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