity of
excess
immediately
export or
the
quantity,
preceding shall be taken into account until the depletion
of the excess quantity.

exports

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

One of the entries listed in Annex III, Part E, underlined in red,
shall be entered in Section 22 of replacement licences, cer-
tificates or extracts.

9.
Insofar as the security referred to in paragraph 6 has not
become forfeit by virtue of paragraph 7, it shall be released 15
months after expiry of the period of validity of the licence or
certificate.

5. Where the replacement
re-
placement extract is lost, no further replacement licence or cer-
tificate or extract shall be issued.

licence or certificate or

6.
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:

(a)

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

(b) 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
licence or
lodged with the body which issued the original
certificate.

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

In addition, in cases where paragraph 7 applies and where
the
levy applies on the date of acceptance of
the excess
levy applicable on that day shall be

8.
an export
declaration referred to in Article 23(1)(b)
quantity,
collected.

the export

for

The excess quantity:

10. 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, certificate 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
6 shall be released immediately.

However, if the available quantity is larger, the party concerned
may request issue of an extract for a quantity,
including the
tolerance margin, equalling the remaining available quantity.

11.
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 T5 as referred to in Article 912a 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
licence or certificate shall be
inserted in Section 105 of the control copy T5. Where an
extract of a licence or certificate, a replacement licence or cer-
tificate, or a replacement extract is used, the number of the
original
licence or certificate shall be inserted in section 106
of the control copy T5.

the original

Article 36

1. With the exception of the cases referred to in paragraph 2,
the competent authority shall refuse to issue a replacement
licence or certificate or replacement extract where the issue of
licences or certificates for the product in question is suspended
or where the issue of licences or certificates is effected within
the framework of a quantitative quota.

(a) shall be determined in accordance with paragraph 7;

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

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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
issue a
replacement
for a quantity of
tolerance margin where necessary,
goods,
the
In this case the
equalling the quantity remaining available.
first sentence of Article 35(4) shall apply.

licence, certificate or extract

licence or certificate shall

including

Article 37

Member
States
Commission of:

shall

at

quarterly

intervals

inform the

SECTION 6

Force majeure

Article 39

1. Where, as a result of an event which the operator regards
as constituting force majeure, import or export cannot be effected
during the period of validity of the licence or certificate, the
titular holder shall apply to the competent body of the Member
State of issue either for 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
months of the expiry of the period of validity of the licence
or certificate.

(a)

the number of replacement licences, certificates or extracts
issued during the previous quarter:

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.

(i) by virtue of Article 35;

(ii) by virtue of Article 36;

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.

(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 38

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.

3. Where the 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 country, 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.

Duplicates may not be used to carry out import or export

2.
operations.

4.
The competent body referred to in paragraph 1 shall
decide if the circumstances relied upon constitute force majeure.

3.
Duplicates shall be presented to the offices where the
declaration referred to in Article 23 was accepted under the
lost
licence, certificate or extract, or to another competent
authority designated by the Member State in which the offices
are situated.

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.

Article 40

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 cer-
tificate 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. Such
extension may take place after the expiry of the validity of the
licence or certificate.

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The decision taken by the competent body may differ
the

2.
from the decision requested by the titular holder of
licence or certificate.

(i) the operator who is entitled to use the first licence has

so used the second licence, and

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.

3.
The decision to cancel or extend the licence shall relate
only to the quantity of product which could not be imported or
exported as a 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 8(1), where the period of validity
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 authorised when requested at the same
time as the extension.

6.
The Member State to which the competent body belongs
shall advise the Commission of the case of force majeure; the
Commission shall inform the other Member States thereof.

Article 41

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:

(ii) such use has taken place during the extended period of

validity;

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

referred to in point (a) 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.

3. Where the competent body concludes that there was no
case of force majeure or where it decides, under Article 40, that
the first licence should be cancelled, then the rights and obli-
gations arising from the second licence shall stand.

CHAPTER IV

SPECIAL PROVISIONS

Article 42

subject

Products

amounts

to a system of export

1.
licences or
qualifying for a system of advance fixing of refunds or of
for
other
treatment as returned goods under Title VI, Chapter 2 of Regu-
lation (EEC) No 2913/92 only where the following provisions
have been complied with:

applicable on exports may

qualify

(a)

if export was effected without an export licence or advance-
fixing certificate, then where the information sheet INF 3 as
in Article 850 of Regulation (EEC) No
provided for
it must bear in Section A one of the
2454/93 is used,
entries listed in Annex III, Part G, to this Regulation.

(b) if export was effected under cover of an export licence or

advance fixing certificate, Article 43 shall apply.

(a)

it shall be issued for no more than the unused quantity on
the first licence for which extension has been applied for;

2.

If the returned goods are reimported:

(b) Section 20 thereof shall contain one of the entries listed in

Annex III, Part F.

2. Where the competent 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:

(a)

through a customs office in a Member State other than the
exporting Member State, proof that Article 43(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

(b) through a customs office situated in the same Member State,
proof
or
Article 43(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.

provisions

paragraph

1(a)

the

of

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

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

is followed by the export of
parties concerned if reimport
equivalent products falling within the same subheading of the
Combined Nomenclature.

Article 43

1. Where the obligation to export is not complied with, in
the cases referred to in Article 42, 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
the returned-
declares his intention to avail himself of
goods provisions of Article 42:

2.

The export operation:

(a) must be one for which the declaration was accepted:

(i) within no more than 20 days following the date of
acceptance of the reimport declaration for the returned
goods; and

(i) the entry on the licence or certificate relating to the

export in question shall be cancelled;

(ii) 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;

(ii)

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

(b) must concern products:

(i) of the same quantity; and

(iii) the export licence or advance fixing certificate shall be

returned to the titular holder;

(ii) addressed to the consignee indicated for the original
export consignments, except in the cases referred to in
Article 844(2)(c) or (d) of Regulation (EEC) No 2454/93.

(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
the returned goods
his
provisions of Article 42, then:

intention to avail himself of

(i) where the security relating to the licence or certificate
in
to the

has not been released in respect of
question,
rules applicable in the particular case,

the security shall be forfeit, subject

the export

(ii) 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.

Paragraph 1 shall not apply if

the goods have been
2.
returned owing to force majeure, or in the cases referred to in
Article 844(2)(b) of Regulation (EEC) No 2454/93.

The exporter must provide to the satisfaction of the customs
office of export all necessary information on the product's
characteristics and destination.

The security shall be released when proof is furnished to
3.
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
such by the
copy or photocopy thereof certified as
competent authorities and bearing one of the entries listed
in Annex III, Part H; the entry must be authenticated by the
stamp of the customs office concerned, applied directly to
the document in question;

(b) a document certifying that

the products have left
customs
territory within 60 days
the customs export declaration, except

the
of
in

Community's
acceptance of
case of force majeure.

Article 44

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 43, that security shall be released at the requests of the

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 be
provided by the authority that issued the licence or certificate,
subject to paragraph 4 of this Article.

Article 45

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The importer shall inform the authority that issued the licence
or certificate of:

(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

(a)

the decision-making customs
the name and address of
authority referred to in Article 877(1) of Regulation
(EEC) No 2454/93 to which confirmation should be sent;

(c)

the licence or certificate on which the quantity imported has
been entered has not yet been returned to the party
concerned when the
or
remission of duty is lodged.

application for

repayment

(b) the quantity and nature of the products in question, the date
the licence or certificate

import and the number of

of
concerned.

5.

The first sentence of paragraph 3:

If the licence or certificate has not been returned to the issuing
authority, the importer shall submit it to that authority.

(a) shall not apply in the case referred to in paragraph 4(b);

Before sending the confirmation referred to in the first subpara-
graph, the authority which issued the licence or certificate must
ensure that:

(a)

the security covering the quantities in question has not been
and will not be released; or

(b) 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 customs 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)

reasons of

for
the products must be re-
exported, destroyed or placed in a customs warehouse or
free zone; or

force majeure

(b) shall apply only on the request of the party concerned in

the case referred to in paragraph 4(a).

Article 46

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 45, the security shall be released
at the request of the party concerned if the conditions set out in
paragraph 2 of this Article are fulfilled.

The party concerned must prove to the satisfaction of the
2.
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 Nomenclature has
been imported from the same exporting country and from the
same supplier to replace products to which Article 238 of
Regulation (EEC) No 2913/92 has been applied

Article 47

1.
This Article shall apply to licences fixing the export refund
in advance applied for in connection with an invitation to
tender issued in an importing third country.

The expression ‘invitation to tender’ shall be understood to
mean open invitations
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.

issued by public agencies

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.

Exporters who have submitted or wish to submit a tender
2.
referred to in
in response to an invitation to tender as
paragraph 1 may, provided the
specified in
paragraph 3 are fulfilled, apply for one or more licences,
which will be issued subject to their being awarded a contract.

conditions

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This Article shall apply only if the following particulars at

3.
least are specified in the invitation to tender:

(a)

the importing third country and the agency issuing the
invitation to tender;

(b) the closing date for the submission of tenders;

No special measure taken subsequent to the expiry of the said
period may prevent the issue of one or more licences issued in
respect of
in question where the
the invitation to tender
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

(c)

the specific quantity of products covered by the invitation to
tender.

contract;

The party concerned shall communicate those particulars to the
issuing body when applying for the licence.

An application for a licence may not be lodged more than 15
days before the closing date for the submission of tenders but
must be lodged at the latest by 1 p.m. on that closing date.

The quantity in respect of which the licence or licences are
applied for may not exceed the quantity specified in the invi-
tation to tender. No account shall be taken of tolerances or
options provided for in the invitation to tender.

(c)

the security required for the issue of the licence is lodged;
and

(d) the contract is presented; or

(e) where the absence of the contract is justified, documen-
tation is submitted attesting the obligations entered into
with the other contracting party or parties, including confir-
mation from his or their bank of the opening of an ir-
revocable letter of credit by the purchaser's financial insti-
tution to the agreed delivery.

Member States shall immediately inform the Commission of the
particulars referred to in the first subparagraph.

The licence or licences shall be issued only for the country
referred to in point (a) of the first subparagraph of paragraph
3. The invitation to tender shall be mentioned thereon.

Notwithstanding Article 14(2), the security need not be

4.
lodged when the licence is applied for.

5. Within 21 days of the closing date for submitting tenders,
except in the case of force majeure, the applicant shall inform the
to
issuing body by letter or by written telecommunication,
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;

The total quantity for which the licence or licences 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 point (e) of the second subparagraph of this
paragraph; such quantity may not exceed the quantity applied
for.

Moreover, where several licences are applied for, the quantity
for which the licence or licences are issued may not exceed the
quantity initially requested for each licence.

(b) that he has not been awarded a contract;

For the purposes of determining the period of validity of the
licence, Article 22(1) shall apply.

(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.

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

No licence may be issued for a quantity for which the applicant
has not been awarded a contract or has failed to comply with
any of the conditions specified in points (a), (b), (c), (d) or (a),
(b), (c), (e) of the second subparagraph of this paragraph.

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

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Official Journal of the European Union

26.4.2008

In the cases referred to in paragraph 5(b), (c) and (d), no
7.
licence shall be issued in connection with the application
referred to in paragraph 3.

himself in the situation referred to in the first indent of the
first subparagraph, the issuing body may extend the period
of validity of the licence provided it does not exceed the
maximum period of validity permitted under those rules.

8. Where the applicant for a licence fails to comply with
paragraph 5, no licence shall be issued.

(c)

However, where the applicant furnishes proof to the issuing
body that the closing date for the submission of tenders has
been deferred:

(a) 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;

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 licence 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
In such cases the rate of 95 %
referred to in Article 34(2) shall be replaced by 90 %.

the licence.

(b) by more than 10 days, the application shall no longer be

valid.

(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
licence, account shall be taken, where applicable, of other
amounts provided for under Community rules.

The following conditions shall apply to the release of the

9.
security:

(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
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 validity of the
licence.

force majeure,

the

(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
day of the validity of the licence, 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 validity of the licence, extend the validity of
the licence by the period required.

However, where special rules governing certain products
provide that
the period of validity of a licence issued
under
this Article may exceed the normal period of
validity of such a licence and the successful tenderer finds

In special cases, exceptions to the rules provided for in
10.
paragraphs 1 to 9 may be laid down following the procedure
referred to in Article 195(2) of Regulation (EC) No 1234/2007
or, as appropriate,
in the corresponding Articles of the other
Regulations on the common organisation of markets.

Article 48

licence and where that

1. Where imports of a product are subject to presentation of
an import
to
determine eligibility under preferential arrangements, the quan-
tities imported within the tolerance in excess of the quantity
shown on the import licence shall not qualify under the prefer-
ential arrangements.

licence also serves

Save where the regulations in particular sectors require special
indicate
wording, Section 24 of licences and certificates shall
one of the entries listed in Annex III, Part I.

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.

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 quan-
tities in excess.

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

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4. Where imports of a product are not subject to presen-
tation 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.

CHAPTER V

FINAL PROVISIONS

Article 49

Regulation (EC) No 1291/2000 is repealed.

The customs office accepting the declaration of release for
5.
free circulation shall keep a copy of
the licence or extract
presented giving entitlement to a preferential arrangement. On
the basis of a risk analysis, copies of at least 1 % of licences
presented, and at least two licences per year and per customs
to the issuing bodies indicated on the
office, shall be sent
licences
authenticity can be verified. This
paragraph shall not apply to electronic licences or licences for
which another means of
laid down by
Community rules.

verification is

so that

their

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex IV.

Article 50

This Regulation shall enter into force on the 20th day following
that of
the European
Union.

its publication in the Official

Journal of

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

Done at Brussels, 23 April 2008.

For the Commission
The President

José Manuel BARROSO

L 114/26

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Official Journal of the European Union

26.4.2008

ANNEX I

IMPORT LICENCE

EXPORT LICENCE OR ADVANCE FIXING CERTIFICATE

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ANNEX II

Maximum quantities (1) of products for which import or export licences or advance-fixing certificates need not
be presented pursuant to Article 4(1)(d) (provided import or export does not take place under preferential
arrangements subject to a licence (2))

Product (Combined Nomenclature codes)

Net quantity

A

CEREALS AND RICE (Commission Regulation (EC) No 1342/2003 (3))

Import licence:

0709 90 60

0712 90 19

0714

With the exception of subheading 0714 20 10

5 000 kg

1001 10 00

1001 90 91

1001 90 99

1002 00 00

1003 00

1004 00 00

1005 10 90

1005 90 00

1007 00 90

1006 10

1006 20

1006 30

1006 40 00

1008

1101 00

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 00 40

ex 2309

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

syrup

Containing starch, glucose, glucose syrup, malto-dextrine, malto-
dextrine
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 % weight of milk products

falling within

1702 30 51

subheadings

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Official Journal of the European Union

L 114/35

Product (Combined Nomenclature codes)

Net quantity

Export licence with or without advance fixing of the refund:

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

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 00 40

ex 2309

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

syrup

Containing starch, glucose, glucose syrup, malto-dextrine, malto-
dextrine
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 % weight of milk products

falling within

1702 30 51

subheadings

L 114/36

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Official Journal of the European Union

26.4.2008

Product (Combined Nomenclature codes)

Net quantity

B

OILS AND FATS
Import licence (Commission Regulation (EC) No 1345/2005 (5)):

100 kg

2 000 kg

2 000 kg

0709 90 39

0711 20 90

1509

1510 00

1522 00 31

1522 00 39

2306 90 19

C

SUGAR (Commission Regulation (EC) No 951/2006 (6))

Import licence:

1212 91 20

1212 91 80

1212 99 20

1701 11

1701 12

1701 91 00

1701 99

1702 20

1702 30 10

1702 40 10

1702 60

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 99 20

1701 11

1701 12

1701 91 00

1701 99

1702 20

1702 30 10

1702 40 10

1702 60

1702 90 30

1702 90 60

1702 90 71

1702 90 80

1702 90 99

1703

2106 90 30

2106 90 59

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Product (Combined Nomenclature codes)

Net quantity

D

MILK AND MILK PRODUCTS

Import licence (Commission Regulation (EC) No 2535/2001 (7)):

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 food-
stuffs containing products to which Regulation (EC) No 1255/1999
is applicable, directly or pursuant to Council Regulation (EC) No
1667/2006 (8), with the exception of preparations and foodstuffs to
which Regulation (EC) No 1784/2003 applies

Export licence with advance fixing of the refund (Commission Regulation (EC) No 1282/2006 (9)):

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 food-
stuffs containing products to which Regulation (EC) No 1255/1999
is
to Regulation (EC) No
1667/2006, with the exception of preparations and foodstuffs to
which Regulation (EC) No 1784/2003 applies

applicable, directly or pursuant

Export licence without refund (second subparagraph of Article 3(1) of Regulation (EC) No
1282/2006):

0402 10

E

BEEF AND VEAL (Commission Regulation (EC) No 1445/95 (10))

Import licence:

0102 90 05 to
0102 90 79

150 kg

One animal

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Official Journal of the European Union

26.4.2008

Product (Combined Nomenclature codes)

Net quantity

200 kg

0201

0202

0206 10 95

0206 29 91

0210 20

0210 99 51

0210 99 90

1602 50

1602 90 61

1602 90 69

Export licence with 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 99 51

0210 99 90

1602 50

1602 90 61

1602 90 69

Export licence without refund (Article 7 of Regulation (EC) No 1445/95):

0102 10

0102 90 05 to
0102 90 79

0201

0202

0206 10 95

0206 29 91

0210 20

0210 99 51

0210 99 90

1602 50

1602 90 61

1602 90 69

F

SHEEPMEAT AND GOATMEAT
Import licence (Commission Regulation (EC) No 1439/95 (11)):

0204

0210 99 21

0210 99 29

1602 90 72

1602 90 74

1602 90 76

1602 90 78

0104 10 30

0104 10 80

0104 20 90

One animal

200 kg

Nine animals

2 000 kg

100 kg

Five animals

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Product (Combined Nomenclature codes)

Net quantity

G

PIGMEAT

Export licence with advance fixing of the refund (Commission Regulation (EC)
No 1518/2003 (12)):

0203

1601

1602

0210

H

POULTRYMEAT

Export licence with advance fixing of the refund and ex post export licence (Commission Regulation
(EC) No 633/2004 (13)):

0105 11 11 9000

0105 11 19 9000

0105 11 91 9000

0105 11 99 9000

0105 12 00 9000

0105 19 20 9000

0207

I

EGGS

Export licence with advance fixing of the refund and ex post export licence (Commission Regulation
(EC) No 596/2004 (14)):

0407 00 11 9000

0407 00 19 9000

0407 00 30 9000

0408 11 80 9100

0408 91 80 9100

0408 19 81 9100

0408 19 89 9100

0408 99 80 9100

J

WINE (Commission Regulation (EC) No 883/2001 (15))

Import licence:

2009 61

2009 69

2204 10

2204 21

2204 29

2204 30

Export licence with advance fixing of the refund:

2009 61

2009 69

2204 21

2204 29

2204 30

250 kg

150 kg

4 000 chicks

2 000 chicks

250 kg

2 000 eggs

4 000 eggs

400 kg

100 kg

250 kg

3 000 kg

30 hl

10 hl

10 hl

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Official Journal of the European Union

26.4.2008

Product (Combined Nomenclature codes)

Net quantity

K

FRUIT AND VEGETABLES

Export licence with advance fixing of the refund (Commission Regulation (EC)
No 1961/2001 (16)):

0702 00

0802

0805
0806 10 10

0808

0809

L

PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES
Export licence with advance fixing of the refund (Commission Regulation (EC) No 1429/95 (17)):

0806 20

0812

2002
2006 00

2008

2009

M

ALCOHOL
Import licence (Commission Regulation (EC) No 2336/2003 (18)):

2207 10 00

2207 20 00

2208 90 91

2208 90 99

300 kg

300 kg

100 hl

100 hl

(1) The maximum quantities of agricultural products that can be imported or exported without a licence or certificate correspond to an
eight-digit subheading of the Combined Nomenclature and, if export refunds are involved, to a 12-digit subheading of the nomen-
clature for agricultural product refunds.

(2) In the case of an import, 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 imports under
normal arrangements, i.e. with payment of full duties and with no limits on quantities.

(3) OJ L 189, 29.7.2003, p. 12.
(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 212, 17.8.2005, p. 13.
(6) OJ L 178, 1.7.2006, p. 24.
(7) OJ L 341, 22.12.2001, p. 29.
(8) OJ L 312, 11.11.2006, p. 1.
(9) OJ L 234, 29.8.2006, p. 4.
(10) OJ L 143, 27.6.1995, p. 35.
(11) OJ L 143, 27.6.1995, p. 7.
(12) OJ L 217, 29.8.2003, p. 35.
(13) OJ L 100, 6.4.2004, p. 8.
(14) OJ L 94, 31.3.2004, p. 33.
(15) OJ L 128, 10.5.2001, p. 1.
(16) OJ L 268, 9.10.2001, p. 8.
(17) OJ L 141, 24.6.1995, p. 28.
(18) OJ L 346, 31.12.2003, p. 19.

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ANNEX III

Part A

Entries referred to in the second subparagraph of Article 8(2)

— In Bulgarian:

правата са прехвърлени обратно на титуляря на [дата] …

— In Spanish:

Retrocesión al titular el …

— In Czech:

Zpětný převod držiteli dne …

— In Danish:

tilbageføring til indehaveren den …

— In German:

Rückübertragung auf den Lizenzinhaber am …

— In Estonian:

õiguste tagasiandmine litsentsi/sertifikaadi omanikule …

— In Greek:

εκ νέου παραχώρηση στον δικαιούχο στις …

— In English:

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

— In French:

rétrocession au titulaire le …

— In Italian:

retrocessione al titolare in data …

— In Latvian:

tiesības nodotas atpakaļ to nominālajam īpašniekam [datums]

— In Lithuanian:

teisės perleidžiamos savininkui (data) …

— In Hungarian:

Visszátruházás az eredeti engedélyesre …-án/-én

— In Maltese:

Drittijiet trasferiti lura lid-detentur titolari fil-…

— In Dutch:

aan de titularis geretrocedeerd op …

— In Polish:

Retrocesja na właściciela tytularnego

— In Portuguese:

retrocessão ao titular em …

— In Romanian:

Drepturi retrocedate titularului la data de [data]

— In Slovak:

Spätný prevod na oprávneného držiteľa dňa …

— In Slovenian:

Ponoven odstop nosilcu pravic dne …

— In Finnish:

palautus todistuksenhaltijalle …

— In Swedish:

återbördad till licensinnehavaren den …

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Official Journal of the European Union

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Part B

Entries referred to in the first paragraph of Article 15

— In Bulgarian:

Лицензия по ГАТТ — хранителна помощ

— In Spanish:

Certificado GATT — Ayuda alimentaria

— In Czech:

Licence GATT — potravinová pomoc

— In Danish:

GATT-licens — fødevarehjælp

— In German:

GATT-Lizenz — Nahrungsmittelhilfe

— In Estonian:

GATTi alusel välja antud litsents — toiduabi

— In Greek:

Πιστοποιητικό GATT — επισιτιστική βοήθεια

— In English:

Licence under GATT — food aid

— In French:

Certificat GATT — aide alimentaire

— In Italian:

Titolo GATT — aiuto alimentare

— In Latvian:

Licence saskaņā ar GATT — pārtikas atbalsts

— In Lithuanian:

GATT licencija — pagalba maistu

— In Hungarian:

GATT-engedély — élelmiszersegély

— In Maltese:

Ċertifikat GATT — għajnuna alimentari

— In Dutch:

GATT-certificaat — Voedselhulp

— In Polish:

Świadectwo GATT — pomoc żywnościowa

— In Portuguese:

Certificado GATT — ajuda alimentar

— In Romanian:

Licență GATT — ajutor alimentar

— In Slovak:

Licencia podľa GATT — potravinová pomoc

— In Slovenian:

GATT dovoljenje — pomoč v hrani

— In Finnish:

GATT-todistus — elintarvikeapu

— In Swedish:

Gatt-licens — livsmedelsbistånd

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Part C

Entries referred to in the third subparagraph of Article 32(2)

— In Bulgarian:

Да се използва за освобождаване на гаранцията

— In Spanish:

Se utilizará para liberar la garantía

— In Czech:

K použití pro uvolnění jistoty

— In Danish:

— In German:

Til brug ved frigivelse af sikkerhed

Zu verwenden für die Freistellung der Sicherheit

— In Estonian:

Kasutada tagatise vabastamiseks

— In Greek:

— In English:

— In French:

— In Italian:

Προς χρησιμοποίηση για την αποδέσμευση της εγγύησης

To be used to release the security

À utiliser pour la libération de la garantie

Da utilizzare per lo svincolo della cauzione

— In Latvian:

Izmantojams drošības naudas atbrīvošanai

— In Lithuanian:

Naudotinas užstatui grąžinti

— In Hungarian:

A biztosíték feloldására használandó

— In Maltese:

Biex tiġi użata għar-rilaxx tal-garanzija

— In Dutch:

— In Polish:

Te gebruiken voor vrijgave van de zekerheid

Do wykorzystania w celu zwolnienia zabezpieczenia

— In Portuguese:

A utilizar para liberar a garantia

— In Romanian:

A se utiliza pentru eliberarea garanției

— In Slovak:

Použiť na uvoľnenie záruky

— In Slovenian:

Uporabiti za sprostitev varščine

— In Finnish:

— In Swedish:

Käytettäväksi vakuuden vapauttamiseen

Att användas för frisläppande av säkerhet

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Entries referred to in the first subparagraph of Article 32(3)

Part D

— In Bulgarian:

Напускане на митническата територия на Общността под опростен режим общностен транзит с
железопътен транспорт или с големи контейнери

— In Spanish:

— In Czech:

— In Danish:

— In German:

— In Estonian:

— In Greek:

— In English:

— In French:

— In Italian:

— In Latvian:

— In Lithuanian:

— In Hungarian:

— In Maltese:

— In Dutch:

— In Polish:

— In Portuguese:

— In Romanian:

— In Slovak:

— In Slovenian:

— In Finnish:

— In Swedish:

Salida del territorio aduanero de la Comunidad bajo el régimen de tránsito comunitario
simplificado por ferrocarril o en contenedores grandes

Opuštění celního území Společenství ve zjednodušeném tranzitním režimu Společenství pro
přepravu po železnici nebo ve velkých kontejnerech

Udgang fra Fællesskabets toldområde i henhold til ordningen for den forenklede procedure for
fællesskabsforsendelse med jernbane eller store containere

Ausgang aus dem Zollgebiet der Gemeinschaft im Rahmen des vereinfachten gemeinschaf-
tlichen Versandverfahrens mit der Eisenbahn oder in Großbehältern

Ühenduse tolliterritooriumilt väljaviimine ühenduse lihtsustatud transiidiprotseduuri kohaselt
raudteed mööda või suurtes konteinerites

Έξοδος από το τελωνειακό έδαφος της Κοινότητας υπό το απλοποιημένο καθεστώς της κοινοτικής
διαμετακόμισης με σιδηρόδρομο ή μεγάλα εμπορευματοκιβώτια

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

Izvešana no Kopienas muitas teritorijas, izmantojot Kopienas vienkāršoto tranzīta procedūru
pārvadājumiem pa dzelzceļu vai lielos konteineros

Išvežama iš Bendrijos muitų teritorijos pagal supaprastintą Bendrijos tranzito geležinkeliu arba
didelėse talpyklose tvarką

A Közösség vámterületét elhagyta egyszerűsített közösségi szállítási eljárás keretében vasúton
vagy konténerben

Ħruġ mit-territorju tad-dwana tal-Komunità taħt il-proċedura tat-tranżitu Komunitarja simpli-
fikata bil-ferroviji jew b’kontejners kbar

Vertrek uit het douanegebied van de Gemeenschap onder de regeling vereenvoudigd commu-
nautair douanevervoer per spoor of in grote containers

Opuszczenie obszaru celnego Wspólnoty zgodnie z uproszczoną procedurą tranzytu wspól-
notowego w przewozie koleją lub w wielkich kontenerach

Saída do território aduaneiro da Comunidade ao abrigo do regime do trânsito comunitário
simplificado por caminho-de-ferro ou em grandes contentores

Ieșire de pe teritoriul vamal al Comunității în cadrul regimului de tranzit comunitar simplificat
pentru transport pe calea ferată sau în containere mari

Opustenie colného územia spoločenstva na základe zjednodušeného postupu spoločenstva pri
tranzite v prípade prepravy po železnici alebo vo vel'kých kontajneroch

Izstop iz carinskega območja Skupnosti pod skupnostnim poenostavljenim tranzitnim
režimom po železnici ali z velikimi zabojniki

Vienti yhteisön tullialueelta yhteisön yksinkertaistetussa passitusmenettelyssä rautateitse tai
suurissa konteissa

Utförsel från gemenskapens tullområde enligt det förenklade transiteringsförfarandet för järn-
vägstransporter eller transporter i stora containrar.

26.4.2008

EN

Official Journal of the European Union

L 114/45

Entries referred to in the second subparagraph of Article 35(4)

Part E

— In Bulgarian:

Заместваща лицензия (сертификат или извлечение) за изгубена лицензия (сертификат или
извлечение) — Номер на оригиналната лицензия (сертификат) …

— In Spanish:

— In Czech:

— In Danish:

— In German:

— In Estonian:

— In Greek:

— In English:

— In French:

— In Italian:

— In Latvian:

— In Lithuanian:

— In Hungarian:

— In Maltese:

— In Dutch:

— In Polish:

— In Portuguese:

— In Romanian:

— In Slovak:

— In Slovenian:

— In Finnish:

— In Swedish:

Certificado (o extracto) de sustitución de un certificado (o extracto) perdido — número del
certificado inicial …

Náhradní licence (osvědčení nebo výpis) za ztracenou licenci (osvědčení nebo výpis) — číslo
původní licence (osvědčení) …

Erstatningslicens/-attest
partiallicens) — oprindelig licens/attest (eller partiallicens) nr. …

(eller erstatningspartiallicens)

for bortkommen licens/attest

(eller

Ersatzlizenz (oder Teillizenz) einer verlorenen Lizenz (oder Teillizenz) — Nummer der
ursprünglichen Lizenz …

Kaotatud litsentsi/sertifikaati
esialgse litsentsi/sertifikaadi number …

(või väljavõtet) asendav litsents/sertifikaat

(või väljavõte) —

Πιστοποιητικό (ή απόσπασμα) αντικαταστάσεως του απωλεσθέντος πιστοποιητικού (ή αποσπάσματος
πιστοποιητικού) — αρχικό πιστοποιητικό αριθ. …

Replacement licence (certificate or extract) of a lost licence (certificate or extract) — Number
of original licence (certificate) …

(ou extrait) de remplacement d’un certificat

Certificat
certificat initial …

(ou extrait) perdu — numéro du

Titolo (o estratto) sostitutivo di un titolo (o estratto) smarrito — numero del
originale …

titolo

Nozaudētās licences (sertifikāta vai izraksta) aizstājēja licence (sertifikāts vai izraksts). Licences
(sertifikāta) oriģināla numurs

Pamesto sertifikato (licencijos,
(licencijos, išrašo) originalo numeris …

išrašo) pakaitinis sertifikatas (licencija,

išrašas) — sertifikato

Helyettesítő engedély (vagy kivonat) elveszett engedély (vagy kivonat) pótlására — az eredeti
engedély száma

Liċenzja (ċertifikat jew estratt) ta' sostituzzjoni ta’ liċenzja (ċertifikat jew estratt) mitlufa —
numru tal-liċenzja (ċertifikat) oriġinali …

Certificaat (of uittreksel) ter vervanging van een verloren gegaan certificaat (of uittreksel) —
nummer van het oorspronkelijke certificaat …

Świadectwo zastępcze (lub wyciąg) świadectwa (lub wyciągu) utraconego — numer świa-
dectwa początkowego

Certificado (ou extracto) de substituição de um certificado (ou extracto) perdido — número
do certificado inicial

Licență (certificat sau extras) de înlocuire a unei
Numărul licenței (certificatului) originale …

licențe (certificat sau extras) pierdute —

Náhradná licencia (certifikát alebo výpis) za stratenú licenciu (certifikát alebo výpis) — číslo
pôvodnej licencie (certifikátu) …

Nadomestno dovoljenje (potrdilo ali izpisek) za izgubljeno dovoljenje (potrdilo ali izpisek) —
številka izvirnega dovoljenja …

Kadonneen todistuksen (tai otteen) korvaava todistus (tai ote). Alkuperäisen todistuksen
numero …

Ersättningslicens (licens eller dellicens) för förlorad licens (licens eller dellicens). Nummer på
ursprungslicensen …

L 114/46

EN

Official Journal of the European Union

26.4.2008

Entries referred to in Article 41(1)(b)

Part F

— In Bulgarian:

Лицензия, издадена съгласно член 41 от Регламент (ЕО) № 376/2008; оригинална лицензия
№ …

— In Spanish:

— In Czech:

— In Danish:

— In German:

Certificado emitido de conformidad con el artículo 41 del Reglamento (CE) no 376/2008;
certificado inicial no …

Licence vydaná podle článku 41 nařízení (ES) č. 376/2008; č. původní licence …

Licens udstedt på de i artikel 41 i
oprindelig licens nr. …

forordning (EF) nr. 376/2008 fastsatte betingelser;

Unter den Bedingungen von Artikel 41 der Verordnung (EG) Nr. 376/2008 erteilte Lizenz;
ursprüngliche Lizenz Nr. …

— In Estonian:

Määruse (EÜ) nr 376/2008 artikli 41 kohaselt väljaantud litsents; esialgne litsents nr …

— In Greek:

— In English:

— In French:

— In Italian:

— In Latvian:

— In Lithuanian:

— In Hungarian:

— In Maltese:

— In Dutch:

— In Polish:

— In Portuguese:

— In Romanian:

— In Slovak:

Πιστοποιητικό που εκδίδεται υπό τους όρους του άρθρου 41 του κανονισμού (ΕΚ) αριθ.
376/2008· αρχικό πιστοποιητικό αριθ. …

Licence issued in accordance with Article 41 of Regulation (EC) No 376/2008; original licence
No …

Certificat émis dans les conditions de l’article 41 du règlement (CE) no 376/2008; certificat
initial no …

Titolo rilasciato alle condizioni dell'articolo 41 del regolamento (CE) n. 376/2008; titolo
originale n. …

Licence, kas ir izsniegta saskaņā ar Regulas (EK) Nr. 376/2008 41. pantu; licences oriģināla
Nr. …

Licencija išduota Reglamento (EB) Nr. 376/2008 41 straipsnyje nustatytomis sąlygomis;
licencijos originalo Nr. …

Az 376/2008/EK rendelet 41. cikkében foglalt feltételek szerint kiállított engedély; az eredeti
engedély száma: …

Liċenzja maħruġa skond l-Artikolu 41 tar-Regolament (KE) Nru 376/2008; liċenzja oriġinali
Nru …

Certificaat afgegeven overeenkomstig artikel 41 van Verordening (EG) nr. 376/2008; oor-
spronkelijk certificaatnummer …

Świadectwo wydane zgodnie z warunkami art. 41 rozporządzenia (WE) nr 376/2008;
pierwsze świadectwo nr …

Certificado emitido nas
n.o 376/2008; certificado inicial n.o …

condições previstas no artigo 41.o do Regulamento (CE)

Licență eliberată în conformitate cu articolul 41 din Regulamentul (CE) nr. 376/2008; licență
originală nr. …

Licencia vydaná v súlade s článkom 41 nariadenia (ES) č. 376/2008; číslo pôvodnej licencie
…

— In Slovenian:

Dovoljenje, izdano pod pogoji iz člena 41 Uredbe (ES) št. 376/2008; izvirno dovoljenje št. …

— In Finnish:

— In Swedish:

Todistus myönnetty asetuksen (EY) N:o 376/2008 41 artiklan mukaisesti; alkuperäinen
todistus N:o …

Licens utfärdad i enlighet med artikel 41 i förordning (EG) nr 376/2008; ursprunglig licens
nr …

26.4.2008

EN

Official Journal of the European Union

L 114/47

Part G

Entries referred to in Article 42(1)(a)

— In Bulgarian:

Износът е осъществен без лицензия или сертификат

— In Spanish:

Exportación realizada sin certificado

— In Czech:

Vývoz bez licence nebo bez osvědčení

— In Danish:

— In German:

— In Estonian:

— In Greek:

— In English:

— In French:

— In Italian:

Udførsel uden licens/attest

Ausfuhr ohne Ausfuhrlizenz oder Vorausfestsetzungsbescheinigung

Eksporditud ilma litsentsita/sertifikaadita

Εξαγωγή πραγματοποιούμενη άνευ πιστοποιητικού εξαγωγής ή προκαθορισμού

Exported without licence or certificate

Exportation réalisée sans certificat

Esportazione realizzata senza titolo

— In Latvian:

Eksportēts bez licences vai sertifikāta

— In Lithuanian:

Eksportuota be licencijos ar sertifikato

— In Hungarian:

Kiviteli engedély használata nélküli export

— In Maltese:

Esportazzjoni magħmula mingħajr liċenzja jew ċertifikat

— In Dutch:

Uitvoer zonder certificaat

— In Polish:

Wywóz dokonany bez świadectwa

— In Portuguese:

Exportação efectuada sem certificado

— In Romanian:

Exportat fără licență sau certificat

— In Slovak:

Vyvezené bez licencie alebo certifikátu

— In Slovenian:

Izvoz, izpeljan brez dovoljenja ali potrdila

— In Finnish:

Viety ilman todistusta

— In Swedish:

Exporterad utan licens

L 114/48

EN

Official Journal of the European Union

26.4.2008

Entries referred to in Article 44(3)(a)

Part H

— In Bulgarian:

Условията, определени в член 44 от Регламент (ЕО) № 376/2008, са изпълнени

— In Spanish:

Condiciones previstas en el artículo 44 del Reglamento (CE) no 376/2008 cumplidas

— In Czech:

Byly dodrženy podmínky stanovené v článku 44 nařízení (ES) č. 376/2008

— In Danish:

— In German:

— In Estonian:

Betingelserne i artikel 44 i forordning (EF) nr. 376/2008 er opfyldt

Bedingungen von Artikel 44 der Verordnung (EG) Nr. 376/2008 wurden eingehalten

Määruse (EÜ) nr 376/2008 artiklis 44 ettenähtud tingimused on täidetud

— In Greek:

Τηρουμένων των προϋποθέσεων του άρθρου 44 του κανονισμού (ΕΚ) αριθ. 376/2008

— In English:

— In French:

— In Italian:

Conditions laid down in Article 44 of Regulation (EC) No 376/2008 fulfilled

Conditions prévues à l'article 44 du règlement (CE) no 376/2008 respectées

Condizioni previste nell'articolo 44 del regolamento (CE) n. 376/2008 ottemperate

— In Latvian:

Regulas (EK) Nr. 376/2008 44. pantā paredzētie nosacījumi ir izpildīti

— In Lithuanian:

Įvykdytos Reglamento (EB) Nr. 376/2008 44 straipsnyje numatytos sąlygos

— In Hungarian:

Az 376/2008/EK rendelet 44. cikkében foglalt feltételek teljesítve

— In Maltese:

— In Dutch:

Kundizzjonijiet previsti fl-Artikolu 44 tar-Regolament (KE) Nru 376/2008 imwettqa

in artikel 44 van Verordening (EG) nr. 376/2008 bedoelde voorwaarden nageleefd

— In Polish:

Warunki przewidziane w art. 44 rozporządzenia (WE) nr 376/2008 spełnione

— In Portuguese:

Condições previstas no artigo 44.o do Regulamento (CE) n.o 376/2008 cumpridas

— In Romanian:

Condițiile prevăzute la articolul 44 din Regulamentul (CE) nr. 376/2008 — îndeplinite

— In Slovak:

Podmienky ustanovené v článku 44 nariadenia (ES) č. 376/2008 boli splnené

— In Slovenian:

Pogoji, predvideni v členu 44 Uredbe (ES) št. 376/2008, izpolnjeni

— In Finnish:

— In Swedish:

Asetuksen (EY) N:o 376/2008 44 artiklassa säädetyt edellytykset on täytetty

Villkoren i artikel 44 i förordning (EG) nr 376/2008 är uppfyllda

26.4.2008

EN

Official Journal of the European Union

L 114/49

Entries referred to in the second subparagraph of Article 48(1)

Part I

— In Bulgarian:

Преференциален режим, приложим към количеството, посочено в клетки 17 и 18

— In Spanish:

Régimen preferencial aplicable a la cantidad indicada en las casillas 17 y 18

— In Czech:

Preferenční režim na množství uvedená v kolonkách 17 a 18

— In Danish:

— In German:

— In Estonian:

— In Greek:

— In English:

— In French:

— In Italian:

Præferenceordning gældende for mængden anført i rubrik 17 og 18

Präferenzregelung, anwendbar auf die in den Feldern 17 und 18 genannte Menge

Lahtrites 17 ja 18 osutatud koguse suhtes kohaldatav sooduskord

Προτιμησιακό καθεστώς εφαρμοζόμενο για την ποσότητα που αναγράφεται στα τετραγωνίδια 17
και 18

Preferential arrangements applicable to the quantity given in Sections 17 and 18

Régime préférentiel applicable pour la quantité indiquée dans les cases 17 et 18

Regime preferenziale applicabile per la quantità indicata nelle caselle 17 e 18

— In Latvian:

Labvēlības režīms, kas piemērojams 17. un 18. iedaļā dotajam daudzumam

— In Lithuanian:

Taikomos lengvatinės sąlygos 17 ir 18 skiltyse įrašytiems kiekiams

— In Hungarian:

Kedvezményes eljárás hatálya alá tartozó, a 17-es és 18-as mezőn feltüntetett mennyiség

— In Maltese:

Arranġamenti preferenzjali applikabbli għall-kwantità indikata fis-Sezzjonijiet 17 u 18

— In Dutch:

Preferentiële regeling van toepassing voor de in de vakken 17 en 18 vermelde hoeveelheid

— In Polish:

Systemy preferencyjne stosowane dla ilości wskazanych w polach 17 i 18

— In Portuguese:

Regime preferencial aplicável em relação à quantidade indicada nas casas 17 e 18

— In Romanian:

Regimuri preferențiale aplicabile cantității prevăzute în căsuțele 17 și 18

— In Slovak:

Preferenčné opatrenia platia pre množstvo uvedené v kolónkach 17 a 18

— In Slovenian:

Preferencialni režim, uporabljen za količine, navedene v okencih 17 in 18

— In Finnish:

— In Swedish:

Etuuskohtelu, jota sovelletaan kohdissa 17 ja 18 esitettyihin määriin

Preferensordning tillämplig för den kvantitet som anges i fält 17 och 18

L 114/50

EN

Official Journal of the European Union

26.4.2008

ANNEX IV

Repealed Regulation with list of its successive amendments

Commission Regulation (EC) No 1291/2000
(OJ L 152, 24.6.2000, p. 1)

Commission Regulation (EC) No 2299/2001
(OJ L 308, 27.11.2001, p. 19)

Article 2 only

Commission Regulation (EC) No 325/2003
(OJ L 47, 21.2.2003, p. 21)

Commission Regulation (EC) No 322/2004
(OJ L 58, 26.2.2004, p. 3)

Commission Regulation (EC) No 636/2004
(OJ L 100, 6.4.2004, p. 25)

Commission Regulation (EC) No 1741/2004
(OJ L 311, 8.10.2004, p. 17)

Commission Regulation (EC) No 1856/2005
(OJ L 297, 15.11.2005, p. 7)

Commission Regulation (EC) No 410/2006
(OJ L 71, 10.3.2006, p. 7)

Commission Regulation (EC) No 1713/2006
(OJ L 321, 21.11.2006, p. 11)

Article 8 only

Commission Regulation (EC) No 1847/2006
(OJ L 355, 15.12.2006, p. 21)

Article 4 and Annex IV only

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

Article 23 only

Commission Regulation (EC) No 1423/2007
(OJ L 317, 5.12.2007, p. 36)

26.4.2008

EN

Official Journal of the European Union

L 114/51

ANNEX V

Correlation table

Regulation (EC) No 1291/2000

This Regulation

Article 1

Article 1

Article 2, introductory phrase

Article 2, introductory phrase

Article 2(a)

Article 2(a)

Article 2(b), introductory phrase

Article 2(b), introductory phrase

Article 2(b), first indent

Article 2(b), second indent

Article 3

Article 2(b)(i)

Article 2(b)(ii)

Article 3

Article 5(1), first subparagraph, introductory phrase

Article 4(1), first subparagraph, introductory phrase

Article 5(1), first subparagraph, first indent

Article 4(1), first subparagraph, point (a)

Article 5(1), first subparagraph, second indent

Article 4(1), first subparagraph, point (b)

Article 5(1), first subparagraph, third indent

Article 4(1), first subparagraph, point (c)

Article 5(1), first subparagraph, fourth indent

Article 4(1), first subparagraph, point (d)

Article 5(1), second subparagraph

Article 4(1), second subparagraph

Article 5(1), third subparagraph

Article 4(1), third subparagraph

Article 5(2) and (3)

Article 4(2) and (3)

Article 6

Article 7

Article 8

Article 9(1)

Article 9(2)

Article 5

Article 6

Article 7

Article 8(1)

Article 8(2)

Article 9(3), introductory phrase

Article 8(3), introductory phrase

Article 9(3), first indent

Article 9(3), second indent

Article 9(4)

Article 10

Article 11

Article 12

Article 13

Article 8(3)(a)

Article 8(3)(b)

Article 8(4)

Article 9

Article 10

Article 11

Article 12

Article 14, first and second paragraphs

Article 13(1), first and second subparagraphs

Article 14, third paragraph

Article 14, fourth paragraph

Article 15

Article 16

Article 17

Article 18

Article 13(2)

Article 13(3)

Article 14

Article 15

Article 16

Article 17

L 114/52

EN

Official Journal of the European Union

26.4.2008

Regulation (EC) No 1291/2000

This Regulation

Article 19

Article 20

Article 21(1)

Article 18

Article 19

Article 20(1)

Article 21(2), first subparagraph, introductory phrase

Article 20(2), first subparagraph, introductory phrase

Article 21(2), first subparagraph, first indent

Article 20(2), first subparagraph, point (a)

Article 21(2), first subparagraph, second indent

Article 20(2), first subparagraph, point (b)

Article 21(2), second subparagraph

Article 20(2), second subparagraph

Article 22

Article 23

Article 24

Article 25

Article 26

Article 27

Article 28

Article 29

Article 30

Article 31

Article 32(1)

Article 33(1)

Article 21

Article 22

Article 23

Article 24

Article 25

Article 26

Article 27

Article 28

Article 29

Article 30

Article 31

Article 32(1)

Article 33(2), first subparagraph

Article 32(2), first subparagraph

Article 33(2), second subparagraph, introductory words

Article 32(2), second subparagraph, introductory words

Article 33(2), second subparagraph, point (a)

Article 32(2), second subparagraph, point (a)

Article 33(2), second subparagraph, point (b), introductory
phrase

Article 32(2) second subparagraph, point (b), introductory
phrase

Article 33(2), second subparagraph, point (b), first indent Article 32(2), second subparagraph, point (b)(i)

Article 33(2),
indent

second subparagraph, point

(b),

second

Article 32(2), second subparagraph, point (b)(ii)

Article 33(2), second subparagraph, point (b), third indent Article 32(2), second subparagraph, point (b)(iii)

Article 33(2) third subparagraph

Article 32(2) third subparagraph

Article 33(2) fourth subparagraph

Article 32(2) fourth subparagraph

Article 33(2) fifth subparagraph

Article 32(2) fifth subparagraph

Article 33(3) first subparagraph

Article 32(3) first subparagraph

Article 33(3) second subparagraph, introductory phrase

Article 32(3) second subparagraph, introductory phrase

Article 33(3), second subparagraph, first indent

Article 32(3), second subparagraph, point (a)

Article 33(3), second subparagraph, second indent

Article 32(3), second subparagraph, point (b)

Article 33(3) third subparagraph

Article 32(3) third subparagraph

Article 33(4)

Article 32(4)

26.4.2008

EN

Official Journal of the European Union

L 114/53

Regulation (EC) No 1291/2000

This Regulation

Article 34

Article 35(1)

Article 35(2)

Article 33

Article 34(1)

Article 34(2)

Article 35(3) first subparagraph, introductory phrase

Article 34(3) first subparagraph, introductory phrase

Article 35(3), first subparagraph, first indent

Article 34(3), first subparagraph, point (a)

Article 35(3), first subparagraph, second indent

Article 34(3), first subparagraph, point (b)

Article 35(3), second subparagraph

Article 34(3), second subparagraph

Article 35(3), third subparagraph

Article 34(3), third subparagraph

Article 35(3), fourth subparagraph

Article 34(3), fourth subparagraph

Article 35(4)(a), first indent

Article 35(4)(a), second indent

Article 34(4)

Article 34(5)

Article 35(4)(b), introductory phrase

Article 34(6), introductory phrase

Article 35(4)(b), first indent

Article 35(4)(b), second indent

Article 35(4)(b), third indent

Article 35(4)(b), fourth indent

Article 35(4)(c)

Article 35(4)(d)

Article 35(5)

Article 34(6)(a)

Article 34(6)(b)

Article 34(6)(c)

Article 34(6)(d)

Article 34(7)

Article 34(8)

Article 34(9)

Article 35(6), first subparagraph

Article 34(10), first subparagraph

Article 35(6), second subparagraph, introductory phrase

Article 34(10), second subparagraph,

introductory phrase

Article 35(6), second subparagraph, point (a)

Article 34(10), second subparagraph, point (a)

Article 35(6), second subparagraph, point (b), introductory
phrase

Article 34(10),
ductory phrase

second subparagraph, point

(b),

intro-

Article 35(6), second subparagraph, point (b), first indent Article 34(10), second subparagraph, point (b)(i)

Article 35(6),
indent

second subparagraph, point

(b),

second

Article 34(10), second subparagraph, point (b)(ii)

Article 35(6), second subparagraph, point (b), third indent Article 34(10), second subparagraph, point (b)(iii)

Article 36(1)

Article 35(1)

Article 36(2), first subparagraph

Article 35(2), first subparagraph

Article 36(2), second subparagraph, introductory phrase

Article 35(2), second subparagraph, introductory phrase

Article 36(2), second subparagraph, first indent

Article 35(2), second subparagraph, point (a)

Article 36(2), second subparagraph, second indent

Article 35(2), second subparagraph, point (b)

Article 36(3)

Article 35(3)

Article 36(4), first subparagraph

Article 35(4), first subparagraph

Article 36(4), second subparagraph

Article 35(4), second subparagraph

L 114/54

EN

Official Journal of the European Union

26.4.2008

Regulation (EC) No 1291/2000

This Regulation

Article 36(4), third subparagraph

Article 35(5)

Article 36(5), first subparagraph, introductory wording

Article 35(6), first subparagraph, introductory wording

Article 36(5), first subparagraph, first indent

Article 35(6), first subparagraph, point (a)

Article 36(5), first subparagraph, second indent

Article 35(6), first subparagraph, point (b)

Article 36(5), second subparagraph

Article 35(6), second subparagraph

Article 36(6)

Article 35(7)

Article 36(7), first subparagraph

Article 35(8), first subparagraph

Article 36(7), second subparagraph, introductory words

Article 35(8), second subparagraph, introductory words

Article 36(7), second subparagraph, first indent

Article 35(8), second subparagraph, point (a)

Article 36(7), second subparagraph, second indent

Article 35(8), second subparagraph, point (b)

Article 36(7), third subparagraph

Article 35(8), third subparagraph

Article 36(8)

Article 36(9)

Article 36(10)

Article 37

Article 35(9)

Article 35(10)

Article 35(11)

Article 36

Article 38, first paragraph, introductory phrase

Article 37, first subparagraph, introductory phrase

Article 38,
phrase

first

subparagraph, point

(a),

introductory

Article 37, first subparagraph, point (a) introductory phrase

Article 38, first subparagraph, point (a), first indent

Article 37, first subparagraph, point (a)(i)

Article 38, first subparagraph, point (a), second indent

Article 37, first subparagraph, point (a)(ii)

Article 38, first subparagraph, point (b)

Article 37, first subparagraph, point (b)

Article 38, second subparagraph

Article 37, second subparagraph

Article 39

Article 40

Article 41

Article 42(1)

Article 38

Article 39

Article 40

Article 41(1)

Article 42(2), first subparagraph, introductory phrase

Article 41(2), first subparagraph, introductory phrase

Article 42(2),
phrase

first subparagraph, point

(a),

introductory

Article 41(2),
phrase

first subparagraph, point

(a),

introductory

Article 42(2), first subparagraph, point (a), first indent

Article 41(2), first subparagraph, point (a)(i)

Article 42(2), first subparagraph, point (a), second indent Article 41(2), first subparagraph, point (a)(ii)

Article 42(2), first subparagraph, points (b) and (c)

Article 41(2), first subparagraph, points (b) and (c)

Article 42(2), second subparagraph

Article 43

Article 41(3)

Article 42

Article 44(1), introductory phrase

Article 43(1), introductory phrase

Article 44(1)(a), introductory phrase

Article 43(1)(a), introductory phrase

Article 44(1)(a), first indent

Article 44(1)(a), second indent

Article 43(1)(a)(i)

Article 43(1)(a)(ii)

26.4.2008

EN

Official Journal of the European Union

L 114/55

Regulation (EC) No 1291/2000

This Regulation

Article 44(1)(a), third indent

Article 43(1)(a)(iii)

Article 44(1)(b), introductory phrase

Article 43(1)(b), introductory phrase

Article 44(1)(b), first indent

Article 44(1)(b), second indent

Article 44(2)

Article 45(1)

Article 43(1)(b)(i)

Article 43(1)(b)(ii)

Article 43(2)

Article 44(1)

Article 45(2), introductory words

Article 44(2), first subparagraph, introductory words

Article 45(2)(a), introductory words

Article 44(2),
words

first subparagraph, point

(a),

introductory

Article 45(2)(a), first indent

Article 44(2), first subparagraph, point (a)(i)

Article 45(2)(a), second indent

Article 44(2), first subparagraph, point (a)(ii)

Article 45(2)(b), first subparagraph, introductory words

Article 44(2),
words

first subparagraph, point (b),

introductory

Article 45(2)(b), first subparagraph, first indent

Article 44(2), first subparagraph, point (b)(i)

Article 45(2)(b), first subparagraph, second indent

Article 44(2), first subparagraph, point (b)(ii)

Article 45(2)(b), second subparagraph

Article 44(2), second subparagraph

Article 45(3)

Article 44(3)

Article 46(1), first subparagraph

Article 45(1), first subparagraph

Article 46(1), second subparagraph, introductory phrase

Article 45(1), second subparagraph, introductory phrase

Article 46(1), second subparagraph, first indent

Article 45(1), second subparagraph, point (a)

Article 46(1), second subparagraph, second indent

Article 45(1), second subparagraph, point (b)

Article 46(1), third subparagraph

Article 45(1), third subparagraph

Article 46(1), fourth subparagraph, introductory phrase

Article 45(1), fourth subparagraph, introductory phrase

Article 46(1), fourth subparagraph, first indent

Article 45(1), fourth subparagraph, point (a)

Article 46(1), fourth subparagraph, second indent

Article 45(1), fourth subparagraph, point (b)

Article 46(1), fifth subparagraph

Article 45(1), fifth subparagraph

Article 46(1), sixth subparagraph

Article 45(1), sixth subparagraph

Article 46(2)(3) and (4)

Article 45(2)(3) and (4)

Article 46(5), introductory words

Article 45(5), introductory words

Article 46(5), first indent

Article 46(5), second indent

Article 47

Article 49(1) and (2)

Article 45(5)(a)

Article 45(5)(b)

Article 46

Article 47(1) and (2)

Article 49(3), first subparagraph, introductory phrase

Article 47(3), introductory phrase

Article 49(3), first subparagraph, first indent

Article 47(3)(a)

Article 49(3), first subparagraph, second indent

Article 47(3)(b)

Article 49(3), first subparagraph, third indent

Article 47(3)(c)

L 114/56

EN

Official Journal of the European Union

26.4.2008

Regulation (EC) No 1291/2000

This Regulation

Article 49(3), second subparagraph

Article 47(3), second subparagraph

Article 49(3), third subparagraph

Article 47(3), third subparagraph

Article 49(3), fourth subparagraph

Article 47(3), fourth subparagraph

Article 49(4) and (5)

Article 47(4) and (5)

Article 49(6), first subparagraph

Article (47)(6), first subparagraph

Article 49(6), second subparagraph, introductory phrase

Article 47(6), second subparagraph, introductory phrase

Article 49(6), second subparagraph, points (a) and (b)

Article 47(6), second subparagraph, points (a) and (b)

Article 49(6), second subparagraph, point (c)

Article 47(6), second subparagraph, point (d)

Article 49(6), second subparagraph, point (d)

Article 47(6), second subparagraph, point (e)

Article 49(6), second subparagraph, point (e)

Article 47(6), second subparagraph, point (c)

Article 49(6), third to eighth subparagraphs

Article 47(6), third to eighth subparagraphs

Article 49(7)

Article 47(7)

Article 49(8), first subparagraph

Article 47(8), first subparagraph

Article 49(8), second subparagraph, introductory phrase

Article 47(8), second subparagraph, introductory phrase

Article 49(8), second subparagraph, first indent

Article 47(8), second subparagraph, point (a)

Article 49(8), second subparagraph, second indent

Article 47(8), second subparagraph, point (b)

—

Article 49(9)(a) to (d)

Article 49(10)

Article 50

Article 51

—

Article 52(1)

Article 52(2)

Annex I

Annex Ia

Annex Ib

Annex Ic

Annex Id

Annex Ie

Annex If

Annex Ig

Annex Ih

Annex Ii

Annex II

Annex III, Parts A to I

Annex III, Parts K to N

—

—

Article 47(9), introductory phrase

Article 47(9)(a) to (d)

Article 47(3), fifth subparagraph

Article 48

—

Article 49

Article 50

—

Annex I

Annex III, Part A

Annex III, Part B

Annex III, Part C

Annex III, Part D

Annex III, Part E

Annex III, Part F

Annex III, Part G

Annex III, Part H

Annex III, Part I

—

Annex II, Parts A to I

Annex II, Parts J to M

Annex IV

Annex V