CHAPTER IIAREA OF APPLICATION OF LICENCES AND CERTIFICATES
Article 4
1
A licence shall not be required and may not be produced for the purposes of operations:
a
as specified in Articles 36, 40, 44 and 45 and Article 46(1) of Regulation (EC) No 800/1999; or
b
of a non-commercial nature; or
c
referred to in Regulation (EEC) No 918/83; or
d
relating to quantities not exceeding those set out in Annex II.
Notwithstanding the first subparagraph, a licence must be produced when the import or export is being made under preferential arrangements which are granted by means of the licence.
Member States shall take precautions against abuse when applying this paragraph, in particular when a single import or export operation is covered by more than one import or export declaration which are manifestly unwarranted for economic or other purposes.
2
For the purposes of paragraph 1, ‘operations of a non-commercial nature’ shall mean:
a
imports by or consigned to private individuals, provided that such operations satisfy the requirements of Section II(D)(2) of the preliminary provisions of the Combined Nomenclature;
b
exports by private individuals, provided that such operations satisfy, mutatis mutandis, the requirements referred to in point (a).
3
Member States are authorised not to require an export licence or licences for products and/or goods consigned by private individuals or groups of private individuals with a view to their free distribution for humanitarian aid purposes in third countries where all the following conditions are met:
a
no refund is applied for by the parties which wish to benefit from this exemption;
b
such consignments are occasional in nature, comprise varied products and/or goods and do not exceed a total of 30 000 kg per means of transport; and
c
the competent authorities have sufficient proof as to the destination and/or use of the products and/or goods and the proper execution of the operation.
The following indication shall be inserted in Section 44 of the export declaration: ‘No refund — Article 4(3) of Regulation (EC) No 376/2008’.