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Commission Implementing Regulation (EU) 2026/2389 Article 2

Commission Implementing Regulation (EU) 2026/2389 Article 2

Amendments to Implementing Regulation (EU) 2020/761

Article 2

Implementing Regulation (EU) 2020/761 is amended as follows: 1. in Article 6(5), the second subparagraph is replaced by the following: ‘Moreover, by way of derogation from paragraph 3, where the relevant tariff quota fiches in Annexes II to XIIa indicate codes preceded by ex , operators can submit licence applications either indicating the relevant TARIC codes, or the relevant codes preceded by ex .’; 2. in Article 11, paragraphs 5 and 6 are replaced by the following: ‘5.   Licences for tariff quotas governed by this Regulation shall be issued for quantities expressed in product weight, except when the relevant tariff quota fiches in Annexes II to XIIa indicate the total available quantity for the quota in a calculated weight equivalent, in which case the licence shall be issued for quantities expressed in that weight equivalent. In any case, the competent authorities shall indicate the overall quantity covered by the licence. 6.   Where the relevant tariff quota fiches in Annexes II to XIIa indicate codes preceded by ex , the competent authorities shall issue the licences for the relevant codes preceded by ex .’ ; 3. in Article 15, paragraph 1 is replaced by the following: ‘1.   Where required by Annexes II to XIIa, a valid proof of origin shall be presented to the Union customs authorities together with a customs declaration for release for free circulation for the products concerned. The documents required for the proof of origin are listed for each tariff quota in those Annexes.’ ; 4. Article 15a is replaced by the following: ‘Article 15a Certificates of non-preferential origin issued in electronic format 1.   Certificates of origin relating to products having their origin in a third country for which special non-preferential import arrangements are established, shall be issued in accordance with the instructions laid down in Annex XIV.8 to this Regulation. Articles 57, 58 and 59 of Implementing Regulation (EU) 2015/2447 apply. 2.   During the transitional period laid down in Articles 72a to 72d of this Regulation, the certificates of origin referred to in paragraph 1, may be issued based on either of the following: (a) the template set out in Annex 22-14 to Implementing Regulation (EU) 2015/2447; (b) the template set out in Part B of Annex II to Implementing Regulation (EU) 2020/1988; (c) the form set out in Annex XVII to this Regulation in compliance with the technical specifications laid down therein.’ ; 5. Article 68 is amended as follows: (a) paragraph 3 is deleted; (b) paragraph 4 is replaced by the following: ‘4.   For the purpose of licence applications and notifications to the Commission, the total quantity shall be converted into the shell egg equivalent: (a) in accordance with Part A of Annex XVI, for tariff quotas under order numbers 09.4275, 09.4401, 09.4402 and 09.4403; (b) in accordance with Part D, point 2, of Annex XVI, for tariff quotas under order numbers 09.4950 and 09.4955. For tariff quota under order number 09.4276, the quantity shall be expressed in kilograms of product weight.’ ; (c) paragraphs 5 and 6 are deleted; 6. Article 72b is replaced by the following: ‘Article 72b Use of documents issued by third country authorities in ELAN 1.   Third countries may issue documents in ELAN or transmit them to it on a voluntary basis before the date referred to in Article 72c(1). These documents shall have legal value for the release for free circulation or export of agricultural products. When third country issuing authorities indicate in ELAN that the document is used outside ELAN, the copies in ELAN shall have no legal value. The corresponding paper copies issued by third countries shall have legal value only if they bear the signature and stamp of the issuing authority. 2.   The Commission shall publish on its website  ( *1 ) the list of countries using ELAN on a voluntary basis before 17 January 2028. 3.   When documents issued by the third country are issued in ELAN or transmitted to it but need to be put at disposal of customs authorities outside ELAN, the licence issuing authorities shall print them from ELAN upon request of the economic operator. They shall indicate in ELAN that the documents will be used outside ELAN. Licence issuing authorities printing documents issued by third countries in compliance with this paragraph shall include on the printed document: (a) the date when the document was printed; (b) the signature of the relevant officer who printed it; (c) the valid stamp or seal of the printing authority. ( *1 )    https://agriculture.ec.europa.eu/common-agricultural-policy/market-measures/elan_en .’;" ( )    https://agriculture.ec.europa.eu/common-agricultural-policy/market-measures/elan_en .’; 7. in Article 72c, paragraph 4 is replaced by the following: ‘4.   When documents issued by the third country are issued in ELAN or transmitted to it but need to be put at disposal of customs authorities outside ELAN, the licence issuing authorities shall print them from ELAN upon request of the economic operator. They shall indicate in ELAN that the documents will be used outside ELAN. Licence issuing authorities printing documents issued by third countries in compliance with the first subparagraph shall include on the printed document: (a) the date when the document was printed; (b) the signature of the relevant officer who printed it; (c) the valid stamp or seal of the printing authority.’ ; 8. Annexes I, II, IV, VIII, XI, XII, XIV.8 and XVI are amended in accordance with Annex II to this Regulation.

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Other provisions in Commission Implementing Regulation (EU) 2026/2389

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of 2026-11-05

CitationArticle 2 of Commission Implementing Regulation (EU) 2026/2389 (LawPlayer, data as of 2026-11-05)

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

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