Commission Implementing Regulation (EU) 2016/1239 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the system of import and export licences (Text with EEA relevance)

For the purposes of this Regulation, the following definitions apply:

1. ‘declarant’, as defined in Article 5, point (15), of Regulation (EU) No 952/2013 of the European Parliament and of the Council⁽¹⁾;

2. ‘risk management’, as defined in Article 5, point (25), of Regulation (EU) No 952/2013;

3. ‘Union non-customs formality’, as defined in Article 2, point (11), of Regulation (EU) 2022/2399 of the European Parliament and of the Council⁽²⁾;

4. ‘electronic system for agricultural non-customs formalities (ELAN)’ as defined in Article 3, point (b), of Commission Delegated Regulation (EU) 2025/1269⁽³⁾;

5. ‘exporter’, as defined in Article 1, point (19), of Commission Delegated Regulation (EU) 2015/2446⁽⁴⁾;

6. ‘EU CSW-CERTEX’ means the European Union Customs Single Window Certificates Exchange System as defined in Article 4 of Regulation (EU) 2022/2399;

7. ‘advanced signature based on a qualified certificate’ means an electronic signature complying with the requirements laid down in Articles 26 and 28 of Regulation (EU) 910/2014 of the European Parliament and of the Council⁽⁵⁾;

8. ‘ELAN1L-AGRIM’ defines any import licence issued in accordance with the data model set out in the instructions published in series C of the Official Journal of the European Union, following the rules laid down in Annex I.1 to this Regulation for their use in ELAN;

9. ‘ELAN1L-AGREX’ defines any export licence issued in accordance with the data model set out in the instructions published in series C of the Official Journal of the European Union, following the rules laid down in Annex I.1 to this Regulation for their use in ELAN;

10. ‘instructions published in series C of the Official Journal of the European Union’ means the instructions set out in the Notice on the instructions on completing the ELAN1L-AGRIM and ELAN1L-AGREX data models⁽⁶⁾ published in the C series of the Official Journal of the European Union that licence issuing authorities shall follow to issue import and export licences in accordance with Annex I.1 to this Regulation;

11. ‘ELAN (acceptance environment)’ means the electronic system identical to ELAN for the mere purpose of testing the functionality of that system before its actual release as a production environment.

In addition, the definitions laid down in Article 1 of Delegated Regulation (EU) 2016/1237, and in Article 4 of Delegated Regulation (EU) 2025/1269 apply.

Licences shall be applied for via information technology applications made available by Member States (‘national IT applications’) respecting the integrity and quality standards as set out in Section 3 B of Annex I to Commission Delegated Regulation (EU) 2022/127⁽⁷⁾. Where no such national IT applications are available or effective, or when national IT applications are temporarily unavailable, licences may also be applied for using the template set out in Annex I to this Regulation or any template set out by the competent national issuing authority.

Licences shall be issued either in ELAN or in the national IT applications. Licences issued in national IT applications shall be considered issued and valid to be used for trade only after communication to ELAN, unless otherwise provided for in Articles 21a to 21d.

The competent national issuing authorities shall set the template or data model that economic operators shall use for licence applications.

The names and addresses of the authorities competent for receiving the application and issuing the licence shall be published on the official website of those authorities, or on the official website dealing with agricultural trade of each Member State.

Applications and licences shall be completed and issued in typed format in one of the official languages of the Union, as specified by the competent authorities of the issuing Member State.

The competent authorities of the Member States may, where necessary, require that non-harmonised texts in applications for licences or accompanying documents be translated at the cost of the applicant into the official language or one of the official languages of the Member State concerned.

The licence application shall be filled in in accordance with the purpose of the licence and as set out in the instructions published in series C of the Official Journal of the European Union. If the transitional rules laid down in Articles 21a to 21d allow to use the template set out in Annex I, the licence application shall be filled in accordance with the Notice on import and export licences for agricultural products⁽⁸⁾.

The licence issuing authority shall not accept applications that are not in accordance with the relevant Union legislation. It shall issue the licence without delay, using the accepted information as filled in by the applicant, and completing the information as set out in the instructions published in series C of the Official Journal of the European Union or in the Notice on import and export licences for agricultural products. On paper copies, the licence issuing authorities shall validate their issuing by signature and by means of a stamp, or an embossing press. Electronic copies shall be validated in accordance with the standards referred to in paragraph 1.

By way of derogation from Article 5 of Council Regulation (EEC, Euratom) No 1182/71⁽⁹⁾ the day an application for a licence is lodged shall be deemed to be the working day on which it is received by the licence issuing authority, provided that it has been received not later than 13.00 hours Brussels time.

An application received after 13.00 hours Brussels time on a working day shall be deemed to have been lodged on the first working day following the day on which it was actually received.

A request for cancellation of an application for a licence may only be made in electronic or written form, to be received by the licence issuing authority by 13.00 hours Brussels time on the day the application is received.

Where in this Regulation a period for procedures is set, and the opening or closing date is a Saturday, Sunday, or public holiday as defined in Regulation (EEC, Euratom) No 1182/71:

1. the applicable opening date shall be the following working day and shall start at 0.00 hours, taking account of official office opening hours;

2. by way of derogation from Article 3(2)(b) and (4) of that Regulation, the applicable closing date shall be the last working day preceding the Saturday, Sunday or public holiday and shall end at 13.00 hours Brussels time. However, in respect of applications for a licence Member States may decide to provide for the necessary working arrangements to allow their submission on a Saturday, Sunday or public holiday. In that case, the applicable closing date shall be the given Saturday, Sunday or public holiday and shall end at 13.00 hours Brussels time. Where a Member State decides to provide for such working arrangements, it shall publish them.

Point (b) of the first subparagraph shall also apply where the applicable closing date is defined by reference to a specified date and that date falls on a Saturday, Sunday or public holiday.

By way of derogation from paragraph 3, where for the purposes of this Regulation a time limit applies for the notification of quantities of products covered by applications for licences under a tariff quota or for the notification of unused quantities under a tariff quota, that time limit shall end with the expiry of the last hour of the last day, irrespective of whether that day is a Saturday, Sunday or public holiday.

The Economic Operators Registration and Identification number (‘EORI number’) assigned to the applicant, titular holder or transferee pursuant to Article 9 of Regulation (EU) No 952/2013 shall be inserted in Section 4 or, where applicable, Section 6 of the application and the licence.

Applicants or licence issuing authorities may, on the basis of national instructions, mention the EORI number of the applicant, titular holder or transferee in Section 20, provided that the name or identity number in Section 4 or 6 links to the EORI number in Section 20.

Where products are declared for release for free circulation or export by a customs representative as referred to in Article 18 of Regulation (EU) No 952/2013, the EORI number of the titular holder or transferee shall be mentioned in the appropriate data element of the electronic customs declaration.

Where a security is required in accordance with Article 4(1) of Delegated Regulation (EU) 2016/1237, the amount of the security shall be as set out in Annex II to this Regulation.

Where the amounts resulting from the conversion of euro into sums in national currency to be entered on licences contain decimal places, the amount of the security shall be rounded to the first lower amount in whole national currency.