Commission Regulation (EC) No 514/2008 of 9 June 2008 amending Regulation (EC) No 376/2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products, as well as Regulations (EC) No 1439/95, (EC) No 245/2001, (EC) No 2535/2001, (EC) No 1342/2003, (EC) No 2336/2003, (EC) No 1345/2005, (EC) No 2014/2005, (EC) No 951/2006, (EC) No 1918/2006, (EC) No 341/2007 (EC) No 1002/2007, (EC) No 1580/2007 and (EC) No 382/2008 and repealing Regulation (EEC) No 1119/79

1 Subject to certain exceptions laid down in Community rules specific to certain products, in particular for products referred to in Council Regulation (EC) No 3448/93 and its implementing rules, this Regulation lays down common rules for implementing the system of import and export licences and advance fixing certificates (hereinafter referred to respectively as “licences” and “certificates”) provided for in Part III, Chapters II and III, of Council Regulation (EC) No 1234/2007 and in Council Regulation (EC) No 1493/1999 or established in this Regulation.

2 A licence or a certificate shall be presented for the following products: (a) in case of import, when the products are declared for free circulation: (i) products listed in Annex II, Part I, imported under all conditions, other than tariff quotas, save as otherwise provided therein; (ii) products imported under tariff quotas administered by other methods than a method based on the chronological order of the lodging of applications, according to “first come first served” principle, in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93 ; (iii) products imported under tariff quotas administered by a method based on the chronological order of the lodging of applications in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93, specifically mentioned in Annex II, Part I, to this Regulation; (b) in case of export: (i) products listed in Annex II, Part II; (ii) products referred to in Article 162(1) of Regulation (EC) No 1234/2007 for which an export refund has been fixed, including at an amount of zero or an export tax has been fixed; (iii) products exported under quotas or for which an export licence needs to be presented for admission under a quota administered by a third country opened in that country for Community products imported.

3 For products referred to in paragraphs 2(a)(i), 2(a)(iii) and 2(b)(i), the amount of the security and the period of validity as set out in Annex II shall apply. For products referred to in paragraphs 2(a)(ii), 2(b)(ii) and 2(b)(iii), specific implementing rules related to the period of validity and the amount of the security laid down in Community rules specific to those products shall apply.

4 For the purposes of the system of export licences and advance fixing certificates referred to in paragraph 1, when a refund has been fixed for products not listed in Annex II, Part II and an operator does not apply for the refund that operator shall not be required to present a licence or certificate for the export of the products concerned.

1 This Regulation lays down specific detailed rules for the application of the system of import and export licences and advance fixing certificates implemented by Commission Regulation (EC) No 376/2008 for the products listed in Parts XVIII of Annex I to Council Regulation (EC) No 1234/2007 .

2 Regulation (EC) No 376/2008 and Commission Regulation (EC) No 1301/2006 shall apply, save as otherwise provided in this Regulation.

1 The products for which a licence shall be presented are laid down in Article 1(2) of Regulation (EC) No 376/2008.

2 Title II of this Regulation shall apply to imports of any of the products listed in Part XVIII of Annex I to Council Regulation (EC) No 1234/2007 imported under tariff quotas administered by other methods than a method based on the chronological order of the lodging of applications, in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93 .

Regulation (EC) No 245/2001 is amended as follows: In Article 17a(1), the following subparagraph is added: ‘For the products listed in Part I, Sections D, F and L of Annex II to Regulation (EC) No 376/2008 , the period of validity of the import licence shall be as set out in those sections.

The products for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 . The period of validity of the import licence and the amount of the security to be lodged shall be as set out in Annex II, Part I, to that Regulation, without prejudice to Article 24(3) and (4) of this Regulation. Regulation (EC) No 376/2008 and Commission Regulation (EC) No 1301/2006 shall apply, save as otherwise provided in this Regulation.

1 This Regulation lays down specific detailed rules for the application of the system of import and export licences and advance fixing certificates implemented by Commission Regulation (EC) No 376/2008 for the products listed in Parts I and II of Annex I to Council Regulation (EC) No 1234/2007 .

2 Regulation (EC) No 376/2008 and Commission Regulations (EC) No 1301/2006 and (EC) No 1454/2007 shall apply, save as otherwise provided in this Regulation.

1 The period of validity of the import and export licence shall be as follows: (a) for products listed in Annex II to Regulation (EC) No 376/2008 other than those referred to in points (b) and (c) of this paragraph: as set out in that Annex; (b) save as otherwise provided, for products imported or exported under tariff quotas administered by other methods than a method based on the chronological order of the lodging of applications in accordance with articles 308a, 308b and 308c of Commission Regulation (EC) No 2454/93 (first come first served principle): from the actual day of issue of the licence, in accordance with Article 22(2) of Regulation (EC) No 376/2008, until the end of the second month following the month of that day; (c) for products exported for which a refund has been fixed and for products for which, on the day of submission of the licence application, an export tax has been fixed: from the day of issue of the licence, in accordance with Article 22(1) of Regulation (EC) No 376/2008, until the end of the fourth month following the month of that day.

2 By way of derogation from paragraph 1, the validity of export licences for products referred to in Part II Section A of Annex II to Regulation (EC) No 376/2008, for which no refund has been fixed or for which an advance fixed refund has not been fixed, shall expire the sixtieth day following the day of issue of the licence, in accordance with Article 22(1) of that Regulation.

3 By way of derogation from paragraph 1, the validity of export licences for which a refund has been fixed for products falling within CN codes 170230, 170240, 170290 and 210690, shall expire not later than: (a) 30 June for applications submitted until 31 May of each marketing year; (b) 30 September for applications submitted from 1 June of a marketing year until 31 August of the following marketing year; (c) 30 days from the day of issue of the licence for applications submitted from 1 September to 30 September of the same marketing year.

4 By way of derogation from paragraph 1, at the request of the operator, the validity of export licences for which a refund has been fixed for products falling within CN codes 11071019, 11071099 and 11072000 shall expire not later than: (a) 30 September of the current calendar year, for licences issued from 1 January to 30 April; (b) the end of the 11th month following that of issue, for licences issued from 1 July to 31 October; (c) 30 September of the following calendar year, for licences issued from 1 November to 31 December.

5 Section 22 of the licences issued as provided for in paragraphs 2, 3 and 4 shall contain one of the entries set out in Annex X.

6 Where a special term of validity is laid down for import licences for imports originating in and coming from certain third countries, sections 7 and 8 of the licence applications and of the licences themselves shall state the country or countries of provenance and of origin. Licences shall entail an obligation to import from that country or those countries.

7 By way of derogation from Article 8(1) of Regulation (EC) No 376/2008, rights deriving from licences referred to in paragraphs 1(b) and 4 of this Article shall not be transferable.

1 Export licences for products for which a refund or a tax has been fixed shall be issued on the third working day following that on which the application was lodged provided that no specific action as indicated in Article 9 of this Regulation, in Article 15 of Regulation (EC) No 1501/1995 or in Article 5 of Commission Regulation (EC) No 1518/1995 has been in the meantime taken by the Commission and provided that the quantity for which licences have been applied for have been notified in accordance with Article 16(1)(a) of this Regulation. The first subparagraph shall not apply to licences issued in connection with invitations to tender or to the licences referred to in Article 15 of Regulation (EC) No 376/2008 that are issued for the purpose of a food aid operation within the meaning of Article 10(4) of the Agreement on Agriculture concluded as part of the Uruguay Round of multilateral trade negotiations . Those export licences shall be issued on the first working day following the day of acceptation of the tender.

2 Export licences for products for which a refund or a tax has not been fixed shall be issued on the day of submission of the application.

1 The Commission may decide the following: (a) to set an acceptance percentage for the quantities applied for but for which licences have not yet been issued; (b) to reject applications for which export licences have not yet been issued; (c) to suspend lodging of licence applications for a maximum of five working days. The suspension referred to in point (c) of the first subparagraph may be set for a longer period in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.

2 Should the quantities applied for be reduced or refused, the security for the licence shall be immediately released for the quantities not granted.

3 Applicants may withdraw their licence applications within three working days of publication in the Official Journal of the European Union of an acceptance percentage as indicated in point (a) of paragraph 1 if it is less than 80 %. Member States shall thereupon release the security.

4 Actions taken on the basis of paragraph 1 shall not apply to exports carried out to implement Community and national food aid measures provided for under international agreements or other supplementary programmes, or to implement other Community free supply measures.’

The security referred to in Article 14(2) of Regulation (EC) No 376/2008 to be lodged in accordance with Title III of Commission Regulation (EEC) No 2220/85 shall be as follows: (a) for products listed in Annex II to Regulation (EC) No 376/2008 other than those referred to in points (b) and (c) of this paragraph: as set out in that Annex; (b) save as otherwise provided, for products imported or exported under tariff quotas: (i) 30 euros per tonne for products imported; (ii) 3 euros per tonne for the products exported without refund; (c) for products exported for which a refund has been fixed or for licences in respect of products for which, on the day of submission of the licence application, an export tax has been fixed: (i) 20 euros per tonne for the products falling within CN codes 110220, 110313, and 11041950, 11042310, 1108, 1702, and 2106; (ii) 10 euros per tonne for the other products.

‘1 The products for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 . The period of validity of the import licence and the amount of the security to be lodged in accordance with Title III of Commission Regulation (EEC) No 2220/85 shall be as set out in Annex II, Part I, to Regulation (EC) No 376/2008.

‘2 The imports of products falling within CN codes 07099039, 07112090 and 23069019 for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 . The period of validity of the import licence and the amount of the security to be lodged shall be as set out in Annex II, Part I, to that Regulation.

1 The imports of bananas falling within CN code 08030019 at the common customs tariff rate of duty for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 . Licences shall be issued by the Member States to any party applying therefore, irrespective of their place of establishment in the Community.

2 Import licence applications shall be lodged in any Member State.

3 The period of validity of the import licence and the amount of the security to be lodged in accordance with Title III of Commission Regulation (EEC) No 2220/85 shall be as set out in Annex II, Part I, to Regulation (EC) No 376/2008. However, no licences shall be valid after 31 December of the year of issue.

4 Save in the case of force majeure, the security shall be forfeit in whole or in part if the operation has not been performed or has been performed only partially during that period.

5 Notwithstanding Article 34(4) of Regulation (EC) No 376/2008, proof of use of the import licence as referred to in Article 32(1)(a) of that Regulation shall be supplied, except in cases of force majeure, within 30 days following the date of expiry of the period of validity of the licence.

‘1 The products for which an export licence shall be presented are laid down in Article 1(2)(b) of Commission Regulation (EC) No 376/2008 . The period of validity of the export licence and the amount of the security to be lodged shall be as set out in Annex II, Part II, to that Regulation and shall apply to all cases referred to in Article 1(2)(b) of that Regulation.

The products for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008. The period of validity of the import licence and the amount of the security to be lodged shall be as set out in Annex II, Part I, to that Regulation and shall apply to all cases referred to in Article 1(2)(a) of that Regulation.’

‘4 The import licence shall be valid 60 days from the actual day of its issue, in accordance with Article 22(2) of Regulation (EC) No 376/2008 , and the amount of the security shall be EUR 15 per 100 kg net.

‘1 The products for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 . The period of validity of the import licence and the amount of the security to be lodged shall be as set out in Annex II, Part I, to that Regulation.

‘2 Article 6(3) and (4) shall apply mutatis mutandis to “B” licences.’

Regulation (EC) No 1002/2007 is amended as follows: In Article 3, the second subparagraph of paragraph 2 is replaced by the following: ‘However, the security for products falling within CN codes 100620 and 100630 may not be less than the one provided for in Article 12(b)(i) of Regulation (EC) No 1342/2003.’

‘1 The imports of apples falling within CN codes 08081080 for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008

‘4 Importers shall lodge with their application a security in accordance with Title III of Regulation (EEC) No 2220/85 guaranteeing compliance with the commitment to import during the term of validity of the import licence. Except in cases of force majeure, the security shall be forfeited in whole or in part if the import is not carried out, or is carried out only partially, within the period of validity of the import licence. The period of validity of the import licence and the amount of the security shall be as set out in Annex II, Part I, to Regulation (EC) No 376/2008.’

‘6 Import licences shall be valid only for imports originating in the country indicated.’

‘1 The products for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 . The period of validity of the import licence and the amount of the security to be lodged shall be as set out in Annex II, Part I, to that Regulation.

‘3 In the case of imports under an import tariff quota the following provisions shall apply: (a) no application for a licence or certificate shall be accepted unless a security of 5 euros per head of live animals and 12 euros per 100 kilograms net weight for other product has been lodged with the competent body not later than 1 p.m. on the day the application is lodged; (b) licences shall be valid from the actual day of issue within the meaning of Article 22(2) of Regulation (EC) No 376/2008 until the end of the third month following that day; (c) the body issuing the import licence shall indicate the order number for the quota in the Integrated Tariff of the European Communities (TARIC) in box 20 of the licence or extracts thereof.’

1 This Regulation does not affect the period of validity and the amount of the security of the licence applicable in the framework of tariff quota periods which have not expired on the date of application of this Regulation as provided in Article 17.

2 At the request of the interested parties, the securities lodged for the issuing of import and export licenses and advance-fixing certificates, shall be released, when the following conditions are met: (a) the validity of the licenses or certificates has not expired on the date referred to in paragraph 1; (b) the licenses or certificates are no longer required for the products concerned from the date referred to in paragraph 1; (c) the licenses or certificates have been used only partially or not at all on the date referred to in paragraph 1.

Regulation (EEC) No 1119/79 is repealed.

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union. However, it shall apply: (a) as regards the cereals, flax and hemp, olive oil, fruits and vegetables fresh or processed, seeds, beef and veal, sheepmeat and goatmeat, pig meat, milk and milk products, eggs, poultry meat, ethyl alcohol of agricultural origin and other product sectors, other than rice, sugar and wine sectors, from 1 July 2008; (b) as regards the wine sector, from 1 August 2008; (c) as regards the rice sector, from 1 September 2008; (d) as regards the sugar sector, from 1 October 2008.