Judgment_paragraph 3 · Martini SpA v Ministero delle Attività produttive (C-211/12)

3Regulation No 1291/2000 was repealed and replaced by Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (OJ 2008 L 114, p. 3). However, in view of the date of the facts of the dispute in the main proceedings, that dispute is still governed by Regulation No 1291/2000, recitals 10 and 12 in the preamble to which state:(10) The Community Regulations which introduced the [import and export] licences and [advance fixing] certificates [for agricultural products] provide that they are to be issued subject to the lodging of a security so as to guarantee that the undertaking to import or export will be fulfilled during the period of their validity. It is necessary to define when the undertaking to export or import is fulfilled.…(12) Import licences are sometimes used to administer quantitative import arrangements. This is possible only where knowledge of the imports effected under the licences issued is available within a fairly short period. In such cases, the requirement to produce evidence that licences have been used is not merely in the interest of sound administration but becomes essential for administering these quantitative arrangements. The evidence in question is supplied by producing copy 1 of the licence and, where appropriate, the extracts therefrom. It is possible to supply such evidence within a fairly short period. Such a time-limit should therefore be fixed for cases where the Community rules on the licences used to administer quantitative arrangements make reference thereto.’