WORLD TRADE
ORGANIZATIONG/LIC/N/3/EEC/2/Add.22
13 October 1999
(99-4363)
Committee on Import Licensing Original:  English
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES1
Notification under Article 7.3 of the Agreement
on Import Licensing Procedures
EUROPEAN COMMUNITIES
Addendum
Import Licensing Procedures for WTO Tariff Quotas
for Quality Wheat
Outline of system
1. The object of the import licensing system is to ensure a sound administration of the EC’s
WTO tariff rate quota for 300,000 tonnes of quality wheat of tariff headings ex 1001 10 50 and ex
1001 90 95. The relevant legislation related to the import licensing system for this tariff quota is
mentioned in reply 5.  As regards the requirements for applicants for import licences see reply 6.
Purpose and coverage of licensing
2. See reply 1.3. The system applies in the European Community to the product mentioned reply 1, originating
in third countries.
4. See reply 1. As referred to in reply 1, the licensing system covers the relevant WTO tariff
quota. The EC considers the method adopted to be the most appropriate to administer these tariff rate
quotas.
5. The relevant legislation for the administration of import licences for the tariff quota
mentioned in reply 1 is:
Commission Regulation (EC) No  529/97 of 21 March 1997 (OJ L 82), as last amended by
Commission Regulation (EC) No 7 78/99 of 15 April 1999 (OJ L 101).
The licensing is statutorily required. The legislation does not leave designation of products to
be subjected to licensing to administrative discretion. The system cannot be abolished without
legislative approval.
                                                     
1 See G/LIC/3, Annex, for the Questionnaire.G/LIC/N/3/EEC/2/Add.22
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Procedures
6. Answer to questions 6.I to VIII and to 6. XI. Questions 6.IX and X are not relevant.
The information related to the allocation of the quota and the formalities for licence
application is published in the Official Journal of the European Communities (see reply 5). There is
no derogation from the licensing requirement.
The tariff quota is an annual tariff quota.Applicants for import licences must be natural or legal persons, who at the time applications
are submitted, prove to the satisfaction of the competent authorities of the Member States that theyhave been operating commercially in the cereals sector for twelve months at least and that they are
registered in the Member State where the application is made. Furthermore, applicants must submit:
- proof, in the form of the original of the document issued only once by the customs authorities
of the place of release for free circulation, that the goods to which the import licence applicationrelates are held by the applicant in the Community and are ready for importation during the period
fixed in advance by the Commission and
- proof that the quality of the goods meets the criteria laid down in the annex to Regulation
(EC) No 778/1999, in the form of an analysis certificate drawn up by a surveillance companydemonstrating that the wheat concerned is of adequate quality or a quality certificate recognised by
the Commission in accordance with Article 6 of Regulation (EC) No 1249/96.
Imports are only known to the competent authority in the Member States to which the import
licence application has been submitted and to the Commission.
The applicant for an import licence must approach only one administrative organ.The competent authorities in the Member States  have to notify to the Commission within two
working days from the last day for submitting an application (ending a period of at least 45 days).
Applications are examined simult aneously by the Commission. If the quantities in respect of which
licences have been applied for exceed the quantities available, the Commission notifies the MemberStates within three working days of the end of the application period by what percentage(s) they must
scale down the quantities applied for when issuing the licences. Import licences are issued by the
competent authorities in the Member States.
7. Question 7 is not relevant in the present case.8. The application for an import licence can only be refused if the relevant criteria are not
fulfilled. Applicants can appeal to courts in the Me mber States according to the legislation in force in
the respective Member States.
Eligibility of importers to apply for licence
9. See reply 6. Applicants must be entered in a VAT register and there is no registration fee.
Documentational and other requirements for application for licence
10. The application for an import licence has to be  submitted to the competent authorities in the
Member States conforming to the specimen set out at Annex XI to the Community’s general
Article 7.3 notification for 1999 (G/LIC/N/3/EEC /2). Regarding the information required inG/LIC/N/3/EEC/2/Add.22
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applications, see the application form and Comm ission Regulation (EC) No 529/97 of 21 March 1997
(published in OJ L 82, page 44), as last ame nded by Commission Regulation (EC) No 850/97 of
13 May 1997 (published in OJ L 122, page 10).
11. The import licence.12. No.13. The issuance of import licence is subject to a se curity in order to ensure that the imported
wheat meets the relevant criteria for quality wheat as laid down in the relevant legislation. If this
proof has been submitted the security is released.
Conditions of licensing
14. Import licences are valid seven days and the period of validity cannot be extended.
15. In case that the imported wheat does not meet the required quality and that it is not processed
within the time limit, the security is not release d. The security is only release for the volume of
imported wheat that complies with the relevant quality criteria.
16. Import licences are not transferable.
17. No.
Other procedural requirements
18. No.19. Not relevant.
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