OpenLegislation

Article 14

United Kingdom

Original text. Later amendments are not shown.

1.

Regulations (EC) No 1291/2000 and (EC) No 1445/95 shall apply, save where otherwise provided in this Regulation.

2.

Notwithstanding Article 9(1) of Regulation (EEC) No 1291/2000, import licences issued pursuant to this Regulation shall not be transferable and shall confer the right to use the tariff quota only if made out in the same name and address as the one entered as consignee in the customs declaration of release for free circulation accompanying them.

3.

Pursuant to Article 50(1) of Regulation (EC) No 1291/2000, the full Common Customs Tariff duty applicable on the date of acceptance of the customs declaration for free circulation shall be collected in respect of all quantities imported in excess of those shown on the import licence.

4.

Import licences shall be valid for 180 days from their date of issue as defined in Article 23(2) of Regulation (EC) No 1291/2000. However, no licence shall be valid after 30 June 2004.

5.

The security relating to the import licence shall be EUR 120 per 100 kilograms net weight. The security shall be lodged by the applicant together with the licence application. Where in application of Article 12(4) the licence applications are not accepted in full, the security lodged shall be released proportionally without delay.

6.

Notwithstanding the provisions of section 4 of Title III of Regulation (EC) No 1291/2000, the security shall not be released until proof has been produced that the titular holder of the licence has been commercially and logistically responsible for the purchase, transport and clearance for free circulation of the quantity of meat concerned.

Such proof shall at least consist of:

(a)

the original commercial invoice made out in the name of the titular holder by the seller or his/her representative, both established in the third country of export, and proof of payment by the titular holder or the opening by the titular holder of an irrevocable documentary credit in favour of the seller;

(b)

the bill of lading or, where applicable, the road or air transport document, drawn up in the name of the titular holder, for the quantity concerned;

(c)

copy No 8 of form IM 4 with the name and address of the titular holder being the only indication in box 8;

(d)

proof of payment of the customs duties by the titular holder or on behalf of him/her.

7.

Notwithstanding the provisions of paragraph 6, each titular holder may, during the first and the second half of the quota year and within a maximum quantity of 10 tonnes per respective half year, customs clear for free circulation under this Regulation meat which previously had been stored under the Community bonded warehousing system.

In that case, the commercial invoice referred to in the first indent of paragraph 6 and the transport documents referred to in the second indent of paragraph 6 may be replaced by the original commercial invoice made out in the name of the titular holder by the owner of the meat not yet cleared for free circulation. Furthermore, the titular holder must present proof of payment of such an invoice.

8.

All proofs required for release of the licence security, including those required in Article 35(1) and (2) of Regulation (EC) No 1291/2000, shall be presented to the competent authorities within the deadlines laid down in the first indent of Article 35(4)(a) and in Article 35(4) (c) of that Regulation.