Commission Regulation (EC) No 376/2008 (repealed)Show full title

CHAPTER II U.K. AREA OF APPLICATION OF LICENCES AND CERTIFICATES

Article 2 U.K.

A licence or certificate shall not be required and may not be presented in respect of products:

(a)

which are not placed in free circulation within the Community; or

(b)

in respect of which export is effected:

(i)

under a customs procedure which allows import free of the relevant customs duties or charges having equivalent effect, or

(ii)

under special arrangements which allow export free of export duties, as referred to in Article 129 of Regulation (EEC) No 2913/92.

Article 3 U.K.

1. Where products which are subject to inward-processing arrangements and which do not contain basic products as referred to in paragraph 2(a) are placed in free circulation, then, insofar as the products actually placed in free circulation are subject to an import licence, such a licence must be produced.

2. Where products which are subject to either of the arrangements referred to in paragraph 1 and which contain both:

(a) one or more basic products which came within the terms of Article 23(2) of the Treaty but no longer do so as a result of their incorporation in the products put into free circulation; and

(b) one or more basic products which did not come within the terms of Article 23(2) of the Treaty,

are placed in free circulation then, notwithstanding Article 7(1) of this Regulation, for each basic product referred to in point (b) of this paragraph actually used and being a product subject to an import licence, such a licence shall be produced.

However, an import licence shall not be required where the product actually placed in free circulation is not subject to such a licence.

3. The import licence or licences produced when a product as referred to in paragraph 1 or 2 is placed in free circulation may not provide for advance fixing.

4. On exportation of a product subject to either of the arrangements referred to in paragraph 1 and containing one or more of the basic products referred to in paragraph 2(a), then for each such basic product, being a product subject to an export licence, such licence shall be produced.

However, subject to the third subparagraph concerning the advance fixing of refunds, an export licence shall not be required when the product actually exported is not subject to such a licence.

On exportation of compound products qualifying for an export refund fixed in advance on the basis of one or more of their components, the customs status of each such component shall be the sole element to be taken into account when applying the system of licences and certificates.

Article 4 U.K.

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’.

Article 5 U.K.

A licence or certificate shall not be required and may not be produced when products are placed in free circulation under Title VI, Chapter 2 of Regulation (EEC) No 2913/92 governing the treatment of returned goods.

Article 6 U.K.

1. An export licence shall not be required and may not be produced at the time of acceptance of the re-export declaration for products for which the exporter provides proof that a favourable decision for repayment or remission of import duties has been given in respect of such products under Title VII, Chapter 5, of Regulation (EEC) No 2913/92.

2. Where products are subject on export to presentation of an export licence and the competent authorities accept the re-export declaration before deciding on the application for repayment or remission of import duties, an export licence must be produced. Advance fixing of the export refund or levy shall not be permitted.