1

Notifying Member

European Union

2

Title of new legislation/procedure

Commission Implementing Regulation (EU) 2025/1272 of 6 May 2025 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the electronic system for agricultural non-customs formalities ('ELAN')

3

Date of Publication

10 July 2025

4

Date of entry into force

11 July 2025

5

Website link/Official publication of the new regulation/procedure

http://data.europa.eu/eli/reg_impl/2025/1272/oj

6

Have you attached a copy of the regulation (PDF) to the Secretariat

[ ] Yes. (Please attach a copy of the regulation to the notification.)

[X] No.

7

Type of notification

[X] (a) New licensing regulation/procedure[2]; (please answer question 8 to 14)

[ ] (b) Changes to a regulation/procedure which has been previously notified in document: _____ (please answer question 15 and 16)

8

List of products subject to licensing

All products covered by Regulations (EU) 2016/1239, 2020/761, and 2020/1988

9

Nature of licensing

Automatic: [X]

Non-Automatic: [ ]

10

Administrative purpose/measure being implemented

(a)

Protect public morals;

(b)

Protect human, animal or plant life and health; protect environment;

(c)

Collect trade statistics or market surveillance;

(d)

Protection of patents, trademarks and copyrights, and the prevention of deceptive practices;

(e)

Pursue obligations under the UN Charter and other international treaties (i.e. CITES, Basel Convention, Rotterdam Convention, UNSC Resolutions etc.)

(f)

Quota (including TRQ) administration;

(g)

Regulate imports of arms, ammunition or fissionable materials and safeguard national security;

(h)

Other: Trade Facilitation (digitalization)

11

Administrative body(ies) for

submission of applications

Website: Authorities competent for receiving applications and issuing licences and extracts

12

Contact point for information on eligibility

Website: Authorities competent for receiving applications and issuing licences and extracts

13

Expected duration of licensing procedure

4 weeks

14

A summary of the notification in one of the WTO official languages

Regulation (EU) No 1308/2013 lays down rules governing international trade in agricultural products, including the requirements for ensuring the effective enforcement of trade-related formalities.

To support the effective application of Regulation (EU) No 1308/2013 and streamline cooperation between the relevant authorities, an electronic system is established to manage agricultural trade-related formalities in a secure and reliable manner.

This system is to be referred to as the electronic system for Agricultural Non-customs formalities ('ELAN') and should be developed as an independent module of the Trade Control and Expert System (TRACES) referred to in Commission Implementing Regulation (EU) 2019/1715. ELAN should store and process the documents required for the fulfilment of Union non-customs formalities related to trade in agricultural products, as laid down in Commission Implementing Regulations (EU) 2016/1239, (EU) 2020/761, (EU) 2020/1988 and (EU) 2023/2834.

The Regulation lays down the rules applicable to the system, concerning in particular: the scope; the the rules on retention periods; the entry into use of the system and the applicable transitional rules; the rules applicable during the contingency periods when the system is not working.

In order to facilitate cooperation and ensure seamless information exchange between the relevant issuing authorities or bodies and customs authorities, ELAN is interconnected with the EU Single Window Environment for Customs, as established by Regulation (EU) 2022/2399 of the European Parliament and of the Council.

ELAN is connected to the European Union Customs Single Window Certificates Exchange System ('EU CSW-CERTEX'), as well as to the electronic systems used by Member States and third countries to produce the documents covered by ELAN. This connection between systems should allow the exchange of information certifying the fulfilment of non-customs formalities for agricultural products traded between the Union and third countries.

Documents should either be produced directly in ELAN or transmitted to it via the national systems of EU Member States. Data protection principles embedded in Regulations (EU) 2016/679 and (EU) 2018/1725 of the European Parliament and of the Council, apply to the processing of document issued or transmitted to ELAN in accordance with this Regulation.

To give EU Member States time to get acquainted with the ELAN system and the related obligations, the use of ELAN should be gradually phased-in between 15 July 2025 and 18 September 2028. ELAN should be available for testing as of 15 July 2025. EU Member States may start making available in ELAN as of 19 January 2026 licences with legal value for performing customs clearance. As of 18 January 2027, licences should be issued in accordance with the data models laid down in Annex I.1 to Implementing Regulation (EU) 2016/1239. As of 17 January 2028, all documents issued by Member States and third countries covered by ELAN should be made available in ELAN. On 6 October 2028 customs authorities should start performing customs clearance operations on documents in ELAN, via EU CSW CERTEX.

The Regulation should enter 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.

15

In the case of 7(b), please indicate the type of new change(s)

16

Please elaborate the changes in detail (in one of the WTO official languages)