Commission Regulation (EC) No 1296/2008Show full title

Article 13 U.K.

1. Without prejudice to the surveillance measures adopted pursuant to Article 14, the security referred to in Article 7(3)(a) shall be released:

(a) forthwith, where the tender is not accepted;

(b) where the tender submitted for the tendering procedure is accepted, on the issue of the import licence. However, where the undertaking referred to in Article 7(3)(b) is not fulfilled, the security shall be forfeit.

2. Without prejudice to the surveillance measures adopted pursuant to Article 14, the security referred to in Article 9(3) shall be released:

(a) forthwith, in respect of quantities for which no licence has been issued;

(b) on the issue of the import licence, in respect of quantities for which a licence has been issued.

3. Without prejudice to the surveillance measures adopted pursuant to Article 14, the security referred to in Article 10(1) shall be released where the tenderer provides proof:

(a) for maize for which the analysis carried out in accordance with Article 10(6) shows a vitreous grain content of more than 60 %, that the imported product has been processed in the Member State of release for free circulation into any product other than those falling within CN codes 1904 10 10, 1103 13 or 1104 23. That proof shall be provided in the form of a T5 control copy drawn up by the customs clearance office, in accordance with Commission Regulation (EEC) No 2454/93(1), before departure of the goods for processing;

(b) for maize for which the analysis carried out in accordance with Article 10(6) shows a vitreous grain content equal or lower than 60 % and for sorghum, that the imported product has been processed or used in the Member State of release for free circulation. That proof may be provided in the form of a sales invoice to a processor or consumer with headquarters in the Member State of release for free circulation;

(c) that the product could not be imported, processed or used for reasons of force majeure;

(d) that the imported product has become unsuitable for any use whatsoever.

For quantities in respect of which the abovementioned evidence is not produced within 18 months of the date of acceptance of the declaration of release for free circulation, the security shall be forfeit as duty.

For the purposes of this Article, the processing or utilisation of the imported product shall be considered to have been effected if 95 % of the quantity released for free circulation has been processed or used.

4. Securities shall be subject to the provisions of Article 34 of Regulation (EC) No 376/2008, except for the provision on the two month time limit referred to in paragraph 4 of that Article.

(1)

OJ L 253, 11.10.1993, p. 1.