Commission Delegated Regulation (EU) 2025/1268 of 6 May 2025 amending Delegated Regulations (EU) 2016/1237 and (EU) 2020/760 as a consequence of the establishment of the Electronic system for Agricultural Non-customs formalities (ELAN)

• CELEX: Delegated Regulation (EU) 2025/1268
• Articles: 4

Article 1 Amendments to Delegated Regulation (EU) 2016/1237

Delegated Regulation (EU) 2016/1237 is amended as follows:

(1)

Article 1 is amended as follows:

(a)

the following point (c) is added:

‘(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’  ( *1 ) referred to in Article 1(1), point (j) of Implementing Regulation (EU) 2016/1239.’;

( *1 )   Notice on the instructions on completing the ELAN1L-AGRIM and ELAN1L-AGREX data models ( OJ C, C/2025/2819, 10.7.2025, ELI: http://data.europa.eu/eli/C/2025/2819/oj ).’;"

(b)

the following second paragraph is added:

‘All definitions laid down in Article 3 of Commission Delegated Regulation (EU) 2025/1269  ( *2 ) and in Article 2 of Commission Implementing Regulation (EU) 2025/1272  ( *3 ) apply to this Regulation.

( *2 )   Commission Delegated Regulation (EU) 2025/1269 of 28 April 2025 laying down rules supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the electronic system for agricultural non-customs formalities (‘ELAN’) to monitor and manage trade and market in agricultural products ( OJ L, 2025/1269, 10.7.2025, ELI: http://data.europa.eu/eli/reg_del/2025/1269/oj )."

( *3 )   Commission Implementing Regulation (EU) 2025/1272 of 6 May 2025 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the electronic system for agricultural non-customs formalities (‘ELAN’) ( OJ L, 2025/1272, 10.7.2025, ELI: http://data.europa.eu/eli/reg_impl/2025/1272/oj ).’;"

(2)

Article 2 is amended as follows:

(a)

in paragraph 1, the introductory sentence is replaced by the following:

‘An import licence is required for the following products:’;

(b)

in paragraph 2, the introductory sentence is replaced by the following:

‘An export licence is required for the following products:’;

(3)

in Article 5, paragraph 2 is replaced by the following:

‘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.’

;

(4)

in Article 6, paragraph 2 is replaced by the following:

‘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.’

;

(5)

Article 8 is replaced by the following:

‘Article 8

Notifications

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.’

;

(6)

in Article 9, paragraph 1 is replaced by the following:

‘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.’

;

(7)

Article 10 is deleted.

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

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

(1)

Article 2 is replaced by the following:

‘Article 2

Other applicable rules

Regulation (EU) No 952/2013 of the European Parliament and of the Council  ( *4 ) and Commission Delegated Regulations (EU) 2022/127  ( *5 ) , (EU) 2015/2446  ( *6 ) , (EU) 2016/1237  ( *7 ) and (EU) 2025/1269  ( *8 ) , and Commission Implementing Regulations (EU) 2016/1239  ( *9 ) and (EU) 2025/1272  ( *10 ) shall apply, unless otherwise provided for in this Regulation.

( *4 )   Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code ( OJ L 269, 10.10.2013, p. 1 , ELI:  http://data.europa.eu/eli/reg/2013/952/oj )."

( *5 )   Commission Delegated Regulation (EU) 2022/127 of 7 December 2021 supplementing Regulation (EU) 2021/2116 of the European Parliament and of the Council with rules on paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro ( OJ L 20, 31.1.2022, p. 95 , ELI:  http://data.europa.eu/eli/reg_del/2022/127/oj )."

( *6 )   Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code ( OJ L 343, 29.12.2015, p. 1 , ELI:  http://data.europa.eu/eli/reg_del/2015/2446/oj )."

( *7 )   Commission Delegated Regulation (EU) 2016/1237 of 18 May 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the rules for applying the system of import and export licences and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the rules on the release and forfeit of securities lodged for such licences ( OJ L 206, 30.7.2016, p. 1 , ELI: http://data.europa.eu/eli/reg_del/2016/1237/oj )."

( *8 )   Commission Delegated Regulation (EU) 2025/1269 of 28 April 2025 laying down rules supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the electronic system for agricultural non-customs formalities (‘ELAN’) to monitor and manage trade and market in agricultural products ( OJ L, 2025/1269, 10.7.2025, ELI: http://data.europa.eu/eli/reg_del/2025/1269/oj )."

( *9 )   Commission Implementing Regulation (EU) 2016/1239 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the system of import and export licences ( OJ L 206, 30.7.2016, p. 44 , ELI:  http://data.europa.eu/eli/reg_impl/2016/1239/oj )."

( *10 )   Commission Implementing Regulation (EU) 2025/1272 of 6 May 2025 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the electronic system for agricultural non-customs formalities (‘ELAN’) ( OJ L, 2025/1272, 10.7.2025, ELI: http://data.europa.eu/eli/reg_impl/2025/1272/oj ).’;"

(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 17

Notifications to the Commission

Member 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.’

.

Article 3 Transitional provision

The amendments introduced by this Regulation shall be implemented in accordance with the transitional period laid down in Article 6 of Implementing Regulation (EU) 2025/1272 and with the rules applicable during that period to import and export licences and documents issued by third countries laid down in Implementing Regulations (EU) 2016/1239 and (EU) 2020/761, and in Commission Implementing Regulations (EU) 2020/1988  ( 10 ) and (EU) 2023/2834  ( 11 ) .

Article 4 Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .