Article 5 Issue, annulment, or revocation of a prior authorization

The authorization shall be issued by the competent authorities to which the application has been submitted on the form shown in Annex II.

The prior authorizations form shall be made out in three copies. The first, marked ‘original’ and bearing the number 1, shall be issued to the applicant and the second, marked ‘copy for the competent authority’ and bearing the number 2, shall be kept by the issuing authority, whereas the third marked ‘copy for the customs supervising office’ and bearing the number 3 will be sent to the customs supervising office, as defined in Article 13. In the event that the functions of the customs supervising office are perfomed by the competent authorities to which the application has been submitted, no copy No 3 is required.

The prior authorization may be issued by electronic means as long as the customs offices involved have access to this authorization across a computer network.

When the application concerns a category of products whose release into free circulation in the Community is subject to the measures provided for in Article 1 (3) of the basic Regulation, the prior authorization is issued by the competent authorities only when the Commission has confirmed the availability of the quantity notified by the authorities managing the request in accordance with the procedures laid down in Annex VII of Regulation (EEC) No 3030/93. The Commission will respond to all applications immediately, wherever possible, by electronic means.

When the application concerns a category of products not subject to quantitative limits pursuant to Article 11 (3) of the basic Regulation, the prior authorization is issued once the quantities have been notified to the Commission.

A prior authorization can only concern one category of compensating products and one specified third country.

In so far as the Commission has confirmed the availability of the quantity requested within the quota limit concerned, the competent authorities shall issue the prior authorization within no more than five working days, counting from the date of receipt of confirmation from the Commission.

The competent authorities will register the quantities requested by and granted to the beneficiaries and ensure, if necessary in cooperation with the competent authorities of the other Member States concerned, that these quantities do not exceed those referred to in Article 3 (4) and (5) of the basic Regulation.

Article 497 (3) of Regulation (EEC) No 2454/93, shall apply mutatis mutandis where the applicant requests to modify a prior authorization.

Should the competent authorities become aware of the fact that one of the conditions for granting authorization is or has not been satisfied, Articles 8, 9 and 10 of Regulation (EEC) No 2913/92 concerning the annulment and revocation of a decision shall apply to prior authorizations.