Commission Delegated Regulation (EU) 2016/1237

law://eu/reg/2016/1237@2026-11-11

Contents

Chapter I · General provisions

Article 1Definitions#

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.^note;

(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’^note 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^note and in Article 2 of Commission Implementing Regulation (EU) 2025/1272^note apply to this Regulation.

Article 2Cases where a licence is required#

1.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.

2.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^note 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^note in respect of which a final decision has not yet been taken.

Article 3Cases where a licence is not required#

1.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^note;

(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^note;

(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.

2.An export licence shall not be required and shall not be issued or presented in respect of products consigned by private individuals or groups of private individuals with a view to their free distribution for humanitarian aid purposes in third countries where such consignments are occasional in nature, comprise varied products and do not exceed a total of 30000 kg per means of transport. Food aid operations not meeting these conditions are subject to a licence in accordance with this Regulation and the Implementing Regulation (EU) 2016/1239.

Article 4Security#

1.Licences are subject to a security, except in the cases provided for in the Annex.

2.When submitting an application for a licence, the applicant shall lodge a security, which shall be available at the licence issuing authority not later than 13.00 hours Brussels time on the day the application is submitted.

3.No security shall be required where the security comes to a threshold of EUR 100 or less.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.

4.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.

5.The security lodged in respect of a quantity for which a licence has not been issued shall be released forthwith.

Article 5Rights and obligations, tolerance#

1.The import or export licence shall constitute a right and give rise to an obligation to release for free circulation or to export, respectively, the quantity of products covered by the licence during its period of validity in accordance with Article 7(1) of Implementing Regulation (EU) 2016/1239.

2.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.

3.If specific Union legislation provides so, the obligation to release for free circulation or to export may include the obligation to release from or export to the country or group of countries specified in the licence.

4.The obligation to release for free circulation or to export shall be considered fulfilled if the total quantity specified on the licence has been cleared by customs under the relevant procedure. For that purpose a positive or negative tolerance on the quantity specified on the licence shall apply in accordance with Article 8 of Implementing Regulation (EU) 2016/1239.

5.A positive tolerance shall not apply where the quantity specified on the import licence is equivalent to the quantity specified in an export document, being an element of proof that the product is eligible for the preferential treatment due to its specific quality, variety, or characteristics, as required in the relevant international agreement.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 6Transfer#

1.Obligations deriving from licences shall not be transferable. Save as otherwise provided for, rights deriving from licences shall be transferable by their titular holder during the period of the validity of the licence.

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.

3.A transfer shall be requested by the titular holder at the licence issuing authority which issued the original licence.

4.Transferees shall not transfer their rights further but may transfer them back to the titular holder. Transfers back to the titular holder shall cover the quantities not yet attributed to the licence or its extract. The licence issuing authority shall note the transfer back according to the notice on import and export licences for agricultural products.

5.The transfer or transfer back to the titular holder shall take effect from the date as validated by the licence issuing authority.

Article 7Release and forfeit of securities#

1.The release of security provided for in Article 24(2) of Commission Delegated Regulation (EU) No 907/2014^note may be partial in proportion to the quantity of products for which the evidence of fulfilling the obligation to import or export has been furnished. That quantity shall not be less than 5 % of the total quantity specified on the licence.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.

2.When calculating the part of the security to forfeit, where applicable, the licence issuing authority shall deduct an amount corresponding to the quantitative tolerance referred to in Article 5(4).

3.Where the licence issuing authority waives the security requirement where the value of the sum secured is less than EUR 500, as provided for in Article 18(2) of Delegated Regulation (EU) No 907/2014, the amount of the sum equal to the security to forfeit shall be paid by the party concerned on expiry of 60 days following the date on which the validity of the licence expires.

4.If the total amount of the security which would be forfeit comes to EUR 100 or less for a given licence, the licence issuing authority shall release the whole security.

Article 8Notifications#

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 9Hemp#

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.

2.The application for a licence shall contain the information in line with the instructions for hemp products in the notice on import and export licences for agricultural products.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.

3.For the purposes of point (c) of Article 189(1) of Regulation (EU) No 1308/2013 the Member States concerned shall establish arrangements for the authorisation of importers of hemp seed other than for sowing. Those arrangements shall include the definition of the conditions for authorisation, checks and the penalties to be applied in cases of irregularity.

5.By way of derogation from Article 6(1), rights deriving from import licences for hemp products shall not be transferable.

Article 10Garlic#

1.Import licences for garlic as listed in Sections E and F of Part I of the Annex shall be referred to as ‘B’ licences.

2.Applicants may only lodge applications for ‘B’ licences with the licence issuing authority of the Member State in which they are established and in which they are registered for VAT purposes.

3.By way of derogation from Article 6(1), rights deriving from ‘B’ licences shall not be transferable.

III · Amendments, repeal, transitional and final provisions

Article 11Amendment 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#

1.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);

2.The provisions referred to in paragraph 1 shall continue to apply for licences issued under the relevant Regulations.

Article 12Repeal#

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 13Transitional provisions#

1.This Regulation does not affect the applicable period of validity and the amount of the security lodged for licences which have not expired on 6 November 2016.

2.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 14Entry 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.

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^note
100620	Husked (brown) rice, including products imported under tariff quotas as referred to in Article 2(1)(c)	1000 kg
100630	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)	1000 kg
10064000	Broken rice, including products imported under tariff quotas as referred to in Article 2(1)(c)	1000 kg

B.Sugar (Article 1(2)(c) and Part III of Annex I to Regulation (EU) No 1308/2013)
CN code	Description	Net quantities^note
1701	All products imported under preferential conditions other than tariff quotas^note,^note	(—)

C.Seeds(Article 1(2)(e) and Part V of Annex I to Regulation (EU) No 1308/2013)
CN code	Description	Security	Net quantities^note
ex12079920	Seeds of varieties of hemp, for sowing	^note	(—)

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^note
53021000	True hemp, raw or retted	^note	(—)

E.Fruit and vegetables (Article 1(2)(i) and Part IX of Annex I to Regulation (EU) No 1308/2013)
CN code	Description	Net quantities^note
07032000	Garlic, fresh or chilled, including products imported under tariff quotas as referred to in Article 2(1)(c)^note	(—)
ex07039000	Other alliaceous vegetables, fresh or chilled, including products imported under tariff quotas as referred to in Article 2(1)(c)^note	(—)

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^note
ex07108095	Garlic^note 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)^note	(—)
ex07109000	Mixtures of vegetables containing garlic^note 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)^note	(—)
ex07119080	Garlic^note 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)^note	(—)
ex07119090	Mixtures of vegetables containing garlic^note 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)^note	(—)
ex07129090	Dried garlic^note and Allium ampeloprasum and mixtures of dried vegetables containing garlic^note 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)^note	(—)

G.Other products (Article 1(2)(x) and Section 1 of Part XXIV of Annex I to Regulation (EU) No 1308/2013)
CN code	Description	Security	Net quantities^note
12079991	Hempseeds other than for sowing	^note	(—)

H.Ethyl alcohol of agricultural origin (Article 1(2)(u) and Part XXI of Annex I to Regulation (EU) No 1308/2013)
CN code	Description	Net quantities^note
ex22071000	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
ex22072000	Ethyl alcohol and other spirits, denatured, of any strength, obtained from the agricultural products listed in Annex I to the Treaty	100 hl
ex22089091	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
ex22089099	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

Part II — licensing obligation for exports

List of products referred to in Article 2(2)(a)

A.Rice (Article 1(2)(b) and Part II of Annex I to Regulation (EU) No 1308/2013)
CN code	Description	Net quantities^note
100620	Husked (brown) rice	500 kg
100630	Semi-milled or wholly milled rice, whether or not polished or glazed	500 kg

B.Sugar(Article 1(2)(c) and Part III of Annex I to Regulation (EU) No 1308/2013)
CN code	Description	Net quantities^note
1701	Cane or beet sugar and chemically pure sucrose, in solid form^note	2000 kg
1702609517029095	Other sugars in solid form and sugar syrups, not containing added flavouring or colouring matter, but not including lactose, glucose, maltodextrine and isoglucose^note	2000 kg
21069059	Flavoured or coloured sugar syrups, other than isoglucose, lactose, glucose and maltodextrine syrups^note	2000 kg

Article 1Definitions#

Article 2Cases where a licence is required#

Article 3Cases where a licence is not required#

Article 4Security#

Article 5Rights and obligations, tolerance#

Article 6Transfer#

Article 7Release and forfeit of securities#

Article 8Notifications#

Article 9Hemp#

Article 10Garlic#

Article 11Amendment 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#

Article 12Repeal#

Article 13Transitional provisions#

Article 14Entry into force and application#

Defined terms · 2

Key facts

Connections

History · 1 version

Article 1Definitions#

Article 2Cases where a licence is required#

Article 3Cases where a licence is not required#

Article 4Security#

Article 5Rights and obligations, tolerance#

Article 6Transfer#

Article 7Release and forfeit of securities#

Article 8Notifications#

Article 9Hemp#

Article 10Garlic#

Article 11Amendment 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#

Article 12Repeal#

Article 13Transitional provisions#

Article 14Entry into force and application#