(1)

Regulation (EU) 2022/2399 of the European Parliament and of the Council (2) establishes a European Union Single Window Environment for Customs (‘EU Single Window Environment for Customs’), which includes an electronic European Union Customs Single Window Certificates Exchange System (EU CSW-CERTEX), the national single window environments for customs, and various Union non-customs systems the use of which is either mandatory or voluntary under Union law.

(2)

In order to optimise trade of agricultural products, all documents required in agricultural legislation for fulfilling non-customs formalities should be made available to the customs authorities of Member States in electronic form via the EU Single Window Environment for Customs.

(3)

Commission Delegated Regulation (EU) 2025/1269 (3) and Commission Implementing Regulation (EU) 2025/1272 (4) establish an electronic system for agricultural non-customs formalities (‘ELAN’) to make the documents falling under its scope available in electronic form to customs authorities. The development and use of ELAN require the adoption of an adequate legal framework to lay down the rules applicable to the system.

(4)

Commission Delegated Regulation (EU) 2016/1237 (5) lays down rules for applying the system of import and export licences for trade of agricultural products and Commission Delegated Regulation (EU) 2020/760 (6) lays down rules for the administration of import and export tariff rate quotas subject to licences. Those Delegated Regulations need to be amended so that the documents under their scope can be made available to the customs authorities of Member States in electronic form via the EU Single Window Environment for Customs.

(5)

The electronic exchange of licences via ELAN and EU CSW-CERTEX requires to gradually replace the templates for import and export licences set out in Annex I to Commission Implementing Regulation (EU) 2016/1239 (7) with new data models designed for ELAN, called ELAN1L-AGRIM and ELAN1L-AGREX, that are to allow their use in electronic form via the communication between the national electronic systems, ELAN, and EU CSW-CERTEX. The competent issuing authorities should complete these data models in accordance with the rules laid down in that Implementing Regulation and the instructions published in series C of the Official Journal of the European Union.

(6)

This Regulation should take into account that the use of ELAN is to become gradually mandatory in accordance with the dates of the transitional period laid down in Article 6 of Implementing Regulation (EU) 2025/1272. During the transitional period laid down in paragraphs 1 and 2 of that Article, licences may be based on the templates set out in Annex I to Implementing Regulation (EU) 2016/1239. In addition, during the transitional period laid down in Article 6 of Implementing Regulation (EU) 2025/1272 and until the use of ELAN becomes mandatory for customs authorities, documents falling under the scope of ELAN may be printed on paper.

(7)

Moreover, the use of documents printed on paper may still be possible when the use of ELAN has become mandatory, as a fallback solution if the system becomes temporarily unavailable. This Regulation should allow for this possibility.

(8)

Article 2 of Delegated Regulation (EU) 2016/1237 requires import and export licences to be presented physically at customs authorities. That Article should be adapted to accommodate the use of electronic documents, and the possibility to retrieve them in electronic form from ELAN.

(9)

Similarly, where Article 5 of Delegated Regulation (EU) 2016/1237 lays down instructions on how to fill in specific sections of the licences based on the current templates, that Article should be integrated with the instructions on how to fill the new relevant data model.

(10)

Article 6 of Delegated Regulation (EU) 2016/1237 allows to transfer licences or their extracts only to a single operator, who in turn can only transfer it back to the original holder. It shall be clarified that, with regard to licences issued according to the ELAN1L-AGRIM data model, in case of transfer back to the titular holder, the licence or extract may be transferred again to another operator.

(11)

Article 8 of Delegated Regulation (EU) 2016/1237 requires Member States to notify replacement licences issued in accordance with Article 15(5) of Implementing Regulation (EU) 2016/1239. Article 8 of that Delegated Regulation should therefore cease to apply to electronic replacement licences issued in ELAN or communicated to it. Therefore, that Article 8 should be amended, taking into consideration that licences may still be printed on paper both before the use of ELAN becomes mandatory for all issuing and customs authorities, and on the occasions where ELAN becomes temporarily unavailable. In these cases, the rules on replacement licences set out in Article 8 of that Delegated Regulation and their notification should still apply.

(12)

According to Annex I to Delegated Regulation (EU) 2016/1237, the import licence obligation does not apply to imports of garlic since 1 October 2017. Therefore, the obligation to notify ‘B’ licences should be removed from Article 8 of that Delegated Regulation. Similarly, the obligation to issue licences for garlic laid down in Article 10 of that Delegated Regulation should be deleted.

(13)

Article 9 of Delegated Regulation (EU) 2016/1237 should clarify that licences issued for imports in the hemp sector are to comply with the new ELAN1L-AGRIM data model.

(14)

Article 2 of Delegated Regulation (EU) 2020/760 should include Delegated Regulation (EU) 2025/1269 and Implementing Regulation (EU) 2025/1272 governing ELAN among the list of applicable rules.

(15)

Article 5 of Delegated Regulation (EU) 2020/760 requires economic operators to submit the proof of release for free circulation or of export to the licence issuing authorities for the release of securities. That Article should be adapted to clarify that once licences become available in electronic form in ELAN the proof of their use could be retrieved from ELAN.

(16)

Article 10 of Delegated Regulation (EU) 2020/760 requires that the customs declaration used to prove the reference quantity of operators bears the number of the invoice. However, following the amendment introduced to that Article by Commission Delegated Regulation (EU) 2023/735 (8), importers are no longer required to prove their reference quantity based on invoices. Therefore, Delegated Regulation (EU) 2020/760 should no longer require that the customs declaration refers to the number of invoices.

(17)

The use of electronic licences via ELAN should reduce the obligation for Member States to notify information about the licences. In particular, the unused quantities could be retrieved from ELAN, if both the issuing authorities and the customs authorities of Member States use ELAN. Similarly, Member States issuing licenses in ELAN, or communicating licenses to that system, based on documents issued by third countries, should no longer need to notify those licences to the Commission, as they should be available in ELAN.

(18)

Modifications introduced by this Regulation should reflect the fact that the use of ELAN is to become mandatory for all users at the end of the transitional period laid down in Article 6(5) of Implementing Regulation (EU) 2025/1272.

(19)

Delegated Regulations (EU) 2016/1237 and (EU) 2020/760 should therefore be amended accordingly.

(20)

The requirements mandating digitalisation of the documents required for the release into free circulation and for the export of agricultural products covered by this Regulation affect trans-European digital public services within the meaning of Regulation (EU) 2024/903 of the European Parliament and of the Council (9). Accordingly, an interoperability assessment has been carried out and the resulting report is to be published on the Interoperable Europe Portal.

(21)

This Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union, to ensure the correct application of the rules before ELAN will become available to its users for testing purposes,

(1)

Article 1 is amended as follows:

(2)

Article 2 is amended as follows:

(3)

in Article 5, paragraph 2 is replaced by the following:

(4)

in Article 6, paragraph 2 is replaced by the following:

(5)

Article 8 is replaced by the following:

(6)

in Article 9, paragraph 1 is replaced by the following:

(7)

Article 10 is deleted.

(1)

Article 2 is replaced by the following:

(*4)  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/952/oj)."

(*5)  Commission Delegated Regulation (EU) 2022/127 of 7 December 2021 supplementing Regulation (EU) 2021/2116 of the European Parliament and of the Council with rules on paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 20, 31.1.2022, p. 95, ELI: http://data.europa.eu/eli/reg_del/2022/127/oj)."

(*6)  Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1, ELI: http://data.europa.eu/eli/reg_del/2015/2446/oj)."

(*7)  Commission Delegated Regulation (EU) 2016/1237 of 18 May 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the rules for applying the system of import and export licences and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the rules on the release and forfeit of securities lodged for such licences (OJ L 206, 30.7.2016, p. 1, ELI: http://data.europa.eu/eli/reg_del/2016/1237/oj)."

(*8)  Commission Delegated Regulation (EU) 2025/1269 of 28 April 2025 laying down rules supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the electronic system for agricultural non-customs formalities (‘ELAN’) to monitor and manage trade and market in agricultural products (OJ L, 2025/1269, 10.7.2025, ELI: http://data.europa.eu/eli/reg_del/2025/1269/oj)."

(*9)  Commission Implementing Regulation (EU) 2016/1239 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the system of import and export licences (OJ L 206, 30.7.2016, p. 44, ELI: http://data.europa.eu/eli/reg_impl/2016/1239/oj)."

(*10)  Commission Implementing Regulation (EU) 2025/1272 of 6 May 2025 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the electronic system for agricultural non-customs formalities (‘ELAN’) (OJ L, 2025/1272, 10.7.2025, ELI: http://data.europa.eu/eli/reg_impl/2025/1272/oj).’;"

(2)

in Article 5, paragraph 2 is replaced by the following:

(3)

Article 10 is amended as follows:

(4)

Article 17 is replaced by the following: