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)

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. (¹);

(c) ‘instructions published in series C of the Official Journal of the European Union’ means the ‘Notice on the instructions on completing the ELAN1L-AGRIM and ELAN1L-AGREX data models’ (²) referred to in Article 1(1), point (j) of Implementing Regulation (EU) 2016/1239.

All definitions laid down in Article 3 of Commission Delegated Regulation (EU) 2025/1269 (³) and in Article 2 of Commission Implementing Regulation (EU) 2025/1272 (⁴) apply to this Regulation.

Article 2

Cases where a licence is required

An import licence is required 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.

An export licence is required 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 (⁵) and that are under the customs procedure of outward processing; (iii) products that are subject to the repayment or remission of the amount of import or export duty as set out in Section 3 of Chapter 3 of Title III of Regulation (EU) No 952/2013 of the European Parliament and of the Council (⁶) in respect of which a final decision has not yet been taken.

Article 3

Cases where a licence is not required

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 (⁷);

(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 (⁸);

(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.

Article 4

Security

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.

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.

Article 5

Rights and obligations, tolerance

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

(a) the titular holder of the licence corresponding to the information provided either in Section ‘Titular holder’ of the licence set out in Annex I.1 to Implementing Regulation (EU) 2016/1239 (‘titular holder’) or in accordance with the instructions published in series C of the Official Journal of the European Union. If, in accordance with the transitional rules laid down in Articles 21a to 21d of that Implementing Regulation, the licence is issued in accordance with the model set out in Annex I to that Implementing Regulation, the titular holder shall be indicated in Section 4 of the licence;

(b) the transferee corresponding to the information provided in Section ‘Transferee’ of the licence in accordance with Annex I.1 to Implementing Regulation (EU) 2016/1239. If, in accordance with the transitional rules laid down in Articles 21a to 21d of that Implementing Regulation the licence shall be issued in accordance with the model set out in Annex I to that Implementing Regulation, the transferee shall be indicated in Section 6 of the licence;

(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.

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

When a licence or its extract issued in accordance with Annex I.1 to Implementing Regulation (EU) 2016/1239 is transferred back to the titular holder, the titular holder can transfer it again in favour of another single transferee, within the limits of the quantity not yet attributed to the licence.

Article 7

Release and forfeit of securities

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.

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. When Member States make the replacement licences available in the electronic system for agricultural non-customs formalities (ELAN) governed by Delegated Regulation (EU) 2025/1269 and Implementing Regulation (EU) 2025/1272, they shall notify those replacement licences upon request of the Commission;

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

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

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

(e) as regards rice, the quantities referred to in Article 19a 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

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.

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.

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.

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

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);

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

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.

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
(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.

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

CN code	Description	Net quantities (1)
1701	All products imported under preferential conditions other than tariff quotas (2), (3)	(—)
(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) The import licence obligation applies until 30 September 2017. (3) 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). (—)  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 (1)
ex 1207 99 20	Seeds of varieties of hemp, for sowing	(2)	(—)
(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) No security is required. (—)  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 (1)
5302 10 00	True hemp, raw or retted	(2)	(—)
(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) No security is required. (—)  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)