World Trade Organization

Import Licensing Procedures

Commission Implementing Regulation (EU) No. 2023/1142 of 9 June 2023

Notifying member
European Union
Title
Commission Implementing Regulation (EU) No. 2023/1142 of 9 June 2023
First published
12/06/2020
First EIF
19/06/2023
Latest published
20/03/2023
In force to
Latest notification
G/LIC/N/2/EU/25
Product categories
List of products subject to licensing
Attachment
Comm Del Regulation No.761_2020 - Rules for application of Regulation No.1306 & 1308 & 510_17.12.2019.pdf Parliament Council Regulation No.1308_2013 - Agricultural Products_17.12.2013.pdf Comm Regulation No.1342_2003 - Special detailed rules application of system import and export licences cereals rice_28.07.2003.pdf Council Regulation No.1149_2002 - Opening autonomous quota imports of high-quality beef_27.06.2002.pdf
Nature of licensing
Administrative purpose/measure being implemented
Administrative body(ies) for submission of applications
Contact point for information on eligibility

Same as the "Administrative bodies"

Expected duration of licensing procedure
Found by secretariat
No
Links
Related document symbols
  • G/LIC/N/2/EU/9
  • G/LIC/N/2/EU/13
  • G/LIC/N/2/EU/15
  • G/LIC/N/2/EU/16
  • G/LIC/N/2/EU/17
  • G/LIC/N/2/EU/18
  • G/LIC/N/2/EU/19
  • G/LIC/N/2/EU/20
  • G/LIC/N/2/EU/21
  • G/LIC/N/2/EU/22
  • G/LIC/N/2/EU/23
  • G/LIC/N/2/EU/25
Source

EUR-Lex - Official Journal of the European Union (europa.eu)

Notes

  • Laying down rules for the application of Regulations (EU) No.1306/2013, (EU) No.1308/2013 and (EU) No.510/2014 as regards the management system of tariff quotas with licences

    Amended by Commission Implementing Regulation (EU) 2021/760, Commission Implementing Regulation (EU) 2021/254, Commission Implementing Regulation (EU) 2021/1406 and Commission Implementing Regulation (EU) 2021/1401, Commission Implementing Regulation (EU) No.2022/64, Commission Implementing Regulation (EU) No.2022/663, Commission Implementing Regulation (EU) No.2022/739


  • G/LIC/N/2/EU/9


    Two new regulations in the agricultural sector:

    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.


    2. 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.


    A detailed description of the changes that will be introduced by these regulations comparing to the current system is presented in the 2016 EU annual notification submitted in accordance with Article 7.3 of the Import Licensing Agreement.


    The aim of Regulation (EU) 2016/1239 is to simplify and adapt the provisions applicable to the system of import licenses to the legal framework set by Regulation (EU) No1308/2013:


    - Reduction of the number of products subject to an import licence;

    - Priority for electronic application and issuing procedures; paper copies as second option;

    - Using electronic customs procedures for proof of release for free circulation;

    Absorbing existing specific rules on hemp and garlic.


    After the entry into force of these regulation, the agricultural products subject to an import licence will be (specific products as laid down in Annex II, Part I of Reg. 1308/2013): A. Rice;

    B. Sugar until 30.09.2017

    C, D and G. Hemp seeds for sowing, raw hemp, hemp seeds not for sowing;

    E. and F. Garlic until 30.9.2017;

    H. Ethyl alcohol of agricultural origin.


    For details please see Annex I to Delegated Regulation (EU) 2016/1237.


    Changes, compared with the legal basis currently in force (Regulation (EC) No 376/2008, Annex I), concern the abolition of an import licence for Wheat; Spelt; Barley; Maize; Sorghum; Wheat or Spelt Flour; Residues of processing starch, brewing or distilling, citrus, and feed preparations; Olive oil and table olives; Beef and Veal; Milk and Milk products. For details please see Annex I to Commission Regulation (EC) No 376/2008.


    Commission delegated Regulation (EU) 2016/1237 amending Commission Regulation (EC) No 1342/2003 Laying down special detailed rules for the application of the system of import and export licences for cereals and rice


    Official Journal of the European Union, L 189/12, 29.7.2003

    https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02003R1342-20161106


    Date of publication 28/07/2003; Date of entry into force 18/08/2003


  • G/LIC/N/2/EU/13


    Commission Delegated Regulation (EU) 2020/760 of 17 December 2019 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the rules for the administration of import and export tariff quotas subject to licences and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the lodging of securities in the administration of tariff quotas.


    Commission Implementing Regulation (EU) 2020/761 of 17 December 2019 laying down rules for the application of Regulations (EU) No 1306/2013, (EU) No 1308/2013 and (EU) No 510/2014 of the European Parliament and of the Council as regards the management system of tariff quotas with licences.


    These Regulations entered into force on 19/06/2020. The Regulations will be applied to the tariff quota periods starting from 1 January 2021 onwards.


    Specific rules on agricultural tariff rate quotas managed by licenses were laid down in more than 30 Commission Regulations.


    These 2 new Regulations unify and simplify these rules in a single delegated and implementing act. Common horizontal rules will be applied on the majority of tariff quotas on agricultural products (meat (beef, swine, poultry) and processed meat (swine, poultry), milk and milk products, butter, cheese, eggs and egg albumin, cereals (wheat, barley, maize, sorghum), rice, sugar, garlic, olive oil, preserved mushrooms). Specific provisions are kept when required by international agreements or by certain specificities of the product/quota.


    In particular, the Regulations lay down rules that:




    • Set a series of conditions and eligibility requirements that an operator has to fulfil to submit an application for a tariff quota (e.g. for all tariff quotas an operator should be established and registered for VAT purposes in the EU; for certain tariff quotas the operator shall provide a “proof of trade”…)




    • Set horizontal administrative rules concerning the application for licences and issuing of licences (timeframe, information to be included in the licence application and in the licence, inadmissibility of an application, notifications to the operators…)




    • Set horizontal rules for the maximum quantities that can be applied for




    • Set horizontal rules on the transferability of the licences




    • Set horizontal rules on the validity of licences




    • Update the references to certain customs documents to be provided when importing, to make them in line with the recent developments in the customs legislation (e.g. certain forms needed to prove the origin of the products)




    • Set up an electronic management system for the management of Certificate of Authenticity and Inward Monitoring Certificate IMA1, which will be made available to the concerned Third countries.


      Commission Delegated Regulation (EU) 2020/760 of 17 December 2019 supplementing Regulation (EU) No. 1308/2013 of the European Parliament and of the Council as regards the rules for the administration of import and export tariff quotas subject to licences and supplementing Regulation (EU) No. 1306/2013 of the European Parliament and of the Council as regards the lodging of securities in the administration of tariff quotas (0.J. L 185, 12.06.2021, p.1). It can be consulted at the following address: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32020R0760.




  • G/LIC/N/2/EU/15

    Commission Implementing Regulation (EU) 2021/760 of 7 May 2021     amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 as regards the management system of some tariff quotas with licences and repealing Implementing Regulation (EU) 2020/991 This Regulation entered into force on 11 May 2021. Provisions on EU agricultural import tariff quota shall apply from the beginning of the ongoing tariff quota periods or as from the first licence application period following the entry into force of this Regulation.

    This regulation updates some specific provisions related to the administrative processing of licenses on the notification by the EU Member States to the European Commission, the impact of the withdrawal of the United Kingdom on certain global quotas (erga omnes).


    Essentially:

    the harmonisation of information on the indication on the licence of country of origin of goods, including on the exclusion of products originating the United Kingdom, the update of specific rules applicable to import tariff quotas managed with documents issued by the exporting countries, including certificates CA and IMA 1.


  • G/LIC/N/2/EU/16

    Commission Implementing Regulation (EU) 2021/254 of 18 February 2021     amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 and Regulations (EC) No 218/2007 and (EC) No 1518/2007 as regards imports of products originating in the United Kingdom and excluding those products from the tariff quotas with ongoing quota periods This Regulation entered into force on 18 February 2021. It applies as from 1 January 2021.


    Article GOODS.18 of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2020:444:TOC, provisionally applied since 1 January 2021), provides that products originating in one party shall not be eligible to be imported into the other party under existing WTO Tariff Rate Quotas.

    As a follow up, Commission Implementing Regulation (EU) 2021/254 addresses imports of products originating in the United Kingdom and excluding those products from EU tariff quotas.


  • G/LIC/N/2/EU/17

    Commission Implementing Regulation (EU) 2021/1406 of 26 August 2021     amending Implementing Regulations (EU) 2020/761 and applicable to certain import tariff quotas for poultry meat and amending Implementing Regulation (EU) 2020/761 with regard to the quantities of cheese available for export licences to the USA This Regulation entered into force on 27 August 2021. It applied on 1 June 2021.

    To ensure a smooth flow of goods at the level of customs, a derogation concerning the certificate of origin, as modified by Commission Implementing Regulation (EU) 2021/760, should be provided for until 31 December 2021.


  • G/LIC/N/2/EU/18

    Commission Implementing Regulation (EU) 2021/1401 of 25 August 2021     amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 as regards the quantities that may be imported under certain tariff quotas This Regulation entered into force on 28 August 2021. Depending to the tariff quota concerned, it applies as from the first licence application period following the entry into force, or to the tariff quota periods starting after entry into force.


    The Agreement between the European Union and the Kingdom of Thailand relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom's withdrawal from the European Union, concluded by Council Decision (EU) 2021/1234 amends some tariff quotas with regard to the quantities of products to be imported from Thailand.


    The Agreement in the form of an Exchange of Letters between the European Union and the Argentine Republic pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom's withdrawal from the European Union, concluded by Council Decision (EU) 2021/1213, amends some tariff quotas with regard to the quantities of products to be imported from Argentina.


    The amendments made by those Agreements are reflected in Implementing Regulations (EU) 2020/761 on the management of import tariff quotas for agricultural products managed by a system of import licences.


  • G/LIC/N/2/EU/19

    Commission Implementing Regulation (EU) No. 2022/64 of 17 January 2022     amending Implementing Regulations (EU) No. 2020/761 and (EU) No. 2020/1988 as regards the management system of some tariff quotas and the quantities that may be imported under certain tariff quotas The Agreement in the form of an Exchange of Letters between the European Union and the Commonwealth of Australia pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom's withdrawal from the European Union, concluded by Council Decision (EU) No. 2021/2234 amends some tariff quotas with regard to the quantities of products to be imported from Australia.


    The Agreement in the form of an Exchange of Letters between the European Union and the Republic of Indonesia pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom's withdrawal from the European Union, concluded by Council Decision (EU) No. 2021/1197, amends some tariff quotas with regard to the quantities of products to be imported from Indonesia.


    The amendments made by those Agreements are reflected in Implementing Regulations (EU) No. 2020/761 and (EU) No. 2020/1988 as regards the management system of some tariff quotas and the quantities that may be imported under certain tariff quotas.


  • G/LIC/N/2/EU/20

    Commission Implementing Regulation (EU) No. 2022/663 of 21 April 2022     amending Implementing Regulation (EU) No. 2020/761 as regards the volume of the tariff rate quota for high-quality beef from Paraguay


    Following the withdrawal of the United Kingdom of Great Britain and Northern Ireland (the "United Kingdom") from the Union, the Union and the United Kingdom notified the other Members of the World Trade Organization (WTO) that their current market access levels will be maintained by apportioning the Union's tariff rate quotas between the Union and the United Kingdom. The methodology for that apportionment, as well as the EU-27 volumes, are laid down in Regulation (EU) No. 2019/216 of the European Parliament and of the Council.


    However, the Union's tariff rate quotas that are not part of the WTO schedule of the Union should not have been apportioned. Nevertheless, the import tariff quota of 1,000 tonnes, opened based on Council Regulation (EC) No. 1149/2002 and expressed in product weight, of high-quality fresh, chilled or frozen beef, which is not part of the WTO schedule of the Union, was incorrectly apportioned by Regulation (EU) No. 2019/216. Its volume was mistakenly reduced with application as of 1 January 2021.


    This Implementing Regulation therefore restores the original quantity of the tariff quota for high-quality beef from Paraguay with order number 09.4455 in Implementing Regulation (EU) No. 2020/761.


    Council Regulation (EC) No.1149/2002 opening an autonomous quota for imports of high-quality beef http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1406122170876&uri=CELEX:32002R1149


    Official Journal of the European Union, L 170/13


    Amended by Commission Implementing Regulation (EU) No. 2022/663


    Date of publication 27/06/2002; Date of entry into force 29/06/2022


  • G/LIC/N/2/EU/21

    Commission Implementing Regulation (EU) No. 2022/739 of 13 May 2022     amending Implementing Regulation (EU) No. 2020/761 as regards the management of certain tariff quotas for importing poultry and of a tariff quota for exporting milk powder to the Dominican Republic Article 55 of Implementing Regulation (EU) No. 2020/761 opens a tariff quota for exports to the Dominican Republic of milk powder of EU origin. The quota is opened for all the products falling under CN codes 0402 10, 0402 21 and 0402 29. This export quota covers 13 CN codes.


    In order to facilitate these exports of milk powder to the Dominican Republic, Implementing Regulation (EU) No. 2022/739 amends the Implementing Regulation (EU) No. 2020/761, making the export licence valid for all products falling under the CN codes covered by this quota irrespectively of the CN codes explicitly mentioned in the application.


    Article 9(6) of Delegated Regulation (EU) No. 2020/760 provides that, for the groups of tariff quotas for poultry under order numbers 09.4211, 09.4212, 09.4213 and 09.4290, the reference quantity is to be calculated by cumulating the quantities of products released for free circulation in the Union, which fall within each of the quota order numbers of the group.


    In order to simplify the calculation of the reference quantity, Implementing Regulation (EU) No. 2022/739 amends the Implementing Regulation (EU) No. 2020/761, dividing the quota periods for order numbers 09.4213 and 09.4290 into the same sub-periods as those laid down for order numbers 09.4211 and 09.4212.


  • G/LIC/N/2/EU/22

    Commission Implementing Regulation (EU) No.2023/254 of 6 February 2023 amending Implementing Regulation (EU) No. 2020/761 as regards certain technical rules on the management of tariff rate quotas


    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.


  • G/LIC/N/2/EU/23

    Commission Implementing Regulation (EU) No. 2023/608 of 17 March 2023 amending Implementing Regulations (EU) No. 2020/761 and (EU) No. 2020/1988 as regards the management system of some tariff quotas following the agreement between the European Union and New Zealand as a consequence of the United Kingdom's withdrawal from the European Union Modification of product coverage; change the nature of quantity/value restriction; and documentation requirements (including application form)


    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.


    The Agreement in the form of an Exchange of Letters between the European Union and New Zealand pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff rate quotas included in the EU schedule CLXXV as a consequence of the United Kingdom's withdrawal from the European Union, concluded by Council Decision (EU) No. 2022/2524, amends the conditions applicable to imports from New Zealand under certain tariff quotas. In particular, it amends the quantities of tariff quotas with order numbers 09.0147, 09.2013, 09.2109, 09.2110 and 09.4454. Moreover, it modifies the product description and CN codes of tariff quotas with order numbers 09.4182, 09.4195 and 09.4514, and repeals the rules on the monitoring of the weight and fat content of butter originating in New Zealand.


    The new rules on monitoring of the weight and content of butter should be reflected in Parts A1 to A6 of Part A of Annex XIV.5 to Implementing Regulation (EU) No. 2020/761, and in particular in the templates for the IMA1 certificates for tariff quotas with order numbers 09.4182, 09.4195, 09.4514, 09.4515, 09.4521, and 09.4522.


    The amendments made by that Agreement should be reflected in Annexes to Implementing Regulations (EU) No. 2020/761 and (EU) No. 2020/1988. The amendments to Implementing Regulation (EU) No. 2020/761 should apply as of the entry into force of this Regulation. However, the additional quantity for high quality beef under tariff quota 09.4454 should be made available as of the tariff quota period starting on 1 July 2023. Moreover, the amendments to the product description and CN codes for tariff quotas 09.4182, 09.4195 and 09.4514 should apply on the first day after the 90-day period following the publication of this Regulation.


  • 15. In the case of 7(b), please indicate the type of new change(s)


    Modification: Change the nature of quantity/value restriction


    The Agreement between the European Union and the United States of America pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom's withdrawal from the European Union, concluded by Council Decision (EU) No. 2023/912 (4), amends the quantities of products to be imported under some tariff quotas opened in favour of the United States and some tariff quotas opened for all other countries. The tariff quotas with following order numbers are concerned: 09.0035, 09.0040, 09.0041, 09.0055, 09.0056, 09.0059, 09.0070, 09.0073, 09.0083, 09.0089, 09.0093, 09.0094, 09.0123, 09.0147, 09.4002, 09.4038, 09.4116, 09.4123, 09.4127 and 09.4170.