Regulation (EC) No 1005/2009 of the European Parliament and of the CouncilShow full title

Article 18 U.K. Licensing of imports and exports

1. The Commission shall set up and operate an electronic licensing system and shall decide on applications for licences within 30 days of receipt.

2. Applications for licences referred to in Articles 15 and 17 shall be submitted using the system referred to in paragraph 1. Before submitting an application for a licence undertakings shall register in that system.

3. An application for a licence shall state the following:

(a) the names and the addresses of the importer and the exporter;

(b) the country of import and export;

(c) in the case of imports or exports of controlled substances, a description of each controlled substance, including:

(i)

the commercial description;

(ii)

the description and the Combined Nomenclature code as laid down in Annex IV;

(iii)

whether the substance is virgin, recovered, recycled or reclaimed;

(iv)

the quantity of the substance in metric kilograms;

(v)

in the case of halons, a declaration that they are to be imported or exported to satisfy a critical use referred to in Article 13(1), specifying which use;

(d) in the case of imports or exports of products and equipment containing or relying on controlled substances:

(i)

the type and nature of the products and equipment;

(ii)

for countable items the number of units, the description and the quantity per unit in metric kilograms of each controlled substance;

(iii)

for uncountable items the total quantity of the product, the description and the total net quantity, in metric kilograms, of each controlled substance;

(iv)

the country/countries of final destination of the products and equipment;

(v)

whether the controlled substance contained is virgin, recycled, recovered or reclaimed;

(vi)

in the case of imports or exports of products and equipment containing or relying on halon, a declaration that they are to be imported or exported to satisfy a critical use referred to in Article 13(1), specifying which use;

(vii)

in the case of products and equipment containing or relying on hydrochlorofluorocarbons, the reference to the Commission authorisation referred to in Article 17(3);

(viii)

the Combined Nomenclature code of the product or equipment to be imported or exported;

(e) the purpose of the proposed import, including the intended customs treatment and use, specifying where relevant the intended customs procedure;

(f) the place and expected date of the proposed import or export;

(g) the customs office where the goods will be declared;

(h) in the case of imports of controlled substances or products and equipment for destruction, the name and address of the facility where they will be destroyed;

(i) any further information deemed necessary by the competent authority of a Member State.

4. Each importer or exporter shall notify the Commission of any changes which might occur during the period of validity of the licence in relation to the data notified under paragraph 3.

5. The Commission may require a certificate attesting the nature or composition of substances to be imported or exported and may request a copy of the licence issued by the country from which the import or to which the export takes place.

6. The Commission may share the submitted data so far as necessary in specific cases with competent authorities of the Parties concerned and may reject the licence application if any relevant obligations set out in this Regulation are not complied with, or on the following grounds:

(a) in the case of an import licence, where it is established based on information from the competent authorities of the country concerned that the exporter is not an undertaking authorised to trade in the respective substance in that country;

(b) in the case of an export licence, where the competent authorities of the importing country have informed the Commission that the import of the controlled substance would constitute a case of illegal trade, or would adversely impact on the implementation of control measures of the importing country in place to comply with its obligations under the Protocol or would lead to an excess of the quantitative limits under the Protocol for that country.

7. The Commission shall make available a copy of each licence to the competent authority of the Member State concerned.

8. The Commission shall, as soon as possible, inform the applicant and the Member State concerned of any licence application rejected pursuant to paragraph 6, specifying the reason for the rejection.

9. The Commission may amend the list of items mentioned in paragraph 3 and Annex IV. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).