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Commission Delegated Regulation (EU) 2020/760Show full title
Commission Delegated Regulation (EU) 2020/760 of 17 December 2019 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the rules for the administration of import and export tariff quotas subject to licences and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the lodging of securities in the administration of tariff quotas
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Article 12Declaration of independence
1.The applicant for tariff quotas for which prior registration of operators is required shall submit a declaration of independence through the LORI electronic system, using the model declaration set out in Annex I.
2.In its declaration of independence, the applicant shall make one of the following statements, depending on its situation:
(a)a declaration that the applicant is not linked with other legal or natural persons applying for the same tariff quota order number;
(b)a declaration that the applicant is linked with other legal or natural persons applying for the same tariff quota order number but regularly performs substantial economic activities.
3.The applicant shall ensure that all information contained in its declaration of independence is at all times accurate and up to date.
4.When determining whether the applicant regularly performs substantial economic activities, the licence issuing authority shall take into account the type of economic activity carried out by the applicant, the expenditure made, the sales and turnover of the applicant in the Member State of its VAT registration.
At the request of the competent licence issuing authority, the applicant shall make available all documents and evidence necessary for the verification of the information provided for in the declaration of independence.
5.The competent licence issuing authority shall accept the declaration of independence only if it is satisfied that the documents submitted in the LORI system are correct and up to date.
6.The applicant shall notify the competent licence issuing authority of any changes affecting the declaration of independence within 10 calendar days from the date on which such changes take effect. The competent licence issuing authority shall record those changes in the LORI electronic system after having validated them.
7.The declaration of independence shall remain valid as long as the operator fulfils the requirements set out in Article 11(1).
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