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1
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Notifying
Member
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European Union
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2
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Title
of new legislation/procedure
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Commission
Delegated Regulation (EU) 2025/1268 of 6 May 2025 amending Delegated
Regulations (EU) 2016/1237 and (EU) 2020/760 as a consequence of the
establishment of the Electronic system for Agricultural Non-customs
formalities (ELAN)
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3
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Date
of Publication
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10 July 2025
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4
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Date
of entry into force
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11 July 2025
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5
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Website
link/Official publication of the new regulation/procedure
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http://data.europa.eu/eli/reg_del/2025/1268/oj
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6
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Have
you attached a copy of the regulation (PDF) to the Secretariat
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[ ] Yes. (Please attach a copy of
the regulation to the notification.)
[X] No.
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7
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Type
of notification
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[ ] (a) New licensing regulation/procedure[2];
(please answer question 8 to 14)
[X] (b) Changes to a regulation/procedure which has been previously
notified in document: _G/LIC/N/2/EU/13 (2020/760), _G/LIC/N/2/EU/9 (2016/1237); (please answer question 15 and 16)
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8
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List
of products subject to licensing
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9
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Nature
of licensing
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Automatic: [ ]
Non-Automatic: [ ]
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10
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Administrative
purpose/measure being implemented
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(a)
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Protect public morals;
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(b)
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Protect human, animal or
plant life and health; protect environment;
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(c)
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Collect trade statistics or
market surveillance;
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(d)
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Protection of patents,
trademarks and copyrights, and the prevention of deceptive practices;
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(e)
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Pursue obligations under the
UN Charter and other international treaties (i.e.
CITES, Basel Convention, Rotterdam Convention, UNSC Resolutions etc.)
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(f)
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Quota (including TRQ)
administration;
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(g)
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Regulate imports of arms,
ammunition or fissionable materials and safeguard national security;
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(h)
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Other: ______________ (please specify)
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11
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Administrative
body(ies) for
submission
of applications
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Ministry/authority
and Department: [ ]
Address:
[ ]
Website:
[ ]
Telephone:
[ ]
E-Mail:
[ ]
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12
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Contact
point for information on eligibility
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Ministry/authority
and Department: [ ]
Address:
[ ]
Website:
[ ]
Telephone: [ ]
E-Mail: [ ]
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13
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Expected
duration of licensing procedure
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14
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A summary of the notification in one of the WTO
official languages
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15
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In the case of 7(b), please indicate the type of
new change(s)
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(a)
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Termination
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(b)
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Suspension
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(c)
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Modification
of specific details in existing
procedures:
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Product coverage;
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Administrative purpose;
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Automatic or Non-automatic;
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Duration of licensing;
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Change the nature of quantity/value restriction;
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Eligibility of applicants;
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Contact information on eligibility;
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Administrative body(ies) for submission of application;
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Documentation requirements (including application form);
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Period for Application;
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Administrative body(ies) to issue licence;
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Processing time for issuing licence;
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Licence fee/administrative charge;
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Deposit/advance payment and relevant conditions;
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Appeal regulations/procedures;
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Validity of licence;
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Other conditions of licence (extension, transferability, penalty of
non-use etc.);
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Foreign exchange requirements;
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Other: ________
(please specify)
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16
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Please elaborate the changes in detail (in one
of the WTO official languages)
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Regulation (EU) 2022/2399 of
the European Parliament and of the Council establishes a European Union
Single Window Environment for Customs (‘EU Single Window Environment for
Customs’), which includes an electronic European Union Customs Single Window
Certificates Exchange System (EU CSW-CERTEX), the national single window
environments for customs, and various Union non-customs systems the use of
which is either mandatory or voluntary under Union law.
In order to optimise trade
of agricultural products, all documents required in agricultural legislation
for fulfilling non-customs formalities are made available to the customs
authorities of Member States in electronic form via the EU Single Window Environment
for Customs.
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Commission Delegated
Regulation (EU) 2025/1269 and Commission Implementing Regulation (EU)
2025/1272 establish an electronic system for agricultural non-customs
formalities (‘ELAN’) to make the documents falling under its scope available
in electronic form to customs authorities.
Commission Delegated
Regulation (EU) 2016/1237 lays down rules for applying the system of import
and export licences for trade of agricultural products and Commission
Delegated Regulation (EU) 2020/760 lays down rules for the administration of
import and export tariff rate quotas subject to licences. Those Delegated
Regulations are amended by this Regulation so that the documents under their
scope can be made available to the customs authorities of Member States in
electronic form via the EU Single Window Environment for Customs.
The electronic exchange of
licences via ELAN and EU CSW-CERTEX require the gradual replacement of the
templates for import and export licences set out in Annex I to Commission
Implementing Regulation (EU) 2016/1239 with new data models designed for
ELAN, called ELAN1L-AGRIM and ELAN1L-AGREX, that are to allow their use in
electronic form via the communication between the national electronic
systems, ELAN, and EU CSW-CERTEX.
This Regulation takes into
account that the use of ELAN is to become gradually mandatory in accordance
with the dates of the transitional period laid down in Article 6 of
Implementing Regulation (EU) 2025/1272. During the transitional period laid
down in paragraphs 1 and 2 of that Article, licences may be based on the
templates set out in Annex I to Implementing Regulation (EU) 2016/1239. In
addition, during the transitional period laid down in Article 6 of
Implementing Regulation (EU) 2025/1272 and until the use of ELAN becomes
mandatory for customs authorities, documents falling under the scope of ELAN
may be printed on paper.
Moreover, the use of
documents printed on paper may still be possible when the use of ELAN has
become mandatory, as a fallback solution if the system becomes temporarily
unavailable. This Regulation allows for this possibility.
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This Regulation entered into
force on the day following that of its publication in the Official Journal of
the European Union, to ensure the correct application of the rules before
ELAN will become available to its users for testing purposes.
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