Article 2 · ELAN · GlobalLawDB

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Article 2Amendments to Delegated Regulation (EU) 2020/760#

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

(1)Article 2 is replaced by the following:‘Article 2Other applicable rulesRegulation (EU) No 952/2013 of the European Parliament and of the Council^note and Commission Delegated Regulations (EU) 2022/127^note, (EU) 2015/2446^note, (EU) 2016/1237^note and (EU) 2025/1269^note, and Commission Implementing Regulations (EU) 2016/1239^note and (EU) 2025/1272^note shall apply, unless otherwise provided for in this Regulation.^note^note^note^note^note^note^note

(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.’;

(3)Article 10 is amended as follows:

(a)paragraph 1 is replaced by the following:‘1.The reference quantity shall be established on the basis of a certified print out of the customs declaration finalized for release for free circulation. The customs declaration shall indicate, depending on the requirements of each Member State, whether the licence applicant is a declarant as referred to in Article 5, point (15), of Regulation (EU) No 952/2013 or an importer as referred to in Title I, Chapter 3, Group 3, of Annex B to Delegated Regulation (EU) 2015/2446 and in Title II, Group 3, of that Annex.’;

(b)paragraph 2 is deleted;

(4)Article 17 is replaced by the following:‘Article 17Notifications to the CommissionMember States shall notify the Commission for each tariff quota period of the following information using the notification system established by Delegated Regulation (EU) 2017/1183 and Implementing Regulation (EU) 2017/1185:

(a)the quantities covered by import or export licence applications;

(b)the quantities covered by import or export licences issued. Member States issuing licences using ELAN or transmitting them to that system shall notify them upon request of the Commission;

(c)the non-used quantities covered by unused or partly used import or export licences. Member States issuing licences using ELAN or transmitting them to that system shall notify them upon request of the Commission;

(d)the quantities allocated to operators within a tariff quota for which import or export licences were not issued;

(e)the quantities released for free circulation or exported under the import or export licences issued. Member States issuing licences using ELAN or transmitting them to that system shall notify them upon request of the Commission;

(f)for tariff quotas for which prior registration of operators is required:

(i)the names, the EORI numbers and addresses of operators having received import licences or of the transferees of an import licence;

(ii)for each operator, the quantities applied for;

(iii)applications for registration in the LORI electronic system which have been validated and rejected, registrations which have been withdrawn, and validations and rejections of changes in the LORI record;

(g)for import tariff quotas administered with documents issued by third countries, for each certificate of authenticity, Inward Monitoring Arrangement (‘IMA 1’) certificate, or certificate of eligibility, or the relevant subtype of ELAN1L-TCDOC, referred to in Annex XIV to Implementing Regulation (EU) 2020/761 lodged by an operator, the number of the corresponding licence issued, and the quantities covered. Where both the document issued by third countries and the corresponding licence are available in ELAN, Member States shall simply indicate the number of the ELAN1L-TCDOC in the relevant Section of the ELAN1L-AGRIM. Member States shall still notify the corresponding licence, upon request of the Commission.’