Commission Delegated Regulation (EU) 2025/1268 of 6 May 2025 amending Delegated Regulations (EU) 2016/1237 and (EU) 2020/760 as a consequence of the establishment of the Electronic system for Agricultural Non-customs formalities (ELAN)

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 Articles 177 and 186 thereof,

Whereas:

(1) Regulation (EU) 2022/2399 of the European Parliament and of the Council (2) establishes a European Union Single Window Environment for Customs (‘EU Single Window Environment for Customs’), which includes an electronic European Union Customs Single Window Certificates Exchange System (EU CSW-CERTEX), the national single window environments for customs, and various Union non-customs systems the use of which is either mandatory or voluntary under Union law.

(2) In order to optimise trade of agricultural products, all documents required in agricultural legislation for fulfilling non-customs formalities should be made available to the customs authorities of Member States in electronic form via the EU Single Window Environment for Customs.

(3) Commission Delegated Regulation (EU) 2025/1269 (3) and Commission Implementing Regulation (EU) 2025/1272 (4) establish an electronic system for agricultural non-customs formalities (‘ELAN’) to make the documents falling under its scope available in electronic form to customs authorities. The development and use of ELAN require the adoption of an adequate legal framework to lay down the rules applicable to the system.

(4) Commission Delegated Regulation (EU) 2016/1237 (5) lays down rules for applying the system of import and export licences for trade of agricultural products and Commission Delegated Regulation (EU) 2020/760 (6) lays down rules for the administration of import and export tariff rate quotas subject to licences. Those Delegated Regulations need to be amended so that the documents under their scope can be made available to the customs authorities of Member States in electronic form via the EU Single Window Environment for Customs.

(5) The electronic exchange of licences via ELAN and EU CSW-CERTEX requires to gradually replace the templates for import and export licences set out in Annex I to Commission Implementing Regulation (EU) 2016/1239 (7) with new data models designed for ELAN, called ELAN1L-AGRIM and ELAN1L-AGREX, that are to allow their use in electronic form via the communication between the national electronic systems, ELAN, and EU CSW-CERTEX. The competent issuing authorities should complete these data models in accordance with the rules laid down in that Implementing Regulation and the instructions published in series C of the Official Journal of the European Union.

(6) This Regulation should take into account that the use of ELAN is to become gradually mandatory in accordance with the dates of the transitional period laid down in Article 6 of Implementing Regulation (EU) 2025/1272. During the transitional period laid down in paragraphs 1 and 2 of that Article, licences may be based on the templates set out in Annex I to Implementing Regulation (EU) 2016/1239. In addition, during the transitional period laid down in Article 6 of Implementing Regulation (EU) 2025/1272 and until the use of ELAN becomes mandatory for customs authorities, documents falling under the scope of ELAN may be printed on paper.

(7) Moreover, the use of documents printed on paper may still be possible when the use of ELAN has become mandatory, as a fallback solution if the system becomes temporarily unavailable. This Regulation should allow for this possibility.

(8) Article 2 of Delegated Regulation (EU) 2016/1237 requires import and export licences to be presented physically at customs authorities. That Article should be adapted to accommodate the use of electronic documents, and the possibility to retrieve them in electronic form from ELAN.

(9) Similarly, where Article 5 of Delegated Regulation (EU) 2016/1237 lays down instructions on how to fill in specific sections of the licences based on the current templates, that Article should be integrated with the instructions on how to fill the new relevant data model.

(10) Article 6 of Delegated Regulation (EU) 2016/1237 allows to transfer licences or their extracts only to a single operator, who in turn can only transfer it back to the original holder. It shall be clarified that, with regard to licences issued according to the ELAN1L-AGRIM data model, in case of transfer back to the titular holder, the licence or extract may be transferred again to another operator.

(11) Article 8 of Delegated Regulation (EU) 2016/1237 requires Member States to notify replacement licences issued in accordance with Article 15(5) of Implementing Regulation (EU) 2016/1239. Article 8 of that Delegated Regulation should therefore cease to apply to electronic replacement licences issued in ELAN or communicated to it. Therefore, that Article 8 should be amended, taking into consideration that licences may still be printed on paper both before the use of ELAN becomes mandatory for all issuing and customs authorities, and on the occasions where ELAN becomes temporarily unavailable. In these cases, the rules on replacement licences set out in Article 8 of that Delegated Regulation and their notification should still apply.

(12) According to Annex I to Delegated Regulation (EU) 2016/1237, the import licence obligation does not apply to imports of garlic since 1 October 2017. Therefore, the obligation to notify ‘B’ licences should be removed from Article 8 of that Delegated Regulation. Similarly, the obligation to issue licences for garlic laid down in Article 10 of that Delegated Regulation should be deleted.

(13) Article 9 of Delegated Regulation (EU) 2016/1237 should clarify that licences issued for imports in the hemp sector are to comply with the new ELAN1L-AGRIM data model.

(14) Article 2 of Delegated Regulation (EU) 2020/760 should include Delegated Regulation (EU) 2025/1269 and Implementing Regulation (EU) 2025/1272 governing ELAN among the list of applicable rules.

(15) Article 5 of Delegated Regulation (EU) 2020/760 requires economic operators to submit the proof of release for free circulation or of export to the licence issuing authorities for the release of securities. That Article should be adapted to clarify that once licences become available in electronic form in ELAN the proof of their use could be retrieved from ELAN.

(16) Article 10 of Delegated Regulation (EU) 2020/760 requires that the customs declaration used to prove the reference quantity of operators bears the number of the invoice. However, following the amendment introduced to that Article by Commission Delegated Regulation (EU) 2023/735 (8), importers are no longer required to prove their reference quantity based on invoices. Therefore, Delegated Regulation (EU) 2020/760 should no longer require that the customs declaration refers to the number of invoices.

(17) The use of electronic licences via ELAN should reduce the obligation for Member States to notify information about the licences. In particular, the unused quantities could be retrieved from ELAN, if both the issuing authorities and the customs authorities of Member States use ELAN. Similarly, Member States issuing licenses in ELAN, or communicating licenses to that system, based on documents issued by third countries, should no longer need to notify those licences to the Commission, as they should be available in ELAN.

(18) Modifications introduced by this Regulation should reflect the fact that the use of ELAN is to become mandatory for all users at the end of the transitional period laid down in Article 6(5) of Implementing Regulation (EU) 2025/1272.

(19) Delegated Regulations (EU) 2016/1237 and (EU) 2020/760 should therefore be amended accordingly.

(20) The requirements mandating digitalisation of the documents required for the release into free circulation and for the export of agricultural products covered by this Regulation affect trans-European digital public services within the meaning of Regulation (EU) 2024/903 of the European Parliament and of the Council (9). Accordingly, an interoperability assessment has been carried out and the resulting report is to be published on the Interoperable Europe Portal.

(21) This Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union, to ensure the correct application of the rules before ELAN will become available to its users for testing purposes,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Delegated Regulation (EU) 2016/1237

Delegated Regulation (EU) 2016/1237 is amended as follows:

(4) in Article 6, paragraph 2 is replaced by the following: ‘2.   A transfer of rights deriving from a licence or its extract may be made in favour of a single transferee only and shall cover the quantities not yet attributed to the licence or extract. 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.’

(6) in Article 9, paragraph 1 is replaced by the following: ‘1.   The release for free circulation of hemp products listed in Sections C, D and G of Part I of the Annex to this Regulation shall be subject to an import licence in accordance with Annex I.1 to Implementing Regulation (EU) 2016/1239 (‘ELAN1L-AGRIM’) and the instructions published in series C of the Official Journal of the European Union. During the transitional period laid down in Article 21a of Implementing Regulation (EU) 2016/1239, licences may be issued in accordance with the templates set out in Annex I to that Implementing Regulation. 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.’

(7) Article 10 is deleted.

Article 2

Amendments to Delegated Regulation (EU) 2020/760

Delegated Regulation (EU) 2020/760 is amended as follows:

(1) Article 2 is replaced by the following: ‘Article 2 Other applicable rules Regulation (EU) No 952/2013 of the European Parliament and of the Council(4) and Commission Delegated Regulations (EU) 2022/127(5), (EU) 2015/2446(6), (EU) 2016/1237(7) and (EU) 2025/1269(8), and Commission Implementing Regulations (EU) 2016/1239(9) and (EU) 2025/1272(10) shall apply, unless otherwise provided for in this Regulation. (4)  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/952/oj)." (5)  Commission Delegated Regulation (EU) 2022/127 of 7 December 2021 supplementing Regulation (EU) 2021/2116 of the European Parliament and of the Council with rules on paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 20, 31.1.2022, p. 95, ELI: http://data.europa.eu/eli/reg_del/2022/127/oj)." (6)  Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1, ELI: http://data.europa.eu/eli/reg_del/2015/2446/oj)." (7)  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 (OJ L 206, 30.7.2016, p. 1, ELI: http://data.europa.eu/eli/reg_del/2016/1237/oj)." (8)  Commission Delegated Regulation (EU) 2025/1269 of 28 April 2025 laying down rules supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the electronic system for agricultural non-customs formalities (‘ELAN’) to monitor and manage trade and market in agricultural products (OJ L, 2025/1269, 10.7.2025, ELI: http://data.europa.eu/eli/reg_del/2025/1269/oj)." (9)  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 (OJ L 206, 30.7.2016, p. 44, ELI: http://data.europa.eu/eli/reg_impl/2016/1239/oj)." (10)  Commission Implementing Regulation (EU) 2025/1272 of 6 May 2025 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the electronic system for agricultural non-customs formalities (‘ELAN’) (OJ L, 2025/1272, 10.7.2025, ELI: http://data.europa.eu/eli/reg_impl/2025/1272/oj).’;"

(2) in Article 5, paragraph 2 is replaced by the following: ‘2.   By way of derogation from Article 24(4) of Delegated Regulation (EU) 2022/127, where the release for free circulation in the Union or export from the Union took place within the period of validity of the licence, but the time limit for submission of the proof of that release or export is exceeded, the security shall be forfeited by 3 % for each calendar day by which the time limit is exceeded. National competent authorities shall check the use of licences made available via the electronic system for agricultural non-customs formalities (ELAN) referred to in Article 3 of Delegated Regulation (EU) 2025/1269 directly in that system. When the transitional rules laid down in Articles 21a to 21d of Implementing Regulation (EU) 2016/1239 allow customs authorities to make attributions to licences or extracts directly in the national electronic systems of Member States, then the national competent authorities shall check the use of licences directly in those systems. When licences have been used in paper version or paper extracts have been made out of them, the first subparagraph of this paragraph applies.’

Article 3

Transitional provision

The amendments introduced by this Regulation shall be implemented in accordance with the transitional period laid down in Article 6 of Implementing Regulation (EU) 2025/1272 and with the rules applicable during that period to import and export licences and documents issued by third countries laid down in Implementing Regulations (EU) 2016/1239 and (EU) 2020/761, and in Commission Implementing Regulations (EU) 2020/1988 (10) and (EU) 2023/2834 (11).

Article 4

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 May 2025.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 347, 20.12.2013, p. 671, ELI: http://data.europa.eu/eli/reg/2013/1308/oj.

(2) Regulation (EU) 2022/2399 of the European Parliament and of the Council of 23 November 2022 establishing the European Union Single Window Environment for Customs and amending Regulation (EU) No 952/2013 (OJ L 317, 9.12.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2399/oj).

(3) Commission Delegated Regulation (EU) 2025/1269 of 28 April 2025 laying down rules supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the electronic system for agricultural non-customs formalities (‘ELAN’) to monitor and manage trade and market in agricultural products (OJ L, 2025/1269, 10.7.2025, ELI: http://data.europa.eu/eli/reg_del/2025/1269/oj).

(4) Commission Implementing Regulation (EU) 2025/1272 of 6 May 2025 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the electronic system for agricultural non-customs formalities (‘ELAN’) (OJ L, 2025/1272, 10.7.2025, ELI: http://data.europa.eu/eli/reg_impl/2025/1272/oj).