Imports licences for ovalbumin and lactalbumin
1. The import for release into free circulation of ovalbumin and lactalbumin may be made subject to presentation of an import licence, where such licence is necessary for the management of the markets concerned and, in particular, for the monitoring of trade in those products.
2. Without prejudice to measures taken in accordance with Article 14, Member States shall issue the import licences referred to in paragraph 1 to any applicant established in the Union, irrespective of that applicant’s place of establishment, unless an act adopted in accordance with Article 43(2) TFEU provides otherwise.
3. The import licences referred to in paragraph 1 shall be valid throughout the Union.
4. The issuing of the import licences referred to in paragraph 1 and the release into free circulation of the goods covered by the licence may be made subject to requirements as to the origin and provenance of the products concerned and to the presentation of a document issued by a third country or an entity that certifies, inter alia, the origin, the provenance, the authenticity and the quality characteristics of the products.
Security in respect of import licences
1. The issuing of the import licences referred to in Article 6 may be made subject to the lodging of a security guaranteeing that the economic operator will import the products within the period of validity of the import licence.
2. The security shall be forfeited in whole or in part if the products are not imported within the period of validity of the import licence.
3. However, the security shall not be forfeited if the products were not imported within that period due to force majeure or if the quantity which was not imported within that period is within the level of tolerance.
Delegated powers
The Commission shall be empowered to adopt delegated acts, in accordance with Article 42, concerning:
(a)
rules making the import of ovalbumin and lactalbumin for release into free circulation subject to presentation of an import licence;
(b)
rules on the rights and obligations deriving from the import licence and its legal effects;
(c)
the cases in which a tolerance applies as regards compliance with the obligation to import the quantity mentioned in the licence or in which the origin is to be indicated in the licence;
(d)
rules on the issuing of the import licence or rules making the release into free circulation of the goods covered by the licence subject to the presentation of a document issued by a third country or an entity certifying, inter alia, the origin, the provenance, the authenticity and the quality characteristics of the products;
(e)
rules on the transfer of the import licence or restrictions on such transfer;
(f)
the cases in which the presentation of an import licence is not required;
(g)
rules making the issuing of the import licences referred to in Article 6 subject to the lodging of a security.
Implementing powers
The Commission shall, where necessary, adopt implementing acts, concerning:
(a)
the format and the content of the import licence;
(b)
the submission of applications for import licences, the issuing of those licences and their use;
(c)
the period of validity of the import licence, the amount of security to be lodged and the procedure for lodging it;
(d)
the evidence needed to prove that the requirements for the use of import licences have been fulfilled;
(e)
the level of tolerance as regards compliance with the obligation to import the quantity mentioned in the import licence;
(f)
the issuing of replacement import licences and duplicate import licences;
(g)
the treatment of import licences by Member States and the exchange of information needed for the management of the system, including the procedures relating to the specific administrative assistance between Member States.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
