1. Application for an import licence for products falling within CN codes 0714 10 10, 0714 10 91 and 0714 10 99 originating in Thailand shall be submitted to the competent authorities in the Member States accompanied by the original of the export certificate. The original of the said export certificate shall be retained by the body which issues the import licence. However, where the application for an import licence relates to only a part of the quantity indicated on the export certificate, the issuing body shall indicate on the original the quantity for which the original was used and, after affixing its stamp, shall return the original to the party concerned.
Only the quantity indicated under 'shipped weight` on the export certificate shall be taken into consideration for the issue of the import licence.
2. Where it is found that the quantities actually unloaded in a given consignment are greater than the total figuring on the import licence or licences issued for this consignment the competent authorities who issued the import licence or licences concerned shall, at the request of the importer, communicate to the Commission by telex, case by case and as soon as possible, the number or numbers of the Thai export certificates, the number or numbers of the import licences, the excess quantity concerned and the name of the cargo vessel.
The Commission shall make contact with the Thai authorities so that new export certificates may be drawn up. Pending their being drawn up, the excess quantities may not be released for free circulation under the conditions laid down in this Regulation as long as new import licences for the quantities in question cannot be presented. New import licences shall be issued under the conditions laid down in Article 7.
3. However, by way of derogation from paragraph 2, where it is found that the quantities actually unloaded in the case of a given delivery do not exceed by more than 2 % the quantities covered by the import licence or licences presented, the competent authorities of the Member State of release for free circulation shall, at the importer's request, authorize the release for free circulation of the surplus quantities in return for payment of a customs duty with a ceiling of 6 % ad valorem and the lodging by the importer of a security of an amount equal to the difference between the duty laid down in the Common Customs Tariff and the duty paid.
When the Commission receives the information referred to in the first subparagraph of paragraph 2, it shall contact the Thai authorities so that new export certificates may be drawn up.
The security shall be released on presentation to the competent authorities of the Member State of release for free circulation of an additional import licence for the quantities concerned. Application for that licence does not entail obligation to lodge the security for a licence referred to in Article 14 (2) of Regulation (EEC) No 3719/88 or Article 5 of this Regulation. The licence shall be issued under the conditions laid down in Article 7 and upon presentation of one or more new export certificates issued by the Thai authorities. The additional import licence shall contain in box 20 one of the following entries:
- Certificado complementario, apartado 3 del artículo 4 del Reglamento (CE) n° 2403/96
- Supplerende licens, forordning (EF) nr. 2403/96, artikel 4, stk. 3
- Zusaetzliche Lizenz - Artikel 4 Absatz 3 der Verordnung (EG) Nr. 2403/96
- Óõìðëçñùìáôéêue ðéóôïðïéçôéêue - ¶ñèñï 4 ðáñUEãñáoeïò 3 ôïõ êáíïíéóìïý (AAÊ) áñéè. 2403/96
- Licence for additional quantity, Article 4 (3) of Regulation (EC) No 2403/96
- Certificat complémentaire, règlement (CE) n° 2403/96 article 4 paragraphe 3
- Titolo complementare, regolamento (CE) n. 2403/96 articolo 4, paragrafo 3
- Aanvullend certificaat - artikel 4, lid 3, van Verordening (EG) nr. 2403/96
- Certificado complementar, nº 3 do artigo 4º do Regulamento (CE) nº 2403/96
- Lisaetodistus, asetus (EY) N:o 2403/96, 4 artiklan 3 kohta
- Kompletterande licens, artikel 4.3 i foerordning (EG) nr 2403/96.
Except in cases of force majeure, the security shall be retained for quantities for which an additional import licence is not presented within a period of four months from the date of acceptance of the declaration of release for free circulation referred to in the first subparagraph. It shall be retained in particular for quantities for which the additional import licence has not been issued pursuant to Article 7 (1).
After the competent authority has entered the quantity on the additional import licence and authenticated the entry, and the security provided for in the first subparagraph is released, the licence shall be sent to the issuing body as quickly as possible.
4. Applications for licences may be submitted in all Member States and licences issued are valid throughout the Community.
The provisions of the fourth indent of Article 5 (1) of Regulation (EEC) No 3719/88 shall not apply to imports carried out pursuant to this Regulation.
