Official Journal of the European Union L35/4
Modification of administrative purpose; deposit/advance payment and relevant conditions; and other conditions of licence
Commission Implementing Regulation (EU) No. 2020/761 lays down the rules for the management of import and export tariff quotas for agricultural products managed by a system of import and export licences and provides for specific rules.
Article 6(4) of Implementing Regulation (EU) No. 2020/761 provided, that if an applicant submits more applications for a tariff quota than the maximum number set out in Article 6(3) of that Implementing Regulation, all his applications are inadmissible, and the securities lodged forfeited. To avoid excessive punishment the possibility to forfeit the security is eliminated.
According to Article 9 of Implementing Regulation (EU) No. 2020/761, operators applying for licences for tariff rate quotas referred to in Article 4 of Commission Delegated Regulation (EU) No. 2020/760 are bound to lodge the relevant securities before the end of the application period. For licences not related to tariff quotas, instead, operators are to lodge the security on the day of application for a licence. This situation could create difficulties in the management of licences. To avoid any risks of mismanagement and abuse, national licence issuing authorities are given the possibility to set the deadline for lodging the securities for tariff quota licences.
Due to an excessive demand for volumes under the tariff quotas with order numbers 09.4268 and 09.4269, the rules on the registration in the Licence Operator Registration and Identification electronic system (LORI) and on the reference quantity now also apply to those tariff quotas. Moreover, the rules on proof of trade now apply only if the reference quantity requirement is suspended in accordance with Article 9(9) of Delegated Regulation (EU) No. 2020/760.
Due to difficulties with the full use of tariff quotas with order numbers 09.4225, 09.4226 and 09.4227, the requirement of a proof of trade in case of those quotas is lifted.
For clarity reasons the templates for IMA 1 certificates set out in Annex XIV.5 to Implementing Regulation (EU) No. 2020/761, Parts A.1 and A.2, now indicate – in box 16 – the number of the tariff rate quota to which the certificate refers. Moreover, to avoid any confusion with box 4, box 3 of the template of IMA 1 certificate for tariff quotas with order numbers 09.4195 and 09.4182 set out in Annex XIV.5, Part A.2, to that Implementing Regulation contains the name of the buyer instead of the number and the date of invoice.