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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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1.Import licences shall be transferable, except for the import licences within the tariff quotas for fresh and frozen beef and veal and pigmeat originating in Canada.
2.Export licences shall not be transferable.
3.In addition to the requirements laid down in Article 6 of Delegated Regulation (EU) 2016/1237, the transferee shall be established and registered for VAT purposes in the Union.
4.Where the licence transfer concerns tariff quotas subject to the proof of trade requirement, the transferee shall provide proof of trade in accordance with Article 8.
5.Where the licence transfer concerns tariff quotas subject to the requirement of reference quantity, the transferee shall not be obliged to provide such proof.
6.Where the licence transfer concerns tariff quotas for which prior registration of operators is required, the transferee shall fulfil the following requirements prior to the licence transfer:
(a)it shall be registered in the LORI electronic system referred to in Article 13;
(b)it shall have submitted the declaration of independence referred to in Article 12 for the tariff quotas concerned by the licence transfer,
except where these requirements are suspended in connection with the suspension of the reference quantity requirement pursuant to Article 9(9) of this Regulation.
7.The transferee shall provide evidence that it meets the eligibility requirements set out in paragraph 3, paragraphs 4 and 6 to the licence issuing authority which issued the licence to be transferred.
Provision of the evidence may be simplified where the transferee is the titular holder of another, valid import licence issued under this Regulation, for the tariff quota order number and the tariff quota period concerned. In such case, the transferee may request its licence issuing authority, to submit a copy or reference to the electronic equivalent of the licence to the licence issuing authority of the transferor. Such copy shall constitute sufficient evidence of the fulfilment of the conditions and eligibility requirements set out in paragraph 3, 4 and 6, irrespective of whether it is in paper or electronic format.
8.Once the licence transfer is made, the quantity released for free circulation in the Union under the licence shall be attributed to the transferee for the purposes of establishing proof of trade and the reference quantity.
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