Implementing regulation 2016/1239 - Rules for the application of Regulation 1308/2013 with regard to the system of import and export licences - Main contents
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official title
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| Legal instrument | Implementing regulation |
|---|---|
| Number legal act | Implementing regulation 2016/1239 |
| CELEX number i | 32016R1239 |
| Document | 18-05-2016; Date of adoption |
|---|---|
| Publication in Official Journal | 30-07-2016; OJ L 206 p. 44-70 |
| Effect | 06-08-2016; Entry into force Date pub. +7 See Art 22 06-11-2016; Application See Art 22 |
| End of validity | 31-12-9999 |
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Regulation (EU) No 1308/2013 repealed and replaced Council Regulation (EC) No 1234/2007 (2) and lays down rules regarding import and export licences for agricultural products.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... |
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