Reform history

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)

4 versions · 2016-05-18
2025-07-11
the release and forfeit of securities lodged for such licences, amendin

Changes on 2025-07-11

@@ -14,13 +14,17 @@
(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. (<sup>1</sup>)
(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. (<sup>1</sup>);
(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’ (<sup>2</sup>) 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 (<sup>3</sup>) and in Article 2 of Commission Implementing Regulation (EU) 2025/1272 (<sup>4</sup>) apply to this Regulation.
#### Article 2
##### Cases where a licence is required
An import licence shall be presented for the following products:
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;
@@ -34,7 +38,7 @@
(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 shall be presented for the following products:
An export licence is required for the following products:
(a) products listed in Part II of the Annex;
@@ -42,8 +46,8 @@
(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 (<sup>2</sup>) 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 (<sup>3</sup>) in respect of which a final decision has not yet been taken.
(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 (<sup>5</sup>) 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 (<sup>6</sup>) in respect of which a final decision has not yet been taken.
#### Article 3
@@ -51,9 +55,9 @@
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 (<sup>4</sup>);
(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 (<sup>5</sup>);
(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 (<sup>7</sup>);
(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 (<sup>8</sup>);
(c) quantities of products to be released for free circulation or export not exceeding those set out in the Annex;
@@ -83,11 +87,11 @@
The customs declaration for release for free circulation or for export shall be lodged by:
(a) the titular holder of the licence mentioned in Section 4 of the licence of which a model is set out in Annex I to Implementing Regulation (EU) 2016/1239 (‘titular holder’);
(b) the transferee mentioned in Section 6 of the licence referred to in point (a); or
(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.
(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.
@@ -95,35 +99,35 @@
##### 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
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;
(b) cases of *force majeure* referred to in Article 16(3) of Implementing Regulation (EU) 2016/1239;
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 garlic, the quantities covered by ‘B’ licences referred to in Article 18 of Implementing Regulation (EU) 2016/1239;
(e) as regards ethyl alcohol, the import licences issued referred to in Article 19 of Implementing Regulation (EU) 2016/1239;
(ea) 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.
(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
@@ -133,15 +137,15 @@
##### 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.
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:
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;
(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.
@@ -157,10 +161,6 @@
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.
#### Article 10
##### Garlic
## CHAPTER III
### **AMENDMENTS, REPEAL, TRANSITIONAL AND FINAL PROVISIONS**
@@ -227,13 +227,13 @@
#### **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 (<sup>1</sup>) |
| --- | --- | --- |
| 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 |
A. **Rice**(Article 1(2)(b) and Part II of Annex I to Regulation (EU) No 1308/2013)
| CN code | Description | Net quantities (<sup>1</sup>) |
| --- | --- | --- |
| 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 |
| (<sup>1</sup>) 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)
@@ -241,16 +241,16 @@
| CN code | Description | Net quantities (<sup>1</sup>) |
| --- | --- | --- |
| 1701 | All products imported under preferential conditions other than tariff quotas (<sup>2</sup>), (<sup>3</sup>) | (—) |
| (<sup>1</sup>) 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. (<sup>2</sup>) The import licence obligation applies until 30 September 2017. (<sup>3</sup>) 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)
| (<sup>1</sup>) 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. (<sup>2</sup>) The import licence obligation applies until 30 September 2017. (<sup>3</sup>) 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 (<sup>1</sup>) |
| --- | --- | --- | --- |
| ex 1207 99 20 | Seeds of varieties of hemp, for sowing | (<sup>2</sup>) | (—) |
| (<sup>1</sup>) 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. (<sup>2</sup>) 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)
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 (<sup>1</sup>) |
| --- | --- | --- | --- |
@@ -265,13 +265,13 @@
| ex 0703 90 00 | Other alliaceous vegetables, fresh or chilled, including products imported under tariff quotas as referred to in Article 2(1)(c) (<sup>2</sup>) | (—) |
| (<sup>1</sup>) 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. (<sup>2</sup>) The import licence obligation applies until 30 September 2017. (—)  Licence required for any quantities. | | |
F. **Processed fruit and vegetable products** (Article 1(2)(j) and Part X of Annex I to Regulation (EU) No 1308/2013)
F. **Processed fruit and vegetable products**(Article 1(2)(j) and Part X of Annex I to Regulation (EU) No 1308/2013)
| CN code | Description | Net quantities (<sup>1</sup>) |
| --- | --- | --- |
| ex 0710 80 95 | Garlic (<sup>2</sup>) and *Allium ampeloprasum* (uncooked or cooked by steaming or boiling in water), frozen, including products imported under tariff quotas as referred to in Article 2(1)(c) (<sup>3</sup>) | (—) |
| ex 0710 90 00 | Mixtures of vegetables containing garlic (<sup>2</sup>) and/or *Allium ampeloprasum* (uncooked or cooked by steaming or boiling in water), frozen, including products imported under tariff quotas as referred to in Article 2(1)(c) (<sup>3</sup>) | (—) |
| ex 0711 90 80 | Garlic (<sup>2</sup>) and *Allium ampeloprasum* provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in this state for immediate consumption, including products imported under tariff quotas as referred to in Article 2(1)(c) (<sup>3</sup>) | (—) |
| ex 0711 90 80 | Garlic (<sup>2</sup>) and *Allium ampeloprasum* provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in this state for immediate consumption, including products imported under tariff quotas as referred to in Article 2(1)(c) (<sup>3</sup>) | (—) |
| ex 0711 90 90 | Mixtures of vegetables containing garlic (<sup>2</sup>) and/or *Allium ampeloprasum*, provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in this state for immediate consumption, including products imported under tariff quotas as referred to in Article 2(1)(c) (<sup>3</sup>) | (—) |
| ex 0712 90 90 | Dried garlic (<sup>2</sup>) and *Allium ampeloprasum* and mixtures of dried vegetables containing garlic (<sup>2</sup>) and/or *Allium ampeloprasum*, whole, cut, sliced, broken or in powder, but not further prepared, including products imported under tariff quotas as referred to in Article 2(1)(c) (<sup>3</sup>) | (—) |
| (<sup>1</sup>) 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. (<sup>2</sup>) This shall also include products where the word ‘garlic’ is only part of the description. Such terms may include, but are not limited to ‘solo garlic’, ‘elephant garlic’, ‘single clove garlic’ or ‘great-headed garlic’. (<sup>3</sup>) The import licence obligation applies until 30 September 2017. (—)  Licence required for any quantities. | | |
@@ -287,10 +287,10 @@
| CN code | Description | Net quantities (<sup>1</sup>) |
| --- | --- | --- |
| ex 2207 10 00 | Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher, obtained from the agricultural products listed in Annex I to the Treaty | 100 hl |
| ex 2207 10 00 | Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher, obtained from the agricultural products listed in Annex I to the Treaty | 100 hl |
| ex 2207 20 00 | Ethyl alcohol and other spirits, denatured, of any strength, obtained from the agricultural products listed in Annex I to the Treaty | 100 hl |
| ex 2208 90 91 | Undenatured ethyl alcohol of alcoholic strength by volume of less than 80 % vol., obtained from the agricultural products listed in Annex I to the Treaty | 100 hl |
| ex 2208 90 99 | Undenatured ethyl alcohol of alcoholic strength by volume of less than 80 % vol., obtained from the agricultural products listed in Annex I to the Treaty | 100 hl |
| ex 2208 90 91 | Undenatured ethyl alcohol of alcoholic strength by volume of less than 80 % vol., obtained from the agricultural products listed in Annex I to the Treaty | 100 hl |
| ex 2208 90 99 | Undenatured ethyl alcohol of alcoholic strength by volume of less than 80 % vol., obtained from the agricultural products listed in Annex I to the Treaty | 100 hl |
| (<sup>1</sup>) 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. | | |
### PART II
@@ -299,11 +299,11 @@
#### **List of products referred to in Article 2(2)(a)**
B. **Sugar** (Article 1(2)(c) and Part III of Annex I to Regulation (EU) No 1308/2013)
| CN code | Description | Net quantities (<sup>1</sup>) |
| --- | --- | --- |
| 1701 | Cane or beet sugar and chemically pure sucrose, in solid form (<sup>2</sup>) | 2 000  kg |
| 1702 60 95 1702 90 95 | Other sugars in solid form and sugar syrups, not containing added flavouring or colouring matter, but not including lactose, glucose, maltodextrine and isoglucose (<sup>2</sup>) | 2 000  kg |
| 2106 90 59 | Flavoured or coloured sugar syrups, other than isoglucose, lactose, glucose and maltodextrine syrups (<sup>2</sup>) | 2 000  kg |
B. **Sugar**(Article 1(2)(c) and Part III of Annex I to Regulation (EU) No 1308/2013)
| CN code | Description | Net quantities (<sup>1</sup>) |
| --- | --- | --- |
| 1701 | Cane or beet sugar and chemically pure sucrose, in solid form (<sup>2</sup>) | 2 000 kg |
| 1702 60 95 1702 90 95 | Other sugars in solid form and sugar syrups, not containing added flavouring or colouring matter, but not including lactose, glucose, maltodextrine and isoglucose (<sup>2</sup>) | 2 000 kg |
| 2106 90 59 | Flavoured or coloured sugar syrups, other than isoglucose, lactose, glucose and maltodextrine syrups (<sup>2</sup>) | 2 000 kg |
| (<sup>1</sup>) Maximum quantities for which no licence needs to be presented, in accordance with Article 3(1)(c). Not applicable for exports under preferential conditions or under a tariff quota administered by licences. (<sup>2</sup>) The export licence obligation applies until 30 September 2017. | | |
2025-04-07
the release and forfeit of securities lodged for such licences, amendin
2021-09-20
the release and forfeit of securities lodged for such licences, amendin
2017-10-29
the release and forfeit of securities lodged for such licences, amen
original version Text at this date