Commission Regulation (EC) No 376/2008 (repealed)Show full title

Article 39

1. Where, as a result of an event which the operator regards as constituting force majeure, import or export cannot be effected during the period of validity of the licence or certificate, the titular holder shall apply to the competent body of the Member State of issue either for the period of validity of the licence or certificate to be extended or for the licence or certificate to be cancelled. Operators shall provide proof of the circumstance which they consider to constitute force majeure within six months of the expiry of the period of validity of the licence or certificate.

Where they are unable to produce proof within that time limit despite having acted with all due diligence to obtain and forward it, they may be granted further time.

2. Requests to extend the period of validity of a licence or certificate received more than 30 days after the expiry of such period of validity shall be refused.

3. Where the circumstances relied on as constituting force majeure relate to the exporting country and/or the country of origin, in the case of imports, or to the importing country, in the case of exports, such circumstances may be accepted as such only if the issuing body or another official agency in the same Member State was notified as to the countries concerned in good time and in writing.

Notification of the exporting country, country of origin or importing country shall be considered as having been made in good time if the circumstances relied upon as constituting force majeure could not have been foreseen by the applicant at the time of notification.

4. The competent body referred to in paragraph 1 shall decide if the circumstances relied upon constitute force majeure.