ISSN 1977-0677

Official Journal

of the European Union

L 206

European flag  

English edition

Legislation

Volume 59
30 July 2016


Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

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, amending Commission Regulations (EC) No 2535/2001, (EC) No 1342/2003, (EC) No 2336/2003, (EC) No 951/2006, (EC) No 341/2007 and (EC) No 382/2008 and repealing Commission Regulations (EC) No 2390/98, (EC) No 1345/2005, (EC) No 376/2008 and (EC) No 507/2008 ( 1 )

1

 

*

Commission Delegated Regulation (EU) 2016/1238 of 18 May 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage ( 1 )

15

 

*

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 ( 1 )

44

 

*

Commission Implementing Regulation (EU) 2016/1240 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 public intervention and aid for private storage ( 1 )

71

 


 

(1)   Text with EEA relevance

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


II Non-legislative acts

REGULATIONS

30.7.2016   

EN

Official Journal of the European Union

L 206/1


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, amending Commission Regulations (EC) No 2535/2001, (EC) No 1342/2003, (EC) No 2336/2003, (EC) No 951/2006, (EC) No 341/2007 and (EC) No 382/2008 and repealing Commission Regulations (EC) No 2390/98, (EC) No 1345/2005, (EC) No 376/2008 and (EC) No 507/2008

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 177 thereof,

Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (2), and in particular Article 66(3)(c) and (e) thereof,

Whereas:

(1)

Regulation (EU) No 1308/2013 repealed and replaced Council Regulation (EC) No 1234/2007 (3) and lays down rules regarding import and export licences for agricultural products. It also empowers the Commission to adopt delegated and implementing acts in that respect. In order to ensure the smooth functioning of the system of import and export licences in the new legal framework, certain rules have to be adopted by means of such acts.

(2)

Article 176 of Regulation (EU) No 1308/2013 provides that the import for release for free circulation or the export of one or more products of the sectors laid down in that Article may be made subject to the presentation of a licence. The list of the products of those sectors subject to the presentation of an import or export licence should be laid down.

(3)

Monitoring trade flows by means of licences should be addressed in a flexible way. When defining the cases where a licence is required, account should be taken of other possible sources of information, such as the customs surveillance system, and the need for licences or the time needed to gather information by means of licences. The specific cases where a licence is not required should be defined.

(4)

It is necessary to provide that the licences are to be issued subject to the lodging of a security, so as to guarantee that the products will be imported or exported during the period of validity of the licence. It is also necessary to lay down when the obligation to import or export is fulfilled.

(5)

An import or export licence confers the right to import or export and, therefore, in order to make this right effective a licence should be presented at the time when the import or export declaration is submitted.

(6)

Since the person using a licence may not be the titular holder or transferee, it should be specified, in the interests of legal certainty and administrative efficiency, which persons are authorised to use the licence, including a customs representative acting on behalf of the titular holder or transferee.

(7)

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

(8)

Where an import licence is also used to administer a tariff quota to which preferential arrangements apply, such preferential arrangements are to apply to importers by virtue of the licence which must, in some cases, be accompanied by a document from a third country. To avoid any overrun in the quota, the preferential arrangement is to apply up to the quantity for which the licence was issued. In such cases a tolerance should be permitted, provided that the part of the quantity exceeding the quantity shown on the licence but within the tolerance does not benefit from the preferential arrangement and the conventional customs duty is payable.

(9)

It is appropriate to lay down specific rules as regards the transferability of a licence.

(10)

Provisions should be laid down on the release and forfeiture of the security lodged for import and export licences.

(11)

Due to the specificity of the sector, it is necessary to lay down some additional conditions for import licences for hemp and for garlic.

(12)

For the sake of clarity it is appropriate to lay down the rules concerning the import and export licences issued for products for which the import or export licence obligation is abolished or affected by this Regulation and which are still valid on the date of application of this Regulation.

(13)

As the aim of this Regulation and Commission Implementing Regulation (EU) 2016/1239 (4) is to simplify and adapt the provisions applicable to the system of import and export licences to the new legal framework established by Regulation (EU) No 1308/2013, the currently applicable provisions should be replaced. For the sake of clarity, certain provisions of Commission Regulations (EC) No 2535/2001 (5), (EC) No 1342/2003 (6), (EC) No 2336/2003 (7), (EC) No 951/2006 (8), (EC) No 341/2007 (9) and (EC) No 382/2008 (10) should be deleted and Commission Regulations (EC) No 2390/98 (11), (EC) No 1345/2005 (12), (EC) No 376/2008 (13) and (EC) No 507/2008 (14) should be repealed.

(14)

The transition from the arrangements provided for in the deleted provisions and repealed Regulations to those provided for in this Regulation might have some practical consequences. Therefore, it is appropriate to defer the application of this Regulation,

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a)

‘licence’ means an electronic or paper document with a specific period of validity, expressing the right and obligation to import or export products;

(b)

‘notice on import and export licences for agricultural products’ means the detailed provisions for the import licence or export licence and set of information to be mentioned in a licence application and in a licence as published in the Official Journal of the European Union, C-series. (15)

Article 2

Cases where a licence is required

1.   An import licence shall be presented for the following products:

(a)

products listed in Part I of the Annex, when they are declared for release for free circulation under all conditions, other than tariff rate quotas, save as otherwise provided in that Part I;

(b)

products declared for release for free circulation under tariff rate quotas administered by the simultaneous examination method or the traditional/newcomer method as referred to in Article 184(2)(b) and (c) of Regulation (EU) No 1308/2013 respectively, or a combination thereof or by another appropriate method;

(c)

products for which Part I of the Annex refers to this provision when declared for release for free circulation under tariff rate quotas administered by the method of the ‘first come, first served’ principle referred to in Article 184(2)(a) of Regulation (EU) No 1308/2013;

(d)

products referred to in Part I of the Annex when declared for release for free circulation under a preferential arrangement to be administered by licences;

(e)

products that are covered by an outward processing procedure using an export licence and that return into release for free circulation as a product listed in Section A or B of Part I of the Annex;

(f)

products declared for release for free circulation under Article 185 of Regulation (EU) No 1308/2013 in case an import duty reduction applies.

2.   An export licence shall be presented for the following products:

(a)

products listed in Part II of the Annex;

(b)

Union products for which an export licence needs to be presented for admission under a quota that is administered by the Union or by a third country and has been opened in that country for those products;

(c)

the following Union products referred to in Part II of the Annex to be exported:

(i)

products that are under the customs procedure of inward processing;

(ii)

products that are basic products as listed in Annex III to Regulation (EU) No 510/2014 of the European Parliament and of the Council (16) and that are under the customs procedure of outward processing;

(iii)

products that are subject to the recovery or remission of the amount of import or export duty as set out in Chapter 3 of Title III of Regulation (EU) No 952/2013 of the European Parliament and of the Council (17) in respect of which a final decision has not yet been taken.

Article 3

Cases where a licence is not required

1.   A licence shall not be required and shall not be issued or presented for the purposes of:

(a)

release for free circulation or export of products of a non-commercial nature as set out in Section II(D)(2) of Part One of Annex I to Council Regulation (EEC) No 2658/87 (18);

(b)

cases in which relief from import duties, export duties and measures adopted on the basis of Article 207 of the Treaty is to be granted under Council Regulation (EC) No 1186/2009 (19);

(c)

quantities of products to be released for free circulation or export not exceeding those set out in the Annex;

(d)

products to be released for free circulation as returned goods in accordance with Section 1 of Chapter 2 of Title VI of Regulation (EU) No 952/2013;

(e)

products for which at the time of acceptance of the re-export declaration the declarant provides proof that a favourable decision for repayment or remission of import duties has been given in respect of such products under Section 3 of Chapter 3 of Title III of Regulation (EU) No 952/2013.

By way of derogation from points (b) and (c) of the first subparagraph, a licence shall be required where the release for free circulation or export is being made under preferential arrangements which are granted by means of the licence.

For the purposes of point (c) of the first subparagraph, the quantity to be covered by one licence shall be calculated as comprising all the quantities to be released for free circulation or to be exported that are covered by the same logistic operation.

2.   An export licence shall not be required and shall not be issued or presented in respect of products consigned by private individuals or groups of private individuals with a view to their free distribution for humanitarian aid purposes in third countries where such consignments are occasional in nature, comprise varied products and do not exceed a total of 30 000 kg per means of transport. Food aid operations not meeting these conditions are subject to a licence in accordance with this Regulation and the Implementing Regulation (EU) 2016/1239.

Article 4

Security

1.   Licences are subject to a security, except in the cases provided for in the Annex.

2.   When submitting an application for a licence, the applicant shall lodge a security, which shall be available at the licence issuing authority not later than 13.00 hours Brussels time on the day the application is submitted.

3.   No security shall be required where the security comes to a threshold of EUR 100 or less.

For that purpose, the amount of the security shall be calculated as comprising all the quantities resulting from obligations covered by the same logistic operation.

4.   No security shall be required where the applicant is either:

(a)

a public body responsible for executing the duties of a public authority; or

(b)

a private body executing duties referred to in point (a) under a Member State's supervision.

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

Article 5

Rights and obligations, tolerance

1.   The import or export licence shall constitute a right and give rise to an obligation to release for free circulation or to export, respectively, the quantity of products covered by the licence during its period of validity in accordance with Article 7(1) of Implementing Regulation (EU) 2016/1239.

2.   The customs declaration for release for free circulation or for export shall be lodged by:

(a)

the titular holder of the licence mentioned in Section 4 of the licence of which a model is set out in Annex I to Implementing Regulation (EU) 2016/1239 (‘titular holder’);

(b)

the transferee mentioned in Section 6 of the licence referred to in point (a); or

(c)

an appointed customs representative acting on behalf of the titular holder or transferee as provided for in Article 18 of Regulation (EU) No 952/2013, specifying in the customs declaration that the titular holder or transferee is the person on whose behalf the obligation mentioned in paragraph 1 is carried out.

3.   If specific Union legislation provides so, the obligation to release for free circulation or to export may include the obligation to release from or export to the country or group of countries specified in the licence.

4.   The obligation to release for free circulation or to export shall be considered fulfilled if the total quantity specified on the licence has been cleared by customs under the relevant procedure. For that purpose a positive or negative tolerance on the quantity specified on the licence shall apply in accordance with Article 8 of Implementing Regulation (EU) 2016/1239.

5.   A positive tolerance shall not apply where the quantity specified on the import licence is equivalent to the quantity specified in an export document, being an element of proof that the product is eligible for the preferential treatment due to its specific quality, variety, or characteristics, as required in the relevant international agreement.

Where the import licence is required for a tariff rate quota, the quantity in excess to the quantity specified on the import licence within the positive tolerance, shall be brought into free circulation under the same licence subject to the conventional rate of duty.

Article 6

Transfer

1.   Obligations deriving from licences shall not be transferable. Save as otherwise provided for, rights deriving from licences shall be transferable by their titular holder during the period of the validity of the licence.

2.   A transfer of rights deriving from a licence or its extract may be made in favour of a single transferee only and shall cover the quantities not yet attributed to the licence or extract.

3.   A transfer shall be requested by the titular holder at the licence issuing authority which issued the original licence.

4.   Transferees shall not transfer their rights further but may transfer them back to the titular holder. Transfers back to the titular holder shall cover the quantities not yet attributed to the licence or its extract. The licence issuing authority shall note the transfer back according to the notice on import and export licences for agricultural products.

5.   The transfer or transfer back to the titular holder shall take effect from the date as validated by the licence issuing authority.

Article 7

Release and forfeit of securities

1.   The release of security provided for in Article 24(2) of Commission Delegated Regulation (EU) No 907/2014 (20) may be partial in proportion to the quantity of products for which the evidence of fulfilling the obligation to import or export has been furnished. That quantity shall not be less than 5 % of the total quantity specified on the licence.

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

2.   When calculating the part of the security to forfeit, where applicable, the licence issuing authority shall deduct an amount corresponding to the quantitative tolerance referred to in Article 5(4).

3.   Where the licence issuing authority waives the security requirement where the value of the sum secured is less than EUR 500, as provided for in Article 18(2) of Delegated Regulation (EU) No 907/2014, the amount of the sum equal to the security to forfeit shall be paid by the party concerned on expiry of 60 days following the date on which the validity of the licence expires.

4.   If the total amount of the security which would be forfeit comes to EUR 100 or less for a given licence, the licence issuing authority shall release the whole security.

Article 8

Notifications

In accordance with the detailed conditions laid down in the implementing act adopted pursuant to Article 223(3) of Regulation (EU) No 1308/2013, Member States shall notify the Commission of the following:

(a)

the replacement licences issued referred to in Article 15(5) of Implementing Regulation (EU) 2016/1239;

(b)

cases of force majeure referred to in Article 16(3) of Implementing Regulation (EU) 2016/1239;

(c)

as regards hemp, the provisions adopted, the penalties imposed, and the competent authorities for checks referred to in Article 17(2) of Implementing Regulation (EU) 2016/1239;

(d)

as regards garlic, the quantities covered by ‘B’ licences referred to in Article 18 of Implementing Regulation (EU) 2016/1239;

(e)

as regards ethyl alcohol, the import licences issued referred to in Article 19 of Implementing Regulation (EU) 2016/1239;

(f)

irregularities referred to in Article 20(2) of Implementing Regulation (EU) 2016/1239;

(g)

the authorities competent for receiving the applications for licences and issuing the licences or replacement licences referred to in Article 20(3) of Implementing Regulation (EU) 2016/1239;

(h)

official stamps and, where appropriate, embossing presses referred to in Article 20(4) of Implementing Regulation (EU) 2016/1239.

CHAPTER II

SPECIFIC SECTORAL PROVISIONS

Article 9

Hemp

1.   The release for free circulation of hemp products listed in Sections C, D, and G of Part I of the Annex to this Regulation shall be subject to an import licence in accordance with the model set out in Annex I to Implementing Regulation (EU) 2016/1239 (‘import licence AGRIM’).

The licence shall be issued only where it has been demonstrated to the satisfaction of the Member State where the hemp products are to be released for free circulation that all the conditions laid down in Article 189(1) of Regulation (EU) No 1308/2013 and in this Regulation and the requirements laid down by the Member State concerned pursuant to Article 189(2) of Regulation (EU) No 1308/2013, have been met.

2.   The application for a licence shall contain the information in line with the instructions for hemp products in the notice on import and export licences for agricultural products.

Member States may lay down additional requirements relating to the licence application and the issue and use of the licence, as referred to in Article 189(2) of Regulation (EU) No 1308/2013.

3.   For the purposes of point (c) of Article 189(1) of Regulation (EU) No 1308/2013 the Member States concerned shall establish arrangements for the authorisation of importers of hemp seed other than for sowing. Those arrangements shall include the definition of the conditions for authorisation, checks and the penalties to be applied in cases of irregularity.

4.   In the case of release for free circulation of hemp seeds other than for sowing as referred to in Section G of Part I of the Annex, the import licence shall be issued only where the authorised importer undertakes that the authorities competent for checks concerning the relevant operations in the Member State where the importer is authorised will be provided, within the time limits and under the conditions set by the Member State, with documents demonstrating that the hemp seed covered by the licence has undergone, within a period of less than 12 months from the date on which the licence is issued, one of the following operations:

(a)

placing in a condition that excludes use for sowing;

(b)

mixing with seed other than hemp seed for the purposes of animal nutrition, with hemp seed accounting for a maximum of 15 % of the total mixture and, in exceptional cases, a maximum of 25 % at the request of the authorised importer accompanied by a justification;

(c)

export to a third country.

However, if part of the hemp seed covered by the licence has not undergone one of the operations referred to in the first subparagraph within the time limit of 12 months, the Member State may, at the request of the authorised importer accompanied by a justification, extend that time limit by one or two periods of six months.

The documents referred to in the first subparagraph shall be drawn up by the operators who have carried out the operations and shall comprise at least the following information:

(a)

the name, full address, Member State and signature of the operator;

(b)

a description of the operation carried out meeting the conditions laid down in the first subparagraph and the date on which it was carried out;

(c)

the quantity in kilograms of hemp seed to which the operation related.

On the basis of a risk analysis, each Member State concerned shall carry out checks on the accuracy of the documents relating to the operations referred to in the first subparagraph carried out on their territory.

5.   By way of derogation from Article 6(1), rights deriving from import licences for hemp products shall not be transferable.

Article 10

Garlic

1.   Import licences for garlic as listed in Sections E and F of Part I of the Annex shall be referred to as ‘B’ licences.

2.   Applicants may only lodge applications for ‘B’ licences with the licence issuing authority of the Member State in which they are established and in which they are registered for VAT purposes.

3.   By way of derogation from Article 6(1), rights deriving from ‘B’ licences shall not be transferable.

CHAPTER III

AMENDMENTS, REPEAL, TRANSITIONAL AND FINAL PROVISIONS

Article 11

Amendment of Regulations (EC) No 2535/2001, (EC) No 1342/2003, (EC) No 2336/2003, (EC) No 951/2006, (EC) No 341/2007 and (EC) No 382/2008

1.   The following provisions are deleted:

(a)

in Regulation (EC) No 2535/2001, Articles 20, 21 and 22;

(b)

in Regulation (EC) No 1342/2003, Articles 6(1)(a), 8(2), 9(1) and (2), 12(a) and 16;

(c)

in Regulation (EC) No 2336/2003, Articles 5 and 7;

(d)

in Regulation (EC) No 951/2006, Articles 4c, 4d, 4e, 5(1), 7 to 7f, 8a, 9, 10, 11(1)(a) and (2), 12a, 17(1) and 18(1);

(e)

in Regulation (EC) No 341/2007, Article 5(1), the second subparagraph of Article 5(2) and Articles 13 and 14;

(f)

in Regulation (EC) No 382/2008, Articles 2, 5(1) and (2), 6(1) and (2), 7 and 8(1) and (2);

2.   The provisions referred to in paragraph 1 shall continue to apply for licences issued under the relevant Regulations.

Article 12

Repeal

Regulations (EC) No 2390/98, (EC) No 1345/2005, (EC) No 376/2008 and (EC) No 507/2008 are repealed.

However,

those Regulations shall continue to apply for licences issued under those Regulations, and

Article 34(10) of Regulation (EC) No 376/2008 shall continue to apply until the relevant rules in respect of tariff quotas adopted on the basis of Articles 186 and 187 of Regulation (EU) No 1308/2013 have become applicable.

Article 13

Transitional provisions

1.   This Regulation does not affect the applicable period of validity and the amount of the security lodged for licences which have not expired on 6 November 2016.

2.   At the request of the titular holder, the security lodged for a licence shall be released when all of the following conditions are met:

(a)

the validity of the licence has not expired on the date referred to in paragraph 1;

(b)

the licence is no longer required for the products concerned from the date referred to in paragraph 1;

(c)

the licence has been used only partially or not at all on the date referred to in paragraph 1.

Article 14

Entry into force and application

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

It shall apply from 6 November 2016.

However, Article 11(1)(d) shall apply from 1 October 2017.

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

Done at Brussels, 18 May 2016.

For the Commission

The President

Jean-Claude JUNCKER


(1)   OJ L 347, 20.12.2013, p. 671.

(2)   OJ L 347, 20.12.2013, p. 549.

(3)  Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1).

(4)  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 (see page 44 of this Official Journal).

(5)  Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (OJ L 341, 22.12.2001, p. 29).

(6)  Commission Regulation (EC) No 1342/2003 of 28 July 2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (OJ L 189, 29.7.2003, p. 12).

(7)  Commission Regulation (EC) No 2336/2003 of 30 December 2003 introducing certain detailed rules for applying Council Regulation (EC) No 670/2003 laying down specific measures concerning the market in ethyl alcohol of agricultural origin (OJ L 346, 31.12.2003, p. 19).

(8)  Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (OJ L 178, 1.7.2006, p. 24).

(9)  Commission Regulation (EC) No 341/2007 of 29 March 2007 opening and providing for the administration of tariff quotas and introducing a system of import licences and certificates of origin for garlic and certain other agricultural products imported from third countries (OJ L 90, 30.3.2007, p. 12).

(10)  Commission Regulation (EC) No 382/2008 of 21 April 2008 on rules of application for import and export licences in the beef and veal sector (OJ L 115, 29.4.2008, p. 10).

(11)  Commission Regulation (EC) No 2390/98 of 5 November 1998 laying down detailed rules for the application of Council Regulation (EC) No 1706/98 as regards the arrangements for importing certain cereal substitute products and processed cereal and rice products originating in the African, Caribbean and Pacific States or in the overseas countries and territories and repealing Regulation (EEC) No 2245/90 (OJ L 297, 6.11.1998, p. 7).

(12)  Commission Regulation (EC) No 1345/2005 of 16 August 2005 laying down detailed rules for the application of the system of import licences for olive oil (OJ L 212, 17.8.2005, p. 13).

(13)  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 (OJ L 114, 26.4.2008, p. 3).

(14)  Commission Regulation (EC) No 507/2008 of 6 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre (OJ L 149, 7.6.2008, p. 38).

(15)  Notice on import and export licences (OJ C 278, 30.7.2016).

(16)  Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (OJ L 150, 20.5.2014, p. 1).

(17)  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).

(18)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(19)  Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of reliefs from customs duty (OJ L 324, 10.12.2009, p. 23).

(20)  Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255, 28.8.2014, p. 18).


ANNEX

PART I

LICENSING OBLIGATION FOR IMPORTS

List of products referred to in Article 2(1)(a)

A.   Rice (Article 1(2)(b) and Part II of Annex I to Regulation (EU) No 1308/2013)

CN code

Description

Net quantities (1)

1006 20

Husked (brown) rice, including products imported under tariff quotas as referred to in Article 2(1)(c)

1 000 kg

1006 30

Semi-milled or wholly milled rice, whether or not polished or glazed, including products imported under tariff quotas as referred to Article 2(1)(c)

1 000 kg

1006 40 00

Broken rice, including products imported under tariff quotas as referred to in Article 2(1)(c)

1 000 kg


B.   Sugar (Article 1(2)(c) and Part III of Annex I to Regulation (EU) No 1308/2013)

CN code

Description

Net quantities (2)

1701

All products imported under preferential conditions other than tariff quotas (3), (4)

(—)

(—)

Licence required for any quantities.


C.   Seeds (Article 1(2)(e) and Part V of Annex I to Regulation (EU) No 1308/2013)

CN code

Description

Security

Net quantities (5)

ex 1207 99 20

Seeds of varieties of hemp, for sowing

 (6)

(—)

(—)

Licence required for any quantities.


D.   Flax and hemp (Article 1(2)(h) and Part VIII of Annex I to Regulation (EU) No 1308/2013)

CN code

Description

Security

Net quantities (7)

5302 10 00

True hemp, raw or retted

 (8)

(—)

(—)

Licence required for any quantities.


E.   Fruit and vegetables (Article 1(2)(i) and Part IX of Annex I to Regulation (EU) No 1308/2013)

CN code

Description

Net quantities (9)

0703 20 00

Garlic, fresh or chilled, including products imported under tariff quotas as referred to in Article 2(1)(c) (10)

(—)

ex 0703 90 00

Other alliaceous vegetables, fresh or chilled, including products imported under tariff quotas as referred to in Article 2(1)(c) (10)

(—)

(—)

Licence required for any quantities.


F.   Processed fruit and vegetable products (Article 1(2)(j) and Part X of Annex I to Regulation (EU) No 1308/2013)

CN code

Description

Net quantities (11)

ex 0710 80 95

Garlic (12) and Allium ampeloprasum (uncooked or cooked by steaming or boiling in water), frozen, including products imported under tariff quotas as referred to in Article 2(1)(c) (13)

(—)

ex 0710 90 00

Mixtures of vegetables containing garlic (12) and/or Allium ampeloprasum (uncooked or cooked by steaming or boiling in water), frozen, including products imported under tariff quotas as referred to in Article 2(1)(c) (13)

(—)

ex 0711 90 80

Garlic (12) and Allium ampeloprasum provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in this state for immediate consumption, including products imported under tariff quotas as referred to in Article 2(1)(c) (13)

(—)

ex 0711 90 90

Mixtures of vegetables containing garlic (12) and/or Allium ampeloprasum, provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in this state for immediate consumption, including products imported under tariff quotas as referred to in Article 2(1)(c) (13)

(—)

ex 0712 90 90

Dried garlic (12) and Allium ampeloprasum and mixtures of dried vegetables containing garlic (12) and/or Allium ampeloprasum, whole, cut, sliced, broken or in powder, but not further prepared, including products imported under tariff quotas as referred to in Article 2(1)(c) (13)

(—)

(—)

Licence required for any quantities.


G.   Other products (Article 1(2)(x) and Section 1 of Part XXIV of Annex I to Regulation (EU) No 1308/2013)

CN code

Description

Security

Net quantities (14)

1207 99 91

Hempseeds other than for sowing

 (15)

(—)

(—)

Licence required for any quantities.


H.   Ethyl alcohol of agricultural origin (Article 1(2)(u) and Part XXI of Annex I to Regulation (EU) No 1308/2013)

CN code

Description

Net quantities (16)

ex 2207 10 00

Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher, obtained from the agricultural products listed in Annex I to the Treaty

100 hl

ex 2207 20 00

Ethyl alcohol and other spirits, denatured, of any strength, obtained from the agricultural products listed in Annex I to the Treaty

100 hl

ex 2208 90 91

Undenatured ethyl alcohol of alcoholic strength by volume of less than 80 % vol., obtained from the agricultural products listed in Annex I to the Treaty

100 hl

ex 2208 90 99

Undenatured ethyl alcohol of alcoholic strength by volume of less than 80 % vol., obtained from the agricultural products listed in Annex I to the Treaty

100 hl

PART II

LICENSING OBLIGATION FOR EXPORTS

List of products referred to in Article 2(2)(a)

A.   Rice (Article 1(2)(b) and Part II of Annex I to Regulation (EU) No 1308/2013)

CN code

Description

Net quantities (17)

1006 20

Husked (brown) rice

500 kg

1006 30

Semi-milled or wholly milled rice, whether or not polished or glazed

500 kg


B.   Sugar (Article 1(2)(c) and Part III of Annex I to Regulation (EU) No 1308/2013)

CN code

Description

Net quantities (18)

1701

Cane or beet sugar and chemically pure sucrose, in solid form (19)

2 000 kg

1702 60 95

1702 90 95

Other sugars in solid form and sugar syrups, not containing added flavouring or colouring matter, but not including lactose, glucose, maltodextrine and isoglucose (19)

2 000 kg

2106 90 59

Flavoured or coloured sugar syrups, other than isoglucose, lactose, glucose and maltodextrine syrups (19)

2 000 kg


(1)  Maximum quantities for which no licence needs to be presented, in accordance with Article 3(1)(c). Not applicable for imports under preferential conditions or under a tariff quota administered by licences.

(2)  Maximum quantities for which no licence needs to be presented, in accordance with Article 3(1)(c). Not applicable for imports under preferential conditions or under a tariff quota administered by licences.

(3)  The import licence obligation applies until 30 September 2017.

(4)  With the exception of imports of preferential sugar of CN code 1701 99 10 originating in Moldova referred to in Council Decision 2014/492/EU of 16 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (OJ L 260, 30.8.2014, p. 1) and of preferential imports of sugar of CN code 1701 originating in Georgia referred to in Council Decision 2014/494/EU of 16 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (OJ L 261, 30.8.2014, p. 1).

(5)  Maximum quantities for which no licence needs to be presented, in accordance with Article 3(1)(c). Not applicable for imports under preferential conditions or under a tariff quota administered by licences.

(6)  No security is required.

(7)  Maximum quantities for which no licence needs to be presented, in accordance with Article 3(1)(c). Not applicable for imports under preferential conditions or under a tariff quota administered by licences.

(8)  No security is required.

(9)  Maximum quantities for which no licence needs to be presented, in accordance with Article 3(1)(c). Not applicable for imports under preferential conditions or under a tariff quota administered by licences.

(10)  The import licence obligation applies until 30 September 2017.

(11)  Maximum quantities for which no licence needs to be presented, in accordance with Article 3(1)(c). Not applicable for imports under preferential conditions or under a tariff quota administered by licences.

(12)  This shall also include products where the word ‘garlic’ is only part of the description. Such terms may include, but are not limited to ‘solo garlic’, ‘elephant garlic’, ‘single clove garlic’ or ‘great-headed garlic’.

(13)  The import licence obligation applies until 30 September 2017.

(14)  Maximum quantities for which no licence needs to be presented, in accordance with Article 3(1)(c). Not applicable for imports under preferential conditions or under a tariff quota administered by licences.

(15)  No security is required.

(16)  Maximum quantities for which no licence needs to be presented, in accordance with Article 3(1)(c). Not applicable for imports under preferential conditions or under a tariff quota administered by licences.

(17)  Maximum quantities for which no licence needs to be presented, in accordance with Article 3(1)(c). Not applicable for exports under preferential conditions or under a tariff quota administered by licences.

(18)  Maximum quantities for which no licence needs to be presented, in accordance with Article 3(1)(c). Not applicable for exports under preferential conditions or under a tariff quota administered by licences.

(19)  The export licence obligation applies until 30 September 2017.


30.7.2016   

EN

Official Journal of the European Union

L 206/15


COMMISSION DELEGATED REGULATION (EU) 2016/1238

of 18 May 2016

supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Articles 19(1), (2), (3), (4)(a) and (5) and 223(2)(a) thereof,

Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (2), and in particular Articles 64(6) and 66(3)(c) and (e) thereof,

Whereas:

(1)

Regulation (EU) No 1308/2013 replaced Council Regulation (EC) No 1234/2007 (3) and lays down new rules regarding public intervention and aid for private storage. It also empowers the Commission to adopt delegated and implementing acts in that respect. In order to ensure the smooth functioning of the public intervention and aid for private storage schemes in the new legal framework, certain rules have to be adopted by means of such acts.

(2)

Article 11 of Regulation (EU) No 1308/2013 provides that public intervention applies in respect of common wheat, durum wheat, barley, maize, paddy rice, fresh or chilled meat of the beef and veal sector, butter and skimmed milk powder, in accordance with the conditions set out in that Regulation and additional requirements determined by the Commission.

(3)

Article 17 of Regulation (EU) No 1308/2013 provides that aid for private storage may be granted for white sugar, olive oil, flax fibre, fresh or chilled meat of bovine animals aged eight months or more, butter, cheese, skimmed milk powder, pigmeat, or sheepmeat and goatmeat in accordance with the conditions set out in that Regulation and additional requirements determined by the Commission.

(4)

In order to simplify and improve the effectiveness of the management and control mechanisms related to the public intervention and aid for private storage schemes, common rules for all the eligible products should be laid down.

(5)

As a general rule, in order to facilitate management and control, participation in the public intervention and aid for private storage schemes should be allowed only to operators established and registered for VAT purposes in a Member State.

(6)

In order to provide for effective control of the production of olive oil and sugar, operators eligible for aid for private storage should fulfil additional conditions.

(7)

Since products covered by public intervention and aid for private storage have a different nature as to production or harvest time and storage requirements, specific conditions of eligibility for each product should be provided for. In order to give the operators the time to adapt to the new system, some conditions should be applicable only from the 2017/18 marketing year with regard to cereals.

(8)

In order to guarantee the seriousness of the offer or tender or application and to ensure that the measure will have the desired effect on the market, both in the case of intervention buying-in, sales and disposal under the scheme for the most deprived in the Union, and in respect of aid for private storage, requirements relating to the lodging of a security should be laid down.

(9)

Provisions should also be laid down for the release and forfeiture of the security for intervention buying-in, sales and disposal under the scheme for the most deprived in the Union, and in respect of aid for private storage.

(10)

In respect of intervention sales, the tendering procedure can take place properly only if genuine tenders are submitted. To achieve that objective, it should be required that the security be released subject to the payment of the selling price within the time limit laid down.

(11)

In order to ensure that the public intervention scheme operates as simply and efficiently as possible throughout the Union, as regards the buying-in of eligible products on the one hand and the selling of products taken over by paying agencies on the other hand, the storage places should fulfil certain conditions.

(12)

It is necessary to provide that the paying agencies in charge of public intervention in the Member States, in accordance with Commission Delegated Regulation (EU) No 907/2014 (4), ensure that those conditions relating to the storage places are complied with.

(13)

In the event that the allocation of beef for buying-in exceeds the cold storage capacity available in a Member State, it is necessary to provide for the possibility for a Member State to utilise cold storage capacity in another Member State.

(14)

In order to ensure that aid for private storage is managed efficiently, specific rules related to the payment of the aid for private storage should be laid down.

(15)

As the aim of this Regulation and the implementing act to be adopted in respect of public intervention and private storage is to simplify and adapt the provisions applicable to the products covered by public intervention and aid for private storage to the new legal framework established by Regulation (EU) No 1308/2013 and Council Regulation (EU) No 1370/2013 (5), it should replace the provisions contained in Commission Regulations (EEC) No 3427/87 (6), (EEC) No 2351/91 (7), (EC) No 720/2008 (8), (EC) No 826/2008 (9), (EC) No 1130/2009 (10), (EU) No 1272/2009 (11) and (EU) No 807/2010 (12). For the sake of clarity, those latter Regulations should therefore be repealed,

HAS ADOPTED THIS REGULATION:

CHAPTER I

INTRODUCTORY PROVISION

Article 1

Scope

This Regulation lays down rules supplementing Regulation (EU) No 1308/2013 as regards:

(a)

the buying-in and selling from public intervention of products listed in Article 11 of that Regulation; and

(b)

the granting of aid for private storage for products listed in Article 17 of that Regulation.

CHAPTER II

GENERAL RULES

Article 2

Eligibility of operators

1.   Operators shall be established and registered for VAT purposes in the Union in order to submit:

(a)

an offer or a tender for the buying-in, or a tender for the selling, of products under public intervention; or

(b)

a tender for aid for private storage or an application for aid for private storage fixed in advance.

2.   In the case of buying-in of beef, only the following operators referred to in paragraph 1 may submit tenders:

(a)

slaughterhouses for bovine animals approved in accordance with Article 4 of Regulation (EC) No 853/2004 of the European Parliament and of the Council (13);

(b)

livestock or meat traders who have slaughtering undertaken therein on their own account.

3.   In the case of aid for private storage, only the following operators referred to in paragraph 1 may apply or submit tenders:

(a)

in the olive oil sector, operators who fulfil the requirements laid down in Annex VII;

(b)

in the sugar sector, operators who are sugar manufacturers.

Article 3

Eligibility of products

1.   Products shall be of sound, fair and marketable quality and meet the requirements laid down in Regulation (EU) No 1308/2013.

2.   In the case of buying-in, products shall fulfil the requirements laid down as follows:

(a)

for cereals: in Annex I to this Regulation;

(b)

for rice: in Annex II to this Regulation;

(c)

for beef: in Annex III to this Regulation;

(d)

for butter: in Parts I and II of Annex IV to this Regulation and Article 21 of Commission Implementing Regulation (EU) 2016/1240 (14);

(e)

for skimmed milk powder: in Parts I and II of Annex V to this Regulation and Article 21 of Implementing Regulation (EU) 2016/1240.

In addition, butter and skimmed milk powder must have been produced in an undertaking approved in accordance with Part III of Annex IV or Part III of Annex V to this Regulation, respectively.

3.   In the case of aid for private storage, products shall fulfil the requirements laid down in Annex VI to this Regulation.

Article 4

Security

Operators shall lodge a security in favour of the relevant paying agency in accordance with Section 2 of Chapter IV of Delegated Regulation (EU) No 907/2014 when:

(a)

submitting an offer or a tender for the buying-in or sale of intervention products, or the disposal of such products under the scheme for food distribution for the most deprived in accordance with Article 16(2) of Regulation (EU) No 1308/2013;

(b)

submitting a tender or an application for aid for private storage unless an Implementing Regulation opening the tendering procedure or fixing the amount of aid in advance as referred to in Implementing Regulation (EU) 2016/1240 provides otherwise.

Article 5

Release and forfeiture of security

1.   The security provided for in Article 4 shall be released where a tender, offer or application is inadmissible or has not been accepted.

2.   In the case of intervention buying-in, the security shall be released when:

(a)

the operator has delivered the quantity indicated by the final date for delivery set out in the delivery order referred to in Article 17 of Implementing Regulation (EU) 2016/1240; and

(b)

conformity with the product eligibility requirements referred to in Article 3 of this Regulation has been established; or

(c)

an allocation coefficient as referred to in Article 11(1)(b) of Implementing Regulation (EU) 2016/1240 is applied. In that case, the amount of the released security shall correspond to the quantity not accepted; or

(d)

the offer is withdrawn by an operator to whom an allocation coefficient as referred to Article 11(1)(b) of Implementing Regulation (EU) 2016/1240 applies.

3.   In the case of sale of intervention products, the security shall be released:

(a)

for unsuccessful operators, after the decision referred to in Article 32(1) or 36(2) of Implementing Regulation (EU) 2016/1240 has been taken;

(b)

for successful operators, in respect of the quantities for which payment has been made in accordance with Article 35 of Implementing Regulation (EU) 2016/1240;

(c)

where the obligations relating to the disposal of products under the scheme for food distribution for the most deprived have been met.

4.   In the case of aid for private storage, the security shall be released when:

(a)

an allocation coefficient as referred to in the first subparagraph of Article 43(2) of Implementing Regulation (EU) 2016/1240 is applied. In that case, the amount of the released security shall correspond to the quantity not accepted;

(b)

the tender is withdrawn by the reason of fixing of an allocation coefficient as referred to in the second subparagraph of Article 43(2) of Implementing Regulation (EU) 2016/1240;

(c)

the contractual obligations in respect of the contractual quantity have been fulfilled.

5.   The security referred shall be forfeit where the offer, tender or application is:

(a)

withdrawn by reasons other than fixing of an allocation coefficient pursuant to Article 11(1)(b) or the first subparagraph of Article 43(2) of Implementing Regulation (EU) 2016/1240; or

(b)

amended after submission.

6.   In the case of intervention buying-in, the security shall be forfeit where:

(a)

the products do not conform with the requirements referred to in Article 3 in respect of the quantities not accepted;

(b)

except in cases of force majeure, the operator fails to deliver the products by the final date set out in the delivery order, in proportion to the quantities not delivered and buying-in shall be cancelled in respect of those quantities.

However, in the case of cereals, rice and beef, if the quantity actually delivered and accepted is less than the quantity specified in the delivery order, the security shall be released in full where the difference is not more than 5 %.

7.   In the case of sale of intervention products, except in cases of force majeure, the security shall be forfeit:

(a)

in respect of quantities for which payment has not been made in accordance with Article 35 of Implementing Regulation (EU) 2016/1240 and the sale shall be cancelled in respect of those quantities;

(b)

where the obligations relating to the disposal of products under the scheme for food distribution for the most deprived have not been fulfilled.

8.   In the case of aid for private storage, the security shall be forfeit where:

(a)

less than 95 % of the quantities specified in the tender or application are placed in storage under the conditions provided for in Article 52(1)(a) of Implementing Regulation (EU) 2016/1240;

(b)

less than the percentage of the contractual quantity referred to in Article 8(1) is kept in storage, including in the case of sugar stored in bulk in the silo designated by the operator, for the period laid down in the Implementing Regulation opening the tendering procedure or fixing the amount of aid for private storage in advance;

(c)

the time limit for placing the products into storage as referred to in Article 47(1) of Implementing Regulation (EU) 2016/1240 is not complied with;

(d)

the checks provided for Chapter I of Title IV of Implementing Regulation (EU) 2016/1240 show that the products stored do not correspond to the quality requirements referred to in Article 3 of this Regulation;

(e)

the requirement laid down in Article 53(3) of Implementing Regulation (EU) 2016/1240 is not complied with.

CHAPTER III

SPECIFIC RULES RELATED TO PUBLIC INTERVENTION

Article 6

Intervention storage places

1.   Paying agencies shall ensure that intervention storage places (‘storage places’) are suitable for the storage and keeping in good condition of the products bought-in, including storage temperature, and meet the requirements referred to in Article 7.

2.   During the periods when intervention buying-in is taking place, paying agencies shall publish and keep updated information concerning the storage places available in their territories.

Article 7

Requirements for storage places

1.   Each storage place shall fulfil the following requirements:

(a)

it has available the necessary technical equipment to take over the products;

(b)

it is able to remove quantities in order to comply with the removal period indicated in Article 37(2) of Implementing Regulation (EU) 2016/1240;

(c)

in the case of cereals, rice, butter and skimmed milk powder, it has a minimum storage capacity as laid down in Article 3(1) of Implementing Regulation (EU) 2016/1240.

2.   The paying agencies may lay down technical standards for storage places and shall take any other measures necessary to ensure that products taken into storage are properly conserved.

3.   In the case of the beef sector, the storage places shall permit:

(a)

storage of carcasses, half carcasses and carcasses cut into quarters taken over and deboned;

(b)

freezing of all deboned meat to be stored without further processing.

However, where deboning is not a condition of the tender, the storage place shall permit bone-in meat to be taken over.

When the cutting plant and refrigeration plant of a storage place are connected with the slaughterhouse or the operator, the paying agency shall carry out the appropriate checks in order to ensure that beef subject to intervention is handled and stored in accordance with this Regulation.

The cold stores located in the Member State exercising jurisdiction over the paying agency shall be capable of holding all beef allocated by the paying agency for at least three months under technically satisfactory conditions.

However, where there is insufficient cold storage capacity in a Member State for the allocated beef, the paying agency concerned may arrange for such beef to be stored in another Member State and notify the Commission accordingly.

CHAPTER IV

SPECIFIC RULES RELATED TO AID FOR PRIVATE STORAGE

Article 8

Payment of aid for private storage

1.   The aid for private storage shall be paid for the contractual quantity if the quantity stored during the contractual storage period represents at least 99 % of the contractual quantity.

However, in respect of the following products, the aid shall be paid for the contractual quantity if the quantity stored during the contractual storage period represents at least 97 % of the contractual quantity:

(a)

sugar that is stored separately from other sugar in the silo designated by the operator;

(b)

olive oil;

(c)

flax fibre;

(d)

beef, pigmeat, sheepmeat and goatmeat, whereas the contractual quantity relates to the fresh meat entering the store;

(e)

cheese;

(f)

skimmed milk powder in ‘big bags’ as referred to in point (c) of Part VI of Annex VI.

2.   Except in cases of force majeure, if the quantity stored during the contractual storage period, including in the case of sugar stored in bulk in the silo designated by the operator, is less than the percentage of the contractual quantity referred to in paragraph 1, no aid shall be paid. Nevertheless, in the case of cheese, if the paying agency deems that the cheese in question was subject to natural weight loss during the storage period, this weight loss shall not lead to a reduction of the aid or the forfeiture of the security.

3.   Aid shall only be paid where the contractual storage period respects the storage period laid down in the Implementing Regulation opening the tendering procedure or fixing the amount of aid in advance.

4.   If checks during storage or on removal reveal that the products are defective, no aid shall be paid for the quantities concerned. The remainder of the storage lot eligible for aid shall be not less than the minimum quantity provided for in the Implementing Regulation opening the tendering procedure or fixing the amount of aid in advance.

The same rule shall apply where part of a storage lot or batch is removed from storage for reasons of defectiveness before the end of the minimum storage period or before the first date allowed for removal operations, where such a date is provided for in the Implementing Regulation opening the tendering procedure or fixing the amount of aid in advance.

Defective products shall not be included in the calculation of the quantity stored referred to in paragraph 1.

5.   Except in cases of force majeure, where in respect of the total quantity stored the operator fails to respect the end of the contractual storage period, which has been fixed in accordance with Article 48(2) of Implementing Regulation (EU) 2016/1240, the aid for the contract in question shall be reduced by 10 % for each calendar day of non-compliance.

However, this reduction shall not exceed 100 % of the aid.

6.   No aid for private storage shall be paid in respect of the contract concerned where the requirement laid down in Article 53(3) of Implementing Regulation (EU) 2016/1240 is not complied with.

CHAPTER V

COMMON AND FINAL PROVISIONS

Article 9

Notifications

Member States shall notify the Commission of the approved paying agencies and quantities under the detailed conditions laid down in Chapter I of Title V of Implementing Regulation (EU) 2016/1240.

Article 10

Repeal and transitional provisions

Regulations (EEC) No 3427/87, (EEC) No 2351/91, (EC) No 720/2008, (EC) No 826/2008, (EC) No 1130/2009, (EU) No 1272/2009 and (EU) No 807/2010 are repealed.

Articles 56(3) and 56(4) of Regulation (EU) No 1272/2009 and Part A to Annex III of Regulation (EC) No 826/2008 shall continue to apply until acts replacing Commission Regulation (EC) No 792/2009 (15) have become applicable.

Part II, Table IV of Part IX and point (h) of Part XI of Annex I to Regulation (EU) No 1272/2009 shall continue to apply until 30 June 2017.

Regulation (EU) No 1272/2009 shall continue to apply in respect of offers or tenders received under that Regulation before the date of entry into force of this Regulation.

Regulation (EC) No 826/2008 shall continue to apply in respect of tenders or applications received under that Regulation before the date of entry into force of this Regulation.

Article 11

Entry into force and application

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

It shall apply as from 1 October 2016. However, as regards buying-in to public intervention, Part II of Annex I shall apply from 1 July 2017.

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

Done at Brussels, 18 May 2016.

For the Commission

The President

Jean-Claude JUNCKER


(1)   OJ L 347, 20.12.2013, p. 671.

(2)   OJ L 347, 20.12.2013, p. 549.

(3)  Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1).

(4)  Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255, 28.8.2014, p. 18).

(5)  Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products (OJ L 346, 20.12.2013, p. 12).

(6)  Commission Regulation (EEC) No 3427/87 of 16 November 1987 laying down detailed rules for intervention on the market in rice (OJ L 326, 17.11.1987, p. 25).

(7)  Commission Regulation (EEC) No 2351/91 of 30 July 1991 laying down detailed rules applicable on the purchase of rice held by an intervention agency for the supply of food aid (OJ L 214, 2.8.1991, p. 51).

(8)  Commission Regulation (EC) No 720/2008 of 25 July 2008 laying down common detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the storage and movement of products bought in by a paying agency or an intervention agency (codified version) (OJ L 198, 26.7.2008, p. 17).

(9)  Commission Regulation (EC) No 826/2008 of 20 August 2008 laying down common rules for the granting of private storage aid for certain agricultural products (OJ L 223, 21.8.2008, p. 3).

(10)  Commission Regulation (EC) No 1130/2009 of 24 November 2009 laying down common detailed rules for verifying the use and/or destination of products from intervention (OJ L 310, 25.11.2009, p. 5).

(11)  Commission Regulation (EU) No 1272/2009 of 11 December 2009 laying down common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention (OJ L 349, 29.12.2009, p. 1).

(12)  Commission Regulation (EU) No 807/2010 of 14 September 2010 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Union (OJ L 242, 15.9.2010, p. 9).

(13)  Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).

(14)  Commission Implementing Regulation (EU) 2016/1240 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 public intervention and aid for private storage (see page 71 of this Official Journal).

(15)  Commission Regulation (EC) No 792/2009 of 31 August 2009 laying down detailed rules for the Member States' notification to the Commission of information and documents in implementation of the common organisation of the markets, the direct payments' regime, the promotion of agricultural products and the regimes applicable to the outermost regions and the smaller Aegean islands (OJ L 228, 1.9.2009, p. 3).


ANNEX I

BUYING-IN OF CEREALS

PART I

Eligibility criteria for cereals

1.

The requirements referred to in Article 3 as regards cereals shall be, in particular, the following:

(a)

cereals are of the typical colour of the cereal in question;

(b)

cereals are free from abnormal smell and live pests (including mites) at every stage of their development;

(c)

cereals meet the minimum quality requirements set out in Part II; and

(d)

the levels of contaminants, including radioactivity, do not exceed the maximum levels permitted under Union legislation.

2.

The maximum levels of contaminants, as referred to in point 1(d), shall be as follows:

(a)

for common wheat and durum wheat, those permitted under Council Regulation (EEC) No 315/93 (1), including the requirements regarding the Fusarium-toxin level for common wheat and durum wheat laid down in points 2.4 to 2.7 of the Annex to Commission Regulation (EC) No 1881/2006 (2);

(b)

for barley and maize, those set by Directive 2002/32/EC of the European Parliament and of the Council (3).

3.

Member States shall check levels of contaminants, including radioactivity, on the basis of a risk analysis, taking account in particular of the information supplied by the operator and the commitments of the latter regarding compliance with the standards set, especially in the light of the results of the analyses.

In addition, in cases where analyses indicate that the Zeleny index of a batch of common wheat is between 22 and 30, for this wheat to be deemed sound, fair and of marketable quality, the dough obtained from it must be judged to be non-sticky and machinable.

PART II

Minimum quality requirements referred to in Part I

 

Durum wheat

Common wheat

Barley

Maize

A.

Maximum moisture content

14,5 %

14,5 %

14,5 %

13,5 %

B.

Maximum percentage of matter which is not basic cereal of unimpaired quality:

12 %

12 %

12 %

12 %

1.

Broken grains

6 %

5 %

5 %

5 %

2.

Grain impurities

8,5 %

7 %

12 %

5 %

2.1.

Impurities other than mottled grains

5 %

7 %

12 %

5 %

(a)

shrivelled grains

X

X

X

n.a.

(b)

other cereals

3 %

X

5 %

X

(c)

grains damaged by pests

X

X

X

X

(d)

grains in which the germ is discoloured

X

X

n.a.

n.a.

(e)

grains overheated during drying

0,50 %

0,50 %

3 %

0,50 %

2.2.

Mottled grains

3,5 %

n.a.

n.a.

n.a.

3.

Sprouted grains

4 %

4 %

6 %

6 %

4.

Miscellaneous impurities

4,5 % (*1)

3 %

3 %

3 %

of which:

 

 

 

 

(a)

extraneous seeds:

 

 

 

 

noxious

0,10 %

0,10 %

0,10 %

0,10 %

other

X

X

X

X

(b)

damaged grains:

 

 

 

 

grains damaged by spontaneous heating or too extreme heating during drying

0,05 %

0,05 %

X

X

grains affected with fusariosis

1,5 %

X

X

X

other

X

X

X

X

(c)

extraneous matter

X

X

X

X

(d)

husks (cob fragments in the case of maize)

X

X

X

X

(e)

ergot

0,05 %

0,05 %

n.a.

n.a.

(f)

decayed grains

X

X

n.a.

n.a.

(g)

impurities of animal origin

X

X

X

X

C.

Maximum percentage of wholly or partially mitadiné grains

27 %

n.a.

n.a.

n.a.

D.

Minimum specific weight (kg/hl)

78

73

62

n.a.

E.

Minimum protein content (*2)

11,5 %

11,0 %

n.a.

n.a.

F.

Hagberg falling number (seconds)

220

220

n.a.

n.a.

G.

Minimum Zeleny index (ml)

n.a.

22

n.a.

n.a

‘X’

Indicates analysis required without specific limit but content to be taken into account for maximum limits set in points 2 and 4 of the table.

‘n.a.’

Not applicable, not requiring analysis.

Matter other than basic cereals of unimpaired quality is defined in Part I of Annex I to Implementing Regulation (EU) 2016/1240.

Grains of basic cereals and other cereals which are damaged or decayed shall be classified as ‘miscellaneous impurities’ even if they have defects which belong to other categories.


(1)  Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food (OJ L 37, 13.2.1993, p. 1).

(2)  Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5).

(3)  Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (OJ L 140, 30.5.2002, p. 10).

(*1)  Of which maximum 3 % for impurities other than grains affected by fusariosis.

(*2)  As a percentage of dry matter.


ANNEX II

BUYING-IN OF RICE

PART I

Eligibility criteria for paddy rice

1.

The requirements referred to in Article 3 as regards rice shall be, in particular, the following:

(a)

the paddy rice is free of odour and does not contain live insects;

(b)

the moisture content does not exceed 14,5 %;

(c)

the milling yield is not more than five points below the basic yields listed in Part II;

(d)

the percentage of miscellaneous impurities, the percentage of rice grains of other varieties and the percentage of grains which do not comply with the standard quality as defined in Part A of Annex III to Regulation (EU) No 1308/2013, do not exceed the maximum percentages set out in Part III of this Annex, by type of rice;

(e)

the level of radioactivity does not exceed the maximum levels permitted by Union legislation.

2.

For the purposes of this Annex, ‘miscellaneous impurities’ means foreign matter other than rice.

PART II

Criteria for milling yield

Basic milling yield

Description of variety

Whole-grain yield (%)

Overall yield (%)

Argo, Selenio, Couachi

66

73

Alpe, Arco, Balilla, Balilla Sollana, Bomba, Elio, Flipper, Lido, Sara, Thainato, Thaiperla, Veta, Guadiamar

65

73

Ispaniki A, Makedonia

64

73

Bravo, Europa, Loto, Riva, Rosa Marchetti, Savio, Veneria

63

72

Ariete, Bahia, Carola, Cigalon, Cripto, Drago, Eolo, Gladio, Graldo, Koral, Mercurio, Niva, Onda, Padano, Panda, Ribe, S. Andrea, Saturno, Senia, Smeraldo, Dion, Zeus

62

72

Strymonas

62

71

Baldo, Redi, Roma, Tebre, Volano

61

72

Thaibonnet, Puntal

60

72

Evropi

60

70

Arborio, Rea

58

72

Carnaroli, Elba, Vialone Nano

57

72

Axios

57

67

Roxani

57

66

Unnamed varieties

64

72

PART III

Maximum percentages

Grain defects

Round-grain rice

CN code 1006 10 92

Medium and long-grain A

CN codes 1006 10 94 and 1006 10 96

Long-grain B

CN code 1006 10 98

Chalky grains

6

4

4

Grains striated with red

10

5

5

Spotted and stained grains

4

2,75

2,75

Amber grains

1

0,50

0,50

Yellow grains

0,175

0,175

0,175

Miscellaneous impurities

1

1

1

Rice grains of other varieties

5

5

5


ANNEX III

BUYING-IN OF BEEF

PART I

Eligibility criteria for beef

1.

Carcasses, half-carcasses and carcasses cut into quarters, fresh or chilled (CN code 0201) as listed in Part II of this Annex falling within the following categories defined in Part A of Annex IV to Regulation (EU) No 1308/2013 may be bought in:

(a)

meat of uncastrated male animals aged from 12 months to less than 24 months (category A);

(b)

meat of castrated male animals aged from 12 months (category C);

(c)

meat of male animals aged from 8 months to less than 12 months (category Z).

2.

Products referred to in point 1 may be bought in only under the following conditions:

(a)

they have been slaughtered in accordance with Regulation (EC) No 853/2004 and Regulation (EC) No 854/2004 of the European Parliament and of the Council (1);

(b)

they have been classified, presented and identified in accordance with Commission Regulation (EC) No 1249/2008 (2);

(c)

they have been labelled in accordance with Regulation (EC) No 1760/2000 of the European Parliament and of the Council (3);

(d)

they come from animals slaughtered not more than six days and not less than two days previously.

PART II

Classification of products

For the purpose of this Part, category Z refers only to male animals as described in point 1(c) of Part I.

BELGIQUE/BELGIË

Carcasses, demi-carcasses:

Hele dieren, halve dieren:

 

Catégorie A, classe S2/Categorie A, klasse S2

 

Catégorie A, classe S3/Categorie A, klasse S3

 

Catégorie A, classe E2/Categorie A, klasse E2

 

Catégorie A, classe E3/Categorie A, klasse E3

 

Catégorie A, classe U2/Categorie A, klasse U2

 

Catégorie A, classe U3/Categorie A, klasse U3

 

Catégorie A, classe R2/Categorie A, klasse R2

 

Catégorie A, classe R3/Categorie A, klasse R3

 

Catégorie Z, classe S2/Categorie Z, klasse S2

 

Catégorie Z, classe S3/Categorie Z, klasse S3

 

Catégorie Z, classe E2/Categorie Z, klasse E2

 

Catégorie Z, classe U2/Categorie Z, klasse U2

 

Catégorie Z, classe U3/Categorie Z, klasse U3

 

Catégorie Z, classe R2/Categorie Z, klasse R2

 

Catégorie Z, classe R3/Categorie Z, klasse R3

БЪЛГАРИЯ

Tрупове, половинки трупове:

 

категория А, клас R2

 

категория А, клас R3

 

категория Z, клас R2

 

категория Z, клас R3

ČESKÁ REPUBLIKA

Jatečně upravená těla, půlky jatečně upravených těl:

 

Kategorie A, třída R2

 

Kategorie A, třída R3

 

Kategorie A, třídaO2

 

Kategorie A, třída U2

 

Kategorie Z, třída R2

 

Kategorie Z, třída R3

 

Kategorie Z, třída O2

DANMARK

Hele og halve kroppe:

 

Kategori A, klasse R2

 

Kategori A, klasse R3

 

Kategori A, klasse O2

 

Kategori A, klasse O3

 

Kategori Z, klasse R2

 

Kategori Z, klasse R3

 

Kategori Z, klasse O2

 

Kategori Z, klasse O3

DEUTSCHLAND

Ganze oder halbe Tierkörper:

 

Kategorie A, Klasse U2

 

Kategorie A, Klasse U3

 

Kategorie A, Klasse R2

 

Kategorie A, Klasse R3

 

Kategorie Z, Klasse U2

 

Kategorie Z, Klasse U3

 

Kategorie Z, Klasse R2

 

Kategorie Z, Klasse R3

EESTI

Rümbad, poolrümbad:

 

Kategooria A, klass R2

 

Kategooria A, klass R3

 

Kategooria Z, klass R2

 

Kategooria Z, klass R3

EIRE/IRELAND

Carcases, half-carcases:

 

Category C, class U3

 

Category C, class U4

 

Category C, class R3

 

Category C, class R4

 

Category C, class O3

 

Category C, class O4

ΕΛΛΑΔΑ

Ολόκληρα ή μισά σφάγια:

 

Κατηγορία A, κλάση R2

 

Κατηγορία A, κλάση R3

 

Κατηγορία A, κλάση O2

 

Κατηγορία A, κλάση O3

 

Κατηγορία Z, κλάση R2

 

Κατηγορία Z, κλάση R3

 

Κατηγορία Z, κλάση O2

 

Κατηγορία Z, κλάση O3

ESPAÑA

Canales o medias canales:

 

Categoría A, clase U2

 

Categoría A, clase U3

 

Categoría A, clase R2

 

Categoría A, clase R3

 

Categoría Z, clase U2

 

Categoría Z, clase U3

 

Categoría Z, clase R2

 

Categoría Z, clase R3

FRANCE

Carcasses, demi-carcasses:

 

Catégorie A, classe U2

 

Catégorie A, classe U3

 

Catégorie A, classe R2

 

Catégorie A, classe R3

 

Catégorie A, classe O2

 

Catégorie A, classe O3

 

Catégorie Z, classe U2

 

Catégorie Z, classe U3

 

Catégorie Z, classe R2

 

Catégorie Z, classe R3

 

Catégorie C, classe U2

 

Catégorie C, classe U3

 

Catégorie C, classe U4

 

Catégorie C, classe R3

 

Catégorie C, classe R4

 

Catégorie C, classe O3

HRVATSKA

Trupovi, polovice trupova:

 

Kategorija A, klasa U2

 

Kategorija A, klasa U3

 

Kategorija A, klasa R2

 

Kategorija A, klasa R3

 

Kategorija Z, klasa U2

 

Kategorija Z, klasa U3

 

Kategorija Z, klasa R2

 

Kategorija Z, klasa R3

 

Kategorija Z, klasa O2

ITALIA

Carcasse e mezzene:

 

Categoria A, classe U2

 

Categoria A, classe U3

 

Categoria A, classe R2

 

Categoria A, classe R3

 

Categoria A, classe O2

 

Categoria A, classe O3

 

Categoria Z, classe U2

 

Categoria Z, classe U3

 

Categoria Z, classe R2

 

Categoria Z, classe R3

 

Categoria Z, classe O2

 

Categoria Z, classe O3

ΚΥΠΡΟΣ

Ολόκληρα ή μισά σφάγια:

 

Κατηγορία A, κλάση R2

 

Κατηγορία Z, κλάση R2

LATVIJA

Liemeņi, pusliemeņi:

 

A kategorija, R2 klase

 

A kategorija, R3 klase

 

Z kategorija, R2 klase

 

Z kategorija, R3 klase

LIETUVA

Skerdenos ir skerdenų pusės:

 

A kategorija, R2 klasė

 

A kategorija, R3 klasė

 

A kategorija, O2 klasė

 

A kategorija, O3 klasė

 

Z kategorija, R2 klasė

 

Z kategorija, R3 klasė

LUXEMBOURG

Carcasses, demi-carcasses:

 

Catégorie A, classe U2

 

Catégorie A, classe U3

 

Catégorie A, classe R2

 

Catégorie A, classe R3

MAGYARORSZÁG

Hasított test vagy hasított féltest:

 

A kategória, R2 osztály

 

A kategória, R3 osztály

 

Z kategória, R2 osztály

 

Z kategória, R3 osztály

MALTA

Karkassi, nofs karkassi:

 

Kategorija A, klassi R3

 

Kategorija Z, klassi R3

NEDERLAND

Hele dieren, halve dieren:

 

Categorie A, klasse R2

 

Categorie A, klasse R3

 

Categorie A, klasse O2

 

Categorie A, klasse O3

 

Categorie Z, klasse R2

 

Categorie Z, klasse R3

 

Categorie Z, klasse O2

 

Categorie Z, klasse O3

ÖSTERREICH

Ganze oder halbe Tierkörper:

 

Kategorie A, Klasse U2

 

Kategorie A, Klasse U3

 

Kategorie A, Klasse R2

 

Kategorie A, Klasse R3

 

Kategorie Z, Klasse U2

 

Kategorie Z, Klasse U3

 

Kategorie Z, Klasse R2

 

Kategorie Z, Klasse R3

POLSKA

Tusze, półtusze:

 

Kategoria A, klasa R2

 

Kategoria A, klasa R3

 

Kategoria A, klasa O2

 

Kategoria A, klasa O3

 

Kategoria Z, klasa R2

 

Kategoria Z, klasa R3

 

Kategoria Z, klasa O2

 

Kategoria Z, klasa O3

PORTUGAL

Carcaças ou meias-carcaças:

 

Categoria A, classe U2

 

Categoria A, classe U3

 

Categoria A, classe R2

 

Categoria A, classe R3

 

Categoria Z, classe U2

 

Categoria Z, classe U3

 

Categoria Z, classe R2

 

Categoria Z, classe R3

ROMÂNIA

Carcase, jumătăți de carcase

 

Categoria A, clasa U2

 

Categoria A, clasa U3

 

Categoria A, clasa R2

 

Categoria A, clasa R3

 

Categoria A, clasa O2

 

Categoria A, clasa O3

 

Categoria Z, clasa U2

 

Categoria Z, clasa U3

 

Categoria Z, clasa R2

 

Categoria Z, clasa R3

 

Categoria Z, clasa O2

 

Categoria Z, clasa O3

SLOVENIJA

Trupi, polovice trupov:

 

Kategorija A, razred U2

 

Kategorija A, razred U3

 

Kategorija A, razred R2

 

Kategorija A, razred R3

 

Kategorija A, razred O2

 

Kategorija Z, razred U2

 

Kategorija Z, razred R2

 

Kategorija Z, razred R3

 

Kategorija Z, razred O2

SLOVENSKO

Jatočné telá, jatočné polovice:

 

kategória A, trieda kvality R2

 

kategória A, trieda kvality R3

 

kategória A, trieda kvality O2

 

kategória A, trieda kvality O3

 

kategória Z, trieda kvality R2

 

kategória Z, trieda kvality R3

 

kategória Z, trieda kvality O2

 

kategória Z, trieda kvality O3

SUOMI/FINLAND

Ruhot, puoliruhot/Slaktkroppar, halva slaktkroppar:

 

Kategoria A, luokka R2/Kategori A, klass R2

 

Kategoria A, luokka R3/Kategori A, klass R3

 

Kategoria A, luokka O2/Kategori A, klass O2

 

Kategoria A, luokka O3/Kategori A, klass O3

 

Kategoria Z, luokka R2/Kategori Z, klass R2

 

Kategoria Z, luokka R3/Kategori Z, klass R3

SVERIGE

Slaktkroppar, halva slaktkroppar:

 

Kategori A, klass R2

 

Kategori A, klass R3

 

Kategori A, klass O2

 

Kategori A, klass O3

 

Kategori Z, klass R2

 

Kategori Z, klass R3

UNITED KINGDOM

I.   Great Britain

Carcases, half-carcases:

 

Category C, class U3

 

Category C, class U4

 

Category C, class R3

 

Category C, class R4

 

Category C, class O3

 

Category C, class O4

 

Category A, class U2

 

Category A, class U3

 

Category A, class R2

 

Category A, class R3

 

Category A, class O2

 

Category A, class O3

 

Category Z, class U2

 

Category Z, class U3

 

Category Z, class R2

 

Category Z, class R3

 

Category Z, class O2

 

Category Z, class O3

II.   Northern Ireland

Carcases, half-carcases:

 

Category C, class U3

 

Category C, class U4

 

Category C, class R3

 

Category C, class R4

 

Category C, class O3

 

Category C, class O4

 

Category A, class U2

 

Category A, class U3

 

Category A, class R2

 

Category A, class R3

 

Category A, class O2

 

Category A, class O3

 

Category Z, class U2

 

Category Z, class U3

 

Category Z, class R2

 

Category Z, class R3

 

Category Z, class O2

 

Category Z, class O3


(1)  Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (OJ L 139, 30.4.2004, p. 206).

(2)  Commission Regulation (EC) No 1249/2008 of 10 December 2008 laying down detailed rules on the implementation of the Community scales for the classification of beef, pig and sheep carcases and the reporting of prices thereof (OJ L 337, 16.12.2008, p. 3).

(3)  Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1).


ANNEX IV

BUYING-IN OF BUTTER

PART I

Eligibility criteria for butter

1.

The paying agency shall only buy-in butter which complies with Article 11(d) of Regulation (EU) No 1308/2013, with points 2 to 6 of this Part of this Annex and with Part II of Annex IV to Implementing Regulation (EU) 2016/1240.

2.

The paying agency shall check the quality of butter using the methods referred to in Article 4 of Implementing Regulation (EU) 2016/1240, and on the basis of samples taken in accordance with the rules set out in Part I of Annex IV to that Regulation. However, paying agencies may, subject to written agreement of the Commission, set up a system of self checking under their own supervision in respect of certain quality requirements and for certain approved undertakings.

3.

Levels of radioactivity in butter may not exceed the maximum levels permitted under Union legislation and shall be monitored only if the situation so requires.

4.

The butter shall have been made during the 31 days preceding the day on which the paying agency receives the offer to sell at fixed price or, in the case of tenders, during the 31 days preceding the closing date of the tendering sub-period.

5.

Where butter is offered or tendered for intervention in a Member State other than that in which it was produced, buying-in shall be subject to the presentation of a certificate supplied by the competent body of the Member State of production.

The certificate shall be presented to the competent body of the purchasing Member State not later than 35 days after the day on which the offer is received or after the closing date of the tender and shall contain the information referred to in points (a), (b) and (c) of paragraph 2 of Part II of Annex IV to Implementing Regulation (EU) 2016/1240, and a confirmation that the butter has been produced directly and exclusively from pasteurised cream within the meaning of Article 11(d) of Regulation (EU) No 1308/2013 in an approved undertaking in the Union.

6.

Where the Member State of production has performed the checks referred to in point 2, the certificate referred to in point 5 shall also contain the results of those checks and confirm that the product concerned is butter fulfilling the requirements of Article 11(d) of Regulation (EU) No 1308/2013. In that case, the packaging shall be sealed by means of a numbered label issued by the competent body of the Member State of production. The certificate shall contain the number of the label.

PART II

Compositional requirements and quality characteristics

Butter is a solid emulsion, mainly of the water-in-oil type, with the following compositional and quality characteristics:

Parameters

Content and quality characteristics

Fat

Minimum 82 %

Water

Maximum 16 %

Non-fat solids

Maximum 2 %

Free fatty acids

Maximum 1,2 mmole/100 g fat

Peroxide value

Maximum 0,3 meq oxygen/1 000 g fat

Coliformes

Not detectable in 1 g

Non-milk fat

Not detectable by triglyceride analysis

Sensory characteristics

At least four out of five points for appearance, flavour and consistency

Water dispersion

At least four points

PART III

Criteria for the approval of undertakings referred to in Article 11(d) of Regulation (EU) No 1308/2013

1.

Undertakings referred to in Article 11(d) of Regulation (EU) No 1308/2013 shall be approved only if they:

(a)

are approved in accordance with Article 4 of Regulation (EC) No 853/2004 and have the appropriate technical equipment;

(b)

undertake to keep permanent records in the form determined by the competent body of each Member State, listing the supplier and origin of the raw materials, the quantities of butter obtained and the packaging, identification and exit date of each production batch intended for public intervention;

(c)

agree to submit their production of butter liable to be offered for intervention to a specific official inspection;

(d)

undertake to inform the competent body, at least two working days in advance, of their intention to produce butter for public intervention; however, the Member State may set a shorter time limit.

2.

To ensure compliance with this Regulation, the competent bodies shall carry out unannounced on-the-spot inspections, on the basis of the intervention butter production schedule of the undertakings concerned.

They shall carry out at least:

(a)

one inspection per period of 28 days of production for intervention with at least one inspection every year, to examine the records referred to in point 1(b);

(b)

one inspection every year when butter is produced for intervention, to verify compliance with the other conditions for approval referred to in point 1.

3.

Approval shall be withdrawn if the conditions laid down in point 1(a) are no longer satisfied. Approval may be re-granted at the request of the undertaking concerned after a period of at least six months, following a thorough inspection.

Except in cases of force majeure, where an undertaking is found not to have complied with one of its commitments as referred to in point 1(b), (c) and (d), approval shall be suspended for a period of between one month and 12 months depending on the seriousness of the irregularity.

The Member State shall not impose suspension where it is established that the irregularity was not committed deliberately or as a result of serious negligence and that it is of minor importance with regard to the effectiveness of the inspections provided for in point 2.

4.

A report shall be drawn up on the inspections carried out pursuant to points 2 and 3, specifying:

(a)

the date of the inspection;

(b)

the duration of the inspection;

(c)

the operations carried out.

The report shall be signed by the inspector responsible.


ANNEX V

BUYING-IN OF SKIMMED MILK POWDER

PART I

Eligibility criteria for skimmed milk powder

1.

The paying agency shall only buy-in skimmed milk powder which complies with Article 11(e) of Regulation (EU) No 1308/2013, with points 2 to 6 of this Part of this Annex and with Part II of Annex V to Implementing Regulation (EU) 2016/1240.

2.

The paying agency shall check the quality of skimmed-milk powder using the methods referred to in Article 4 of Implementing Regulation (EU) 2016/1240, and on the basis of samples taken in accordance with the rules set out in Part I of Annex V to that Regulation. The checks must establish that, except authorised raw materials used for protein adjustment as referred to in point (4)(b) of Annex I to Council Directive 2001/114/EC (1), the skimmed milk powder does not contain other products, in particular buttermilk and whey, as defined in Part II of this Annex.

Protein adjustment, if applicable, shall occur in the liquid phase. Material used for protein adjustment shall be of Union origin.

However, paying agencies may, subject to written agreement of the Commission, set up a system of self-checking under their own supervision in respect of certain quality requirements and for certain approved undertakings.

3.

Levels of radioactivity in skimmed-milk powder may not exceed the maximum levels permitted under Union legislation and shall be monitored only if the situation so requires.

4.

The skimmed-milk powder must have been produced during the 31 days preceding the day on which the paying agency receives the offer to sell at fixed price or, in the case of tenders, during the 31 days preceding the closing date of the tendering sub-period. If the skimmed-milk powder is stored in silos containing the production of more than one day, it must have been produced during the three weeks preceding the week during which the offer to sell at fixed price is received or, in the case of tenders, during the four weeks preceding the closing date of the tendering sub-period.

5.

Where skimmed-milk powder is offered or tendered for intervention in a Member State other than that in which it was produced, buying-in shall be subject to the presentation of a certificate supplied by the competent body of the Member State of production.

The certificate shall be presented to the competent body of the purchasing Member State not later than 35 days after the day on which the offer is received or after the closing date of the tender and shall contain the information referred to in points (a), (b) and (c) of paragraph 2 of Part II of Annex V to Implementing Regulation (EU) 2016/1240, and a confirmation that the skimmed-milk powder has been produced from milk in an approved undertaking in the Union in accordance with Article 11(e) of Regulation (EU) No 1308/2013 and that protein adjustment, if applicable, occurred in the liquid phase.

6.

Where the Member State of production has performed the checks referred to in point 2, the certificate referred to in point 5 shall also contain the results of those checks and confirm that the product concerned is skimmed-milk powder fulfilling the requirements of Article 11(e) of Regulation (EU) No 1308/2013. In that case, the bags referred to in Article 21(2) of Implementing Regulation (EU) 2016/1240 shall be sealed with a numbered label issued by the competent body of the Member State of production. The certificate shall contain the number of the label.

PART II

Compositional requirements and quality characteristics

Parameters

Content and quality characteristics

Protein content

Minimum 34,0 % of the non-fat dry matter

Fat content

Maximum 1,00 %

Water content

Maximum 3,5 %

Titratable acidity in ml of decinormal sodium hydroxide solution

Maximum 19,5 ml

Lactate content

Maximum 150 mg/100 g

Additives

None

Phosphatase test

Negative, i.e., not more than 350 mU of phosphatasic activity per litre of reconstituted milk

Solubility index

Maximum 0,5 ml (24 °C)

Burnt-particles index

Maximum 15,0 mg, i.e. disc B minimum

Micro-organism content

Maximum 40 000 per gram

Detection of coliforms

Negative in 0,1 g

Detection of buttermilk (2)

Negative (3)

Detection of rennet whey (4)

None

Detection of acid whey (5)

None

Taste and smell

Clean

Appearance

White or slightly yellowish colour, free from impurities and coloured particles

Antimicrobial substances

Negative (6)

PART III

Criteria for the approval of undertakings referred to in Article 11(e) of Regulation (EU) No 1308/2013

1.

Undertakings referred to in Article 11(e) of Regulation (EU) No 1308/2013 shall be approved only if they:

(a)

are approved in accordance with Article 4 of Regulation (EC) No 853/2004 and have the appropriate technical equipment;

(b)

undertake to keep permanent records in the form determined by the competent body of each Member State, listing the supplier and origin of the raw materials, the quantities of skimmed-milk powder, buttermilk and whey obtained and the packaging, identification and exit date of each production batch intended for public intervention;

(c)

agree to submit their production of skimmed milk powder liable to be offered for intervention to a specific official inspection;

(d)

undertake to inform the competent body, at least two working days in advance, of their intention to produce skimmed milk powder for public intervention; however, the Member State may set a shorter time limit.

2.

To ensure compliance with this Regulation, the competent bodies shall carry out unannounced on-the-spot inspections, on the basis of the intervention skimmed milk powder production schedule of the undertakings concerned.

They shall carry out at least:

(a)

one inspection per period of 28 days of production for intervention with at least one inspection every year, to examine the records referred to in point 1(b);

(b)

one inspection every year when skimmed milk powder is produced for intervention, to verify compliance with the other conditions for approval referred to in point 1.

3.

Approval shall be withdrawn if the conditions laid down in point 1(a) are no longer satisfied. Approval may be re-granted at the request of the undertaking concerned after a period of at least six months, following a thorough inspection.

Except in cases of force majeure, where an undertaking is found not to have complied with one of its commitments as referred to in point 1(b), (c) and (d), approval shall be suspended for a period of between one month and 12 months depending on the seriousness of the irregularity.

The Member State shall not impose suspension where it is established that the irregularity was not committed deliberately or as a result of serious negligence and that it is of minor importance with regard to the effectiveness of the inspections provided for in point 2.

4.

A report shall be drawn up on the inspections carried out pursuant to points 2 and 3, specifying:

(a)

the date of the inspection;

(b)

the duration of the inspection;

(c)

the operations carried out.

The report shall be signed by the inspector responsible.


(1)  Council Directive 2001/114/EC of 20 December 2001 relating to certain partly or wholly dehydrated preserved milk for human consumption (OJ L 15, 17.1.2002, p. 19).

(2)   ‘Buttermilk’ means the by-product of butter production obtained after churning of the cream and separation of the solid fat.

(3)  The absence of buttermilk can be established either by an on-the-spot inspection of the production plant carried out without prior notice at least once a week, or by a laboratory analysis of the end product indicating a maximum of 69,31 mg of PEDP phosphatidylethanolamine dipalmitoyl per 100 g.

(4)   ‘Whey’ means the by-product of cheese or casein production obtained by the action of acids, rennet and/or chemico-physical processes.

(5)   ‘Whey’ means the by-product of cheese or casein production obtained by the action of acids, rennet and/or chemico-physical processes. The method to be applied shall be approved by the paying agency.

(6)  Raw milk used for the production of skimmed milk powder must meet the requirements specified in Section IX of Annex III to Regulation (EC) No 853/2004.


ANNEX VI

QUALITY REQUIREMENTS FOR AID FOR PRIVATE STORAGE

Levels of radioactivity in the products eligible for aid for private storage may not exceed the maximum levels permitted, where applicable, under Union legislation. The level of radioactive contamination of the products shall be monitored only if the situation so requires, and during the requisite period.

I.   Sugar

Sugar for which a tender or application is presented shall:

(a)

be white sugar in crystal form in bulk, or in big bags of 800 kg or more showing the net weight;

(b)

have a moisture content not exceeding 0,06 %.

Until the end of the 2016/2017 marketing year for sugar, it must have been produced within a quota of the marketing year in which the tender or application is made with the exclusion of white sugar withdrawn or carried forward.

II.   Flax fibre

Aid shall only be granted for long flax fibre obtained by complete separation of the fibres and the woody parts of the stalk that are at least 50 cm long on average after scutching and are arranged in parallel strands in bundles, sheets or slivers and for which the minimum quantity for applications or tenders for aid is of 2 000 kg.

Long flax fibres shall be stored in bales on which may be encoded, where appropriate:

(a)

the number identifying the factory and the Member State of production;

(b)

the date of entry into storage;

(c)

the net weight.

III.   Meat

Aid shall only be granted for:

(a)

beef classified in accordance with the Union scale for the classification of carcasses laid down in Commission Regulation (EC) No 1249/2008 (1), and identified in accordance with Article 6(3) of that Regulation;

(b)

carcasses of lambs less than 12 months old and cuts thereof;

(c)

meat from animals raised in the Union for a minimum period of the last three months in case of beef, two months in case of pigmeat and sheepmeat and goatmeat and slaughtered not more than 10 days before being placed in storage. In the case of pigs slaughtered younger than two months of age, the meat shall come from animals raised in the Union since their birth;

(d)

meat from animals that have been slaughtered in accordance with Regulation (EC) No 853/2004 and Regulation (EC) No 854/2004 of the European Parliament and of the Council;

(e)

meat from animals with no characteristics rendering them unfit for storage or subsequent use;

(f)

meat from animals not slaughtered as a result of emergency measures;

(g)

meat in the fresh state and stored in the frozen state.

IV.   Butter

Aid shall only be granted for butter:

(a)

with a minimum milkfat content, by weight, of 80 %, a maximum milk solids-non-fat content, by weight, of 2 % and a maximum water content, by weight, of 16 %;

(b)

produced during the 60 days preceding the day of application or the day of submission of the tender.

The packaging of the butter shall show the net weight. In addition, the rules on packaging of butter in Part II of Annex IV to Implementing Regulation (EU) 2016/1240 shall apply, with the exception of the obligation to indicate the term ‘sweet cream’ where the butter has a pH of 6,2 or higher.

Compliance with the origin requirement can be substantiated by proof that the butter was produced in an undertaking approved in accordance with point 1(a), (b) and (c) of Part III of Annex IV to this Regulation, or by another appropriate proof issued by the competent authority of the Member State of production testifying compliance with that requirement.

Where the butter has been produced in a Member State other than the one in which the storage contract is concluded, the Member State of production shall provide such assistance as may be requested by the Member State in which the contract is concluded in order to verify the origin of the product.

V.   Cheese

Aid shall only be granted for cheese benefiting from a protected designation of origin (PDO) or from a protected geographical indication (PGI) which on the day when the storage contract commences has a minimum age corresponding to the period of maturation laid down in the product specification referred to in Article 7 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (2) for that cheese as it will be marketed after the storage under contract increased by the maturing period beyond this period that contributes to increasing the value of the cheese.

Where a period of maturation is not laid down in the product specification referred to in Article 7 of Regulation (EU) No 1151/2012, the cheese shall on the day when the storage contract starts have a minimum age corresponding to any period of maturation that contributes to increasing the value of the cheese.

Furthermore, the cheese shall comply with the following requirements:

(a)

it is indelibly marked with an indication, which may be encoded, of the undertaking in which it was manufactured and with the date of manufacture;

(b)

it is stored as whole cheese in the Member State where the cheese is produced and in which it qualifies to bear the PDO or PGI under Regulation (EU) No 1151/2012; and

(c)

it has not been the subject of a previous storage contract.

The storekeeper shall keep a register in which the particulars referred to in point (a) of the third paragraph are entered on the date of entry into store.

VI.   Skimmed milk powder

Aid shall only be granted for skimmed milk powder:

(a)

which contains no more than 1,5 % fat and 5 % water and has a protein content of the non-fat dry matter of at least 34 %;

(b)

has been produced during the 60 days preceding the day of application or the day of submission of the tender;

(c)

which is stored in bags with a net weight of 25 kg or in ‘big bags’ weighing no more than 1 500 kg.

The bags shall show the net weight. In addition, the rules in points 2 and 3 of Part II of Annex V to Implementing Regulation (EU) 2016/1240 on the delivery and packaging of skimmed milk powder shall apply, with the exception of the obligation to indicate the term ‘spray skimmed milk powder’ on the bags.

Compliance with the origin requirement can be substantiated by proof that the skimmed milk powder was produced in an undertaking approved in accordance with point 1(a), (b) and (c) of Part III of Annex V to this Regulation, or by another appropriate proof issued by the competent authority of the Member State of production testifying compliance with that requirement.

Where the skimmed milk powder has been produced in a Member State other than the one in which the storage contract is concluded, the Member State of production shall provide such assistance as may be requested by the Member State in which the contract is concluded in order to verify the origin of the product.


(1)  Commission Regulation (EC) No 1249/2008 of 10 December 2008 laying down detailed rules on the implementation of the Community scales for the classification of beef, pig and sheep carcases and the reporting of prices thereof (OJ L 337, 16.12.2008, p. 3).

(2)  Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).


ANNEX VII

CONDITIONS APPLICABLE TO OPERATORS SUBMITTING A TENDER FOR AID FOR PRIVATE STORAGE OR AN APPLICATION FOR AID FOR PRIVATE STORAGE IN THE OLIVE OIL SECTOR

Olive oil operators shall fall into one of the following categories:

(a)

a producer organisation or an association of producer organisations that has been recognised under the national legislation in force of the Member State concerned;

(b)

a mill extracting olive oil that fulfils the requirements laid down by the Member State concerned;

(c)

an olive oil packaging firm that fulfils the requirements laid down by the Member State concerned.

If an olive oil operator fails to comply with the obligations set out in this Regulation or in Regulations (EU) No 1305/2013 of the European Parliament and of the Council (1), (EU) No 1307/2013 of the European Parliament and of the Council (2) or (EU) No 1308/2013, it shall not be eligible to submit a tender or an application for aid for private storage within 12 months from the date on which the reasons for such non-compliance have been remedied.

Such action shall not be taken in cases referred to in points (a) to (d) of Article 64(2) of Regulation (EU) No 1306/2013 or if the non-compliance was of a minor nature.


(1)  Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).

(2)  Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608).


30.7.2016   

EN

Official Journal of the European Union

L 206/44


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

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 178 and Article 223(3)(a), (b), and (c) thereof,

Whereas:

(1)

Regulation (EU) No 1308/2013 repealed and replaced Council Regulation (EC) No 1234/2007 (2) and lays down rules regarding import and export licences for agricultural products. It also empowers the Commission to adopt delegated and implementing acts in that respect. In order to ensure the smooth functioning of the system of import and export licences in the new legal framework, certain rules have to be adopted by means of such acts. As the aim of those acts is to simplify and adapt the provisions applicable to the system of import and export licences to the new legal framework established by Regulation (EU) No 1308/2013, Commission Delegated Regulation (EU) 2016/1237 (3) amends Commission Regulations (EC) No 2535/2001 (4), (EC) No 1342/2003 (5), (EC) No 2336/2003 (6), (EC) No 951/2006 (7), (EC) No 341/2007 (8) and (EC) No 382/2008 (9) and repeals Commission Regulations (EC) No 2390/98 (10), (EC) No 1345/2005 (11), (EC) No 376/2008 (12) and (EC) No 507/2008 (13).

(2)

With a view of sound and uniform administration of the licensing system it is appropriate to lay down common provisions as regards application for and issue of licences.

(3)

In order to unambiguously identify an applicant for a licence and a titular holder of a licence, the Economic Operators Registration and Identification (EORI) number should be used for this purpose.

(4)

It is necessary to establish the appropriate level of the security for the licences to be issued, so as to guarantee that the products will be imported or exported during the period of validity of the licence.

(5)

It should be possible to issue extracts of licences that have the same effect as the licences from which they are extracted, so that several operations can be carried out at the same time under one licence.

(6)

It is necessary to lay down periods of validity of the import and export licences. This validity can vary for specific products and has to be fixed in order to define when the obligation to export or import is to be fulfilled.

(7)

In view of international trade practice in respect of the agricultural products concerned, level of tolerances should be defined with regard to the quantity of products imported or exported as compared with the quantity indicated on the licence.

(8)

The import and export licence constitutes a right and give rise to an obligation to release for free circulation or to export. It is necessary to define when the undertaking to export or import is fulfilled and how to prove it.

(9)

It is appropriate to lay down provisions on the procedure to be followed when a licence is destroyed or lost.

(10)

In order to reduce the administrative burden in those cases where the amount of security required for a licence is relatively small, a threshold should be fixed under which no security is required.

(11)

In order to reduce the administrative burden it is appropriate to set out maximum quantities for specific products for which a licence is not required.

(12)

Action should be taken in cases where the obligation to import or export is not fulfilled, especially in cases of recognised force majeure. In such cases that obligation may be considered cancelled or the period of validity of the licence may be extended.

(13)

It is necessary to lay down some additional notification requirements for import licences for hemp, garlic and ethyl alcohol of agricultural origin in order to take into consideration the specificities of those sectors.

(14)

Taking into consideration the need of a smooth transition from the current rules to those being introduced by this Regulation, some transitional provisions should be adopted.

(15)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Definitions

For the purposes of this Regulation, the definitions of ‘declarant’ as set out in Article 5(15), and ‘risk management’ as set out in Article 5(25) of Regulation (EU) No 952/2013 of the European Parliament and of the Council (14) and of ‘exporter’ as set out in Article 1(19) of Commission Delegated Regulation (EU) 2015/2446 (15) shall apply. In addition, the definitions laid down in Article 1 of Delegated Regulation (EU) 2016/1237 shall apply.

Article 2

Application for and issue of licences

1.   Licences shall be applied for and issued via information technology application (‘IT applications’) respecting the integrity and quality standards as set out in Section 3 B of Annex I to Commission Delegated Regulation (EU) No 907/2014 (16).

Where no such IT applications are available or effective, and as fall-back for failure of IT applications, licences may also be applied for and issued, using a print of the model as set out in Annex I to this Regulation, and taking account of the instructions set out in that Annex.

2.   The names and addresses of the authorities competent for receiving the application and issuing the licence shall be published on the official website of those authorities, or on the official website dealing with agricultural trade of each Member State.

3.   Applications and licences shall be completed and issued in typed format in one of the official languages of the Union, as specified by the competent authorities of the issuing Member State.

4.   The competent authorities of the Member States may, where necessary, require that non-harmonised texts in applications for licences or accompanying documents be translated at the cost of the applicant into the official language or one of the official languages of the Member State concerned.

5.   The licence application shall be filled in in accordance with the purpose of the licence and as set out in the notice on import and export licences for agricultural products (17).

6.   The licence issuing authority shall not accept applications that are not in accordance with the relevant Union rules. It shall issue the licence without delay, using the accepted information as filled in by the applicant, and completing the information as set out in the notice on import and export licences for agricultural products. On paper copies the licence issuing authorities shall validate their issuing by signature and by means of a stamp, or an embossing press. Electronic copies shall be validated in accordance with the standards referred to in paragraph 1.

Article 3

Deadlines

1.   By way of derogation from Article 5 of Council Regulation (EEC, Euratom) No 1182/71 (18) the day an application for a licence is lodged shall be deemed to be the working day on which it is received by the licence issuing authority, provided that it has been received not later than 13.00 hours Brussels time.

An application received after 13.00 hours Brussels time on a working day shall be deemed to have been lodged on the first working day following the day on which it was actually received.

2.   A request for cancellation of an application for a licence may only be made in electronic or written form, to be received by the licence issuing authority by 13.00 hours Brussels time on the day the application is received.

3.   Where in this Regulation a period for procedures is set, and the opening or closing date is a Saturday, Sunday, or public holiday as defined in Regulation (EEC, Euratom) No 1182/71:

(a)

the applicable opening date shall be the following working day and shall start at 0.00 hours, taking account of official office opening hours;

(b)

by way of derogation from Article 3(2)(b) and 4 of that Regulation, the applicable closing date shall be the following working day and shall end at 13.00 hours Brussels time.

The first subparagraph shall apply to official national and regional holidays duly published by the Member State, as appropriate.

Article 4

Economic Operators Registration and Identification number

1.   The Economic Operators Registration and Identification number (‘EORI number’) assigned to the applicant, titular holder or transferee pursuant to Article 9 of Regulation (EU) No 952/2013 shall be inserted in Section 4 or, where applicable, Section 6 of the application and the licence.

Applicants or licence issuing authorities may, on the basis of national instructions, mention the EORI number of the applicant, titular holder or transferee in Section 20, provided that the name or identity number in Section 4 or 6 links to the EORI number in Section 20.

2.   Where products are declared for release for free circulation or export by a customs representative as referred to in Article 18 of Regulation (EU) No 952/2013, the EORI number of the titular holder or transferee shall be mentioned in the appropriate data element of the electronic customs declaration.

Article 5

Amount of the security

1.   Where a security is required in accordance with Article 4(1) of Delegated Regulation (EU) 2016/1237, the amount of the security shall be as set out in Annex II to this Regulation.

2.   Where the amounts resulting from the conversion of euro into sums in national currency to be entered on licences contain decimal places, the amount of the security shall be rounded to the first lower amount in whole national currency.

Article 6

Extracts

1.   Where the quantity indicated on a licence is to be subdivided for procedural or logistic reasons, or if the titular holder or transferee needs to use a licence issued in electronic format in one Member State, in another Member State not connected to the issuing Member States' IT applications, the licence issuing authority may, at the request of the titular holder or transferee, issue extracts from licences (‘extracts’).

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

3.   The procedures for the application for licences and the issuing and return thereof shall also apply to extracts. The licence issuing authority may provide for simplified application procedures.

4.   The licence issuing authority shall deduct the quantity indicated in the extract from the original licence quantity, where applicable increased by the tolerance, and the word ‘extract’ shall be entered on the original licence beside that deducted quantity.

5.   Extracts shall be issued without delay and at no additional cost, either in electronic format, or in printed format using the model set out in Annex I.

6.   No further extract may be made of an extract.

7.   The titular holder shall return the holder's copy of the extract which has been used or expired to the licence issuing authority, together with the titular holder's copy of the original licence.

Article 7

Period of validity

1.   For the products listed in Annex II, the period of validity of the licences shall be as set out in that Annex.

2.   A licence shall be valid from its actual day of issue as indicated in Section 25 of the import licence or Section 23 of the export licence as validated by the licence issuing authority's code or stamp. That day shall be included in the calculation of the period of validity of the licence.

If pursuant to specific legislation another starting date of the period of validity applies, the licence issuing authority shall additionally indicate that date preceded by the words ‘valid from’ in the boxes of the licences referred to in the first subparagraph.

Article 8

Tolerance and rounding

1.   The positive or negative tolerance referred to in Article 5(4) of Delegated Regulation (EU) 2016/1237 shall be no more than 5 %.

2.   When calculating quantities, the following rounding rules shall apply:

(a)

where the first decimal is five or more, the quantity shall be rounded up to the first higher unit of measurement referred to in Section 17 of the licence. Where the first decimal is less than five, the decimal quantity shall be deleted;

(b)

for headage-based quantities, quantities shall be rounded to the next greater whole number of head.

Article 9

Customs declaration

1.   The customs declaration shall refer to the licence or extract using a specific code and the licence issue number indicated in its Section 25 of the import licence or Section 23 of the export licence, as set out in Title II of Annex B to Commission Implementing Regulation (EU) 2015/2447 (19), or, where applicable, in accordance with Annex I, point 4, in Section 2.

2.   The IT applications of the licence issuing authority may provide direct access for the customs office to the electronic licence or extract. If direct access is not available, the declarant or the licence issuing authority shall send the licence or extract to the customs office in electronic format.

If the IT applications of the licence issuing authority or customs office are not suited for applying the first subparagraph, licences or extracts may be sent in paper format.

3.   The declarant shall submit the titular holder's copy of the paper licence or extract to the customs office, or hold it at the disposal of the customs authorities in accordance with Article 163 of Regulation (EU) No 952/2013.

Article 10

Attribution and endorsements

1.   The rules on the procedure for the issue of electronic licences shall designate the authority that is to indicate the quantity released for free circulation or exported on the licence, and specify how the declarant and the licence issuing authority get access to that information.

2.   On a paper licence, the customs office shall indicate and validate the quantity released for free circulation or exported, or if provided by national administrative rules, validate the quantity indicated by the declarant, in Sections 29 and 30 of the titular holder's copy, endorse it, and return that copy to the declarant, or, if specific legislation requires so, return that copy to the licence issuing authority.

3.   Where the quantity released for free circulation or exported does not correspond to the quantity indicated on the licence, customs shall correct the entry on the licence by indicating the actual quantity within the limits of the quantity available on the licence.

4.   If the space for making attributions on paper licences or extracts is not sufficient, the authorities may attach extension pages, validated through allongement stamping.

5.   The date of attribution shall be the date of acceptance of the declaration for release for free circulation or for export.

6.   Member States shall decide which authority carries out the functions referred to in this Article for electronic licences, and they shall publish that information on their public website.

Article 11

Transfer

In the event of a request for transfer by the titular holder, the transferee's data and the date of the relevant entry shall be entered on the licence in accordance with the notice for import and export licences for agricultural products. The transfer shall be validated by the licence issuing authority.

In the event of a transfer back to the titular holder, the licence issuing authority shall validate the transfer back and its date on the licence in accordance with the notice on import and export licences for agricultural products.

The transfer or transfer back shall take effect from the date of validation by the licence issuing authority.

Article 12

Deposit

1.   Member States may authorise the licence to be kept in deposit at the licence issuing authority, the paying agency or customs, or to stay available in the IT applications.

2.   The licence issuing authority shall determine the cases in which deposit of a licence at the authorities involved in the procedure for release for free circulation or for export shall apply, and the conditions to be met by the titular holder or transferee.

3.   Member States shall designate the authority involved in the system of deposit that is to carry out the functions referred to in Article 10 and they shall publish that information on their public website.

4.   In box 44 of the paper customs declaration or in the appropriate data element of the electronic customs declaration the declarant shall add the words ‘in deposit’ to the licence issuing number. For electronic licences Member States may waive this obligation or apply a special code for this purpose.

Article 13

Integrity and control of the licence, mutual assistance

1.   Entries made on licences or extracts may not be altered after their issue.

2.   Where a competent customs authority has a doubt on the accuracy of entries on the licence or extract, it shall return the licence or extract to the licence issuing authority. Where a licence issuing authority has a doubt on the accuracy of entries on the licence or extract, it shall return the licence or extract to the competent customs authority.

The first subparagraph shall not apply where it concerns minor or evident errors which the licence issuing authority or competent customs authority can remedy by applying the legislation correctly.

3.   If the licence issuing authority considers a correction necessary, it shall withdraw the licence or extract and shall issue a duly corrected licence or extract without delay.

4.   For electronic licences or extracts, the licence issuing authority shall validate the corrected version, which shall replace the original version. On paper licences or extracts, the licence issuing authority shall include the entry ‘licence corrected on …’ or ‘extract corrected on …’ Any former entries shall be reproduced on each copy.

5.   Where the licence issuing authority does not consider a correction necessary, it shall confirm this in the IT applications. For paper licences and extracts, the licence issuing authority shall mark its confirmation of correctness on the licence or extract by its endorsement ‘verified on date ….’ and put its stamp, initials and date, or apply a similar method.

6.   At the request of the licence issuing authority, the titular holder or transferee shall return the licence or extract.

Where on the basis of risk management there is a need to verify, or a doubt concerning the authenticity of a paper licence or extract, or entries or endorsements thereon, the authority concerned shall return the licence or extract, or a photocopy thereof, to the competent authorities responsible for checking.

The request for verification and the reply of the result shall be communicated by electronic means in accordance with Council Regulation (EC) No 515/97 (20) using the standard form as set out in the notice on import and export licences for agricultural products. Authorities may agree on further simplification including direct consultations using the customs office list (COL) published on the Commission's official web-site. (21)

The requested authority shall ensure that a reply to the requesting authority is sent within 20 calendar days when the authorities are established in the same Member State. Where different Member States are involved, the reply shall be sent within 60 calendar days.

7.   Where a licence or extract is returned, the competent authority shall on request give a receipt to the party concerned, or note and stamp a date of receipt on a photo-copy produced by the party concerned.

Article 14

Fulfilment of the obligation and proof

1.   The security for a licence shall be released if the obligations referred to in Article 24 of Delegated Regulation (EU) No 907/2014 and this Article have been fulfilled.

2.   The right to have the products released for free circulation or to export shall be considered to have been exercised, and the corresponding obligation shall be considered to have been fulfilled, on the day the relevant customs declaration is accepted within the period of validity of the licence and provided that:

(a)

in case of release for free circulation, the products are actually released for free circulation;

(b)

in case of export, the products have left the customs territory of the Union within 150 calendar days from the day of acceptance of the customs declaration.

3.   Proof of the fulfilment of the obligation to have the products released for free circulation shall be the titular holder's or transferee's copy of the licence or extract, duly endorsed by customs, or its electronic equivalent.

4.   Proof of the fulfilment of the obligation to export shall be:

(a)

the titular holder's or transferee's copy of the licence or extract, duly endorsed by customs, or its electronic equivalent; and

(b)

the exit certification by the customs office of export to the exporter or the declarant referred to in Article 334 of Implementing Regulation (EU) 2015/2447.

5.   The proof referred to in point (b) of paragraph 4 shall be provided and checked as follows:

(a)

the exporter or declarant referred to in point (b) of paragraph 4 shall transfer the exit certification to the titular holder, and the titular holder shall submit the proof in electronic format to the licence issuing authority. If the exit certification is annulled due to corrections by the customs office of exit, the customs office of export shall inform the exporter or his customs representative, and the exporter or his customs representative shall inform the titular holder, who shall inform the licence issuing authority accordingly;

(b)

the procedure set out in point (a) shall include submission of the Master Reference Number (MRN) concerned as defined in Article 1(22) of Delegated Regulation (EU) 2015/2446 to the licence issuing authority

if more than one Member State is involved in the export procedure, or

if the customs office of export is in another Member State than that of the licence issuing authority, or

if the MRN is used in the export procedure completed within the Member State where the export declaration was lodged;

(c)

the licence issuing authority shall check the information received, including the correctness of the date of exit of the customs territory of the Union, on the basis of risk management. If the MRN and the MRN databank (22) do not enable appropriate checks, customs shall, at the licence issuing authority's request and on the basis of the MRN concerned, either confirm or correct the date of exit.

If the customs office of export is established in another Member State than the licence issuing authority, the procedures set out in the second subparagraph of Article 13(6) apply mutatis mutandis.

Authorities may agree that the procedures set out in the first subparagraph are carried out directly between the authorities concerned. Licence issuing authorities may arrange simplified procedures for the purposes of point (a).

6.   The proof of having the products released for free circulation must be received by the licence issuing authority within 60 calendar days of the expiry of the period of validity of the licence.

The proof of export and exit of the customs territory of the Union must be received by the licence issuing authority within 180 calendar days after the expiry of the licence.

If the periods provided for in the first and second subparagraphs cannot be respected due to technical problems, the licence issuing authority may, at the request and proof of the titular holder, extend those periods, if necessary ex post, up to a maximum of 730 calendar days, taking account of Article 23(4) of Delegated Regulation (EU) No 907/2014.

7.   The licence issuing authorities may waive the obligation to provide the proof referred to in paragraphs 2, 3 and 4 if they are already in possession of the necessary information.

Article 15

Replacement and duplicate licences or extracts

1.   Where a paper licence or extract issued for products referred to in Article 2(1)(a) or (2)(a) of Delegated Regulation (EU) 2016/1237 is partly or totally destroyed, or lost, the titular holder or transferee may request the licence issuing authority to issue a replacement licence or extract. The replacement licence or extract substitutes the original licence or extract, including all rights and obligations concerned.

For replacement licences under this paragraph a security shall be lodged as set out in Article 5.

If the lost or partially destroyed original licence is found, the titular holder shall return the original licence to the licence issuing authority, who shall release the remaining security for the original licence forthwith.

2.   A replacement licence or extract may only be issued once and for the period of validity and the balance of quantity remaining available for the original licence or extract.

A replacement licence or extract shall not be issued where the issue of licences or extracts for the product in question is suspended or where it concerns an import or export tariff rate quota.

3.   The security for the replacement licence, together with the security for the original licence if it was not found, shall be released in accordance with Article 14.

4.   Where the request concerns a partly or totally destroyed licence or extract issued for products other than those referred to in Article 2(1)(a) and (2)(a) of Delegated Regulation (EU) 2016/1237, the following conditions shall apply:

(a)

the titular holder or transferee shall prove the total or partial destruction to the satisfaction of the licence issuing authority;

(b)

the replacement licence or extract shall not be issued if the titular holder or transferee has failed to show that he has taken reasonable precautions to prevent the destruction of the licence or extract, or where the evidence provided by the titular holder is unsatisfactory;

(c)

the security to be lodged for the replacement licence or extract shall be 150 % of the security for the original licence, with a minimum of 3 EUR per 100 kilograms or per hectolitre or head, taking account of the balance of the quantity remaining available at the moment of destruction, and of the positive tolerance, if applicable. The balance of security available for the original licence may be used when lodging the security for the replacement licence. Any excess of the security for the original licence compared to the security for the replacement licence, taking into account the remaining available quantity shall be released immediately.

5.   When replacement licences or extracts are issued, the licence issuing authority shall immediately notify the Commission of:

(a)

the licence issuing number of replacement licences or extracts issued and the licence issuing number of replaced licences or extracts;

(b)

the products concerned with their Combined Nomenclature code (‘CN code’) and their quantity.

The Commission shall inform the Member States thereof.

6.   Where a paper licence or extract is lost or destroyed, and the lost or destroyed document has been used wholly or in part, for the sole purpose of releasing the still outstanding security concerning the release for free circulation or export which were already registered on the original licence, the following conditions shall apply:

(a)

the titular holder or transferee may request the licence issuing authority to issue a duplicate licence or extract to be drawn up and endorsed in the same way as the original document. A duplicate licence or extract may only be issued once;

(b)

the licence issuing authority may supply the titular holder or transferee with a duplicate licence or extract, clearly marked ‘duplicate’ on each copy;

(c)

the duplicate licence or extract shall be presented to the customs authority competent for the declaration for release for free circulation, or export, where that declaration was accepted under the lost licence or extract. That customs authority shall make entries on and endorse the duplicate concerning the release for free circulation or export carried out under the original licence or extract.

Article 16

Force majeure

1.   The competent authority of the Member State that has issued the licence or extract may recognise a case of force majeure taking account of Article 50 of Commission Implementing Regulation (EU) No 908/2014 (23) and decide to:

(a)

either cancel the obligation to have the products and quantity indicated on the licence be released for free circulation or exported during the period of validity of the licence, as referred to in Article 14(1) of this Regulation, and release the security, or extend the period of validity of the licence by a period of maximum 180 days following the expiry of the original period of validity of the licence, taking account of the circumstances of the case; or

(b)

extend the period for the submission of the proof of release for free circulation or export as referred to in Article 14(6) of this Regulation, within the limits set by that provision, without partial forfeiture of the security.

A decision taken pursuant point (a) shall relate only to the quantity of products that could not be released for free circulation or exported as a result of force majeure.

2.   In their notification pursuant to Article 50(4) of Implementing Regulation (EU) No 908/2014, the competent authorities shall inform the Commission of the products concerned with their CN code and of the quantities involved and indicate whether it concerns release for free circulation or export and whether it concerns a cancellation of the licence or an extension of either the period of validity of the licence or the period for the submission of the proof of release for free circulation or export, specifying the new period. The Commission shall inform the other competent authorities thereof through its dedicated website accessible for licence issuing and customs authorities.

3.   If pending a decision on force majeure the titular holder or transferee expresses the need to further use the licence in relation to the quantity for which force majeure is not requested, the licence issuing authority shall issue an extract for that balance, marked with information as set out in the notice on import and export licences for agricultural products.

That extract shall not be transferable.

Article 17

Information and notifications relating to hemp

1.   For control purposes regarding the operations referred to in Article 9(4) of Delegated Regulation (EU) 2016/1237, where the operations are carried out in a Member State different from the one where the importer is authorised for importing hemp seeds other than for sowing, the authority having granted the authorisation shall send the competent authority of the other Member State copies of the documents concerning the operations carried out on the latter's territory and submitted by authorised importers.

Where irregularities are discovered during the checks referred to in the fourth subparagraph of Article 9(4) of Delegated Regulation (EU) 2016/1237, the competent authority of the Member State concerned shall inform the authority competent for granting the authorisation in the Member State where the importer concerned is authorised.

2.   Member States shall notify the Commission of the provisions adopted for the application of Article 9(1), (2), and (3), of Delegated Regulation (EU) 2016/1237 and of the first, second, and third subparagraphs of paragraph 4 of that Article.

No later than 31 January each year the competent authorities shall notify the Commission of the penalties imposed or steps taken as a result of irregularities discovered during the preceding marketing year.

The competent authorities shall send the Commission the names and addresses of the authorities responsible for the checks referred to in the fourth subparagraph of Article 9(4) of Delegated Regulation (EU) 2016/1237. The Commission shall forward those names and addresses to the competent authorities of the other Member States.

Article 18

Notifications relating to garlic

Member States shall notify the Commission of the total quantities covered by ‘B’ licence applications by Wednesday of each week in respect of applications received the previous week.

The quantities concerned shall be broken down by day of import licence application, origin and CN code. For products other than garlic as set out in Sections E and F of Annex II, the name of the product, as shown in Section 14 of the import licence application, shall also be communicated.

Article 19

Notifications relating to import licences for ethyl alcohol of agricultural origin

1.   Member States shall notify the Commission each Thursday, or the first working day thereafter if the Thursday is a public holiday, of the quantities of the products referred to in Section H of Part I of Annex II for which import licences have been issued during the previous week broken down by CN code and by country of origin.

2.   If a Member State considers that the quantities for which import licences have been requested in that Member State risk disturbing the market, that Member State shall immediately inform the Commission specifying the quantities by types of product concerned. The Commission shall examine the situation and shall inform the Member States thereof.

Article 20

Exchange of information and notifications to the Commission

1.   Where necessary for the proper application of this Regulation, the competent authorities shall exchange information on licences and extracts and on irregularities and infringements relating thereto.

2.   The competent authorities shall inform the Commission as soon as they have knowledge of irregularities and infringements with regard to this Regulation.

3.   Member States shall notify information on the Uniform Resource Locator (URL) of the web address of the authorities competent for receiving applications and issuing licences and extracts as referred to in Article 2(2) to the Commission, and shall keep that information updated and send it again when necessary. The Commission shall publish the URLs concerned on its public website.

4.   Member States shall notify the Commission of impressions of the official stamps and, where appropriate, of the embossing presses used by authorities. The Commission shall immediately inform the other Member States thereof on a secured website accessible only for Member States' authorities.

5.   The notifications to the Commission referred to in this Regulation shall be made in accordance with Commission Regulation (EC) No 792/2009 (24).

Article 21

Transitional provisions

1.   The competent authorities may continue using paper versions of the models provided for in Article 17 of Regulation (EC) No 376/2008 as set out in Annex I to that Regulation for applications and for issuing licences until existing stocks have been exhausted. In any case, applications and licences generated pursuant to Article 3(1) of this Regulation in another Member State in accordance with the model set out in Annex I to this Regulation shall be acceptable in any phase of the procedure.

2.   The proof of exit of the customs territory of the Union provided for in Article 14(4)(b) and (5) shall be accepted in all cases where such proof should have been produced using the T5 control copy as referred to in Article 912a-912g of Regulation (EEC) No 2454/93 (25).

Article 22

Entry into force and application

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

It shall apply from 6 November 2016.

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

Done at Brussels, 18 May 2016.

For the Commission

The President

Jean-Claude JUNCKER


(1)   OJ L 347, 20.12.2013, p. 671.

(2)  Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1).

(3)  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, amending Commission Regulations (EC) No 2535/2001, (EC) No 1342/2003, (EC) No 2336/2003, (EC) No 951/2006, (EC) No 341/2007 and (EC) No 382/2008 and repealing Commission Regulations (EC) No 2390/98, (EC) No 1345/2005, (EC) No 376/2008 and (EC) No 507/2008 (see page 1 of this Official Journal).

(4)  Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (OJ L 341, 22.12.2001, p. 29).

(5)  Commission Regulation (EC) No 1342/2003 of 28 July 2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (OJ L 189, 29.7.2003, p. 12).

(6)  Commission Regulation (EC) No 2336/2003 of 30 December 2003 introducing certain detailed rules for applying Council Regulation (EC) No 670/2003 laying down specific measures concerning the market in ethyl alcohol of agricultural origin (OJ L 346, 31.12.2003, p. 19).

(7)  Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (OJ L 178, 1.7.2006, p. 24).

(8)  Commission Regulation (EC) No 341/2007 of 29 March 2007 opening and providing for the administration of tariff quotas and introducing a system of import licences and certificates of origin for garlic and certain other agricultural products imported from third countries (OJ L 90, 30.3.2007, p. 12).

(9)  Commission Regulation (EC) No 382/2008 of 21 April 2008 on rules of application for import and export licences in the beef and veal sector (OJ L 115, 29.4.2008, p. 10).

(10)  Commission Regulation (EC) No 2390/98 of 5 November 1998 laying down detailed rules for the application of Council Regulation (EC) No 1706/98 as regards the arrangements for importing certain cereal substitute products and processed cereal and rice products originating in the African, Caribbean and Pacific States or in the overseas countries and territories and repealing Regulation (EEC) No 2245/90 (OJ L 297, 6.11.1998, p. 7).

(11)  Commission Regulation (EC) No 1345/2005 of 16 August 2005 laying down detailed rules for the application of the system of import licences for olive oil (OJ L 212, 17.8.2005, p. 13).

(12)  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 (OJ L 114, 26.4.2008, p. 3).

(13)  Commission Regulation (EC) No 507/2008 of 6 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre (OJ L 149, 7.6.2008, p. 38).

(14)  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).

(15)  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).

(16)  Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255, 28.8.2014, p. 18).

(17)  Notice on import and export licences (OJ C 278, 30.7.2016).

(18)  Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits (OJ L 124, 8.6.1971, p. 1).

(19)  Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

(20)  Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (OJ L 82, 22.3.1997, p. 1).

(21)  http://ec.europa.eu/taxation_customs/dds2/col/col_home.jsp?Lang=en&Screen=0

(22)  http://ec.europa.eu/taxation_customs/dds2/ecs/ecs_home.jsp?Lang=en

(23)  Commission Implementing Regulation (EU) No 908/2014 of 6 August 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency (OJ L 255, 28.8.2014, p. 59).

(24)  Commission Regulation (EC) No 792/2009 of 31 August 2009 laying down detailed rules for the Member States' notification to the Commission of information and documents in implementation of the common organisation of the markets, the direct payments' regime, the promotion of agricultural products and the regimes applicable to the outermost regions and the smaller Aegean islands (OJ L 228, 1.9.2009, p. 3).

(25)  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 (OJ L 253, 11.10.1993, p. 1).


ANNEX I

MODEL REFERRED TO IN ARTICLE 2(1)

INSTRUCTIONS FOR USE

1.

Licence 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, in that order.

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

2.

Where, as a result of a Union measure, the quantity for which the licence is issued may be less than the quantity in respect of which application for a licence was initially made, the quantity applied for and the amount of the security relating thereto must be entered only on the application form.

3.

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

4.

In Section 2 the Member State issuing the document shall be indicated using the corresponding country code. The licence issuing authority may add numbers identifying the document.

Member State

Country code

Belgium

BE

Bulgaria

BG

Czech Republic

CZ

Denmark

DK

Germany

DE

Estonia

EE

Ireland

IE

Greece

EL

Spain

ES

France

FR

Croatia

HR

Italy

IT

Cyprus

CY

Latvia

LV

Lithuania

LT

Luxembourg

LU

Hungary

HU

Malta

MT

Netherlands

NL

Austria

AT

Poland

PL

Portugal

PT

Romania

RO

Slovenia

SI

Slovakia

SK

Finland

FI

Sweden

SE

United Kingdom

UK

5.

At the time of their issue, licences and extracts may bear an issue number in Section 23 (export licence) or Section 25 (import licence) allocated by the licence issuing authority.

6.

Applications, licences and extracts shall be completed in typescript or by computerised means.

7.

The licence issuing authority may allow applications to be handwritten in ink and in block capitals.

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