Article 1

Regulation (EC) No 376/2008 is amended as follows:

1. 1..

   Article 1 is replaced by the following:

   ‘Article 1

   1.

   Subject to certain exceptions laid down in Community rules specific to certain products, in particular for products referred to in Council Regulation (EC) No 3448/93^f1 and its implementing rules, this Regulation lays down common rules for implementing the system of import and export licences and advance fixing certificates (hereinafter referred to respectively as “licences” and “certificates”) provided for in Part III, Chapters II and III, of Council Regulation (EC) No 1234/2007^f2 and in Council Regulation (EC) No 1493/1999^f3 or established in this Regulation.

   2.

   A licence or a certificate shall be presented for the following products:

   (a)

   in case of import, when the products are declared for free circulation:

   1. (i)

      products listed in Annex II, Part I, imported under all conditions, other than tariff quotas, save as otherwise provided therein;

   2. (ii)

      products imported under tariff quotas administered by other methods than a method based on the chronological order of the lodging of applications, according to “first come first served” principle, in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93^f4;

   3. (iii)

      products imported under tariff quotas administered by a method based on the chronological order of the lodging of applications in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93, specifically mentioned in Annex II, Part I, to this Regulation;

   (b)

   in case of export:

   1. (i)

      products listed in Annex II, Part II;

   2. (ii)

      products referred to in Article 162(1) of Regulation (EC) No 1234/2007 for which an export refund has been fixed, including at an amount of zero or an export tax has been fixed;

   3. (iii)

      products exported under quotas or for which an export licence needs to be presented for admission under a quota administered by a third country opened in that country for Community products imported.

   3.

   For products referred to in paragraphs 2(a)(i), 2(a)(iii) and 2(b)(i), the amount of the security and the period of validity as set out in Annex II shall apply.

   For products referred to in paragraphs 2(a)(ii), 2(b)(ii) and 2(b)(iii), specific implementing rules related to the period of validity and the amount of the security laid down in Community rules specific to those products shall apply.

   4.

   For the purposes of the system of export licences and advance fixing certificates referred to in paragraph 1, when a refund has been fixed for products not listed in Annex II, Part II and an operator does not apply for the refund that operator shall not be required to present a licence or certificate for the export of the products concerned.’

2. 2..

   In Article 7, the following paragraph is added:

   ‘8.

   Without prejudice to Article 1(3), the period of validity of import and export licences and advance fixing certificates shall be as set out for each product in Annex II.’

3. 3..

   In Article 14, paragraph 2 is replaced by the following:

   ‘2.

   Without prejudice to Article 1(3), the amount of the security applicable for licences and certificates issued for imports and exports shall be as set out in Annex II. An additional amount may be applicable in case of fixation of an export tax.

   No application for a licence or certificate shall be accepted unless an adequate security has been lodged with the competent body not later than 1 p.m. on the day the application is lodged.’

4. 4..

   Annex II is replaced by the text in Annex I to this Regulation.