Import and Export Licences EU Guidance 2021

by
EU Readiness Notices [2020]

EUROPEAN COMMISSION
DIRECTORATE-GENERAL TAXATION AND CUSTOMS UNION DIRECTORATE-GENERAL ENVIRONMENT
DIRECTORATE-GENERAL TRADE DIRECTORATE-GENERAL CLIMATE ACTION
DIRECTORATE-GENERAL MIGRATION AND HOME AFFAIRS DIRECTORATE-GENERAL HEALTH AND FOOD SAFETY SERVICE FOR FOREIGN POLICY INSTRUMENTS

Brussels, 15 May 2020 REV1 – replaces the notice
(“import/export licences”) dated 25 January 2018

NOTICE TO STAKEHOLDERS

WITHDRAWAL OF THE UNITED KINGDOM AND EU RULES IN THE FIELD OF PROHIBITIONS AND RESTRICTIONS OF IMPORTS AND EXPORTS, IN PARTICULAR

IMPORT/EXPORT LICENCES

Since 1 February 2020, the United Kingdom has withdrawn from the European Union and has become a “third country”.1 The Withdrawal Agreement2 provides for a transition period ending on 31 December 2020.3 Until that date, EU law in its entirety applies to and in the United Kingdom.4
During the transition period, the EU and the United Kingdom will negotiate an agreement on a new partnership, providing notably for a free trade area. However, it is not certain whether such an agreement will be concluded and will enter into force at the end of the transition period. In any event, such an agreement would create a relationship which in terms of market access conditions will be very different from the United Kingdom’s participation in the internal market,5 in the EU Customs Union, and in the VAT and excise duty area.

Therefore, all interested parties, and especially economic operators, are reminded of the legal situation applicable after the end of the transition period (Part A below). This notice also explains certain relevant separation provisions of the Withdrawal Agreement (Part B below), as well as the rules applicable in Northern Ireland after the end of the transition period (Part C below).

1 A third country is a country not member of the EU.

2 Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, OJ L 29, 31.1.2020, p. 7 (“Withdrawal Agreement”).

3 The transition period may, before 1 July 2020, be extended once for up to 1 or 2 years (Article 132(1) of the Withdrawal Agreement). The UK government has so far ruled out such an extension.

4 Subject to certain exceptions provided for in Article 127 of the Withdrawal Agreement, none of which is relevant in the context of this notice.

5 In particular, a free trade agreement does not provide for internal market concepts (in the area of goods and services) such as mutual recognition, the “country of origin principle”, and harmonisation. Nor does a free trade agreement remove customs formalities and controls, including those concerning the origin of goods and their input, as well as prohibitions and restrictions for imports and exports.

A. LEGAL SITUATION AFTER THE END OF THE TRANSITION PERIOD

Different areas of EU law provide, for certain goods, prohibitions and restrictions of their import from or export to third countries.8 After the end of the transition period, the EU rules in the field of prohibitions and restrictions no longer apply in the United Kingdom.9 This has in particular the following consequences:

1. PROHIBITIONS AND RESTRICTIONS

The import/export of certain goods may be subject to prohibitions and restrictions under EU law. EU customs legislation, i.e. in particular Articles 134 and 267 of the Union Customs Code,10 gives customs authorities the “tools” to implement prohibitions and restrictions (customs declarations, presentation of goods, etc.), which are set out in sectorial EU legislation.

Prohibitions and restrictions can take very different forms, such as:

6 https://ec.europa.eu/info/european-union-and-united-kingdom-forging-new-partnership/future- partnership/preparing-end-transition-period_en

7 https://ec.europa.eu/info/european-union-and-united-kingdom-forging-new-partnership/future- partnership/preparing-end-transition-period_en

8 Prohibitions and restrictions may refer to goods “entering” or “leaving” the customs territory, the “shipment” or “movement” of a good to or from the EU, or the release for free circulation or another customs procedure, For this notice, the term “import” and “export” shall be used to capture these different approaches in sectorial legislation.

9 Regarding the applicability of the EU rules on prohibitions and restrictions to Northern Ireland, see Part C of this notice.

10 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, OJ L 269, 10.10.2013, p. 1

• Total prohibitions or bans;11
• Necessary controls at the border by specialised competent authorities (health, food safety, etc.);12
• Quantitative restrictions under a quota system;13
• An authorisation or registration of the importer14 or exporter;15
• An authorisation/approval by an authority, or a notification to an authority of the shipment (see below, section 2 of Part A of this notice);

• Additional documentation (licences, permits, certificates, etc.) accompanying the consignment;16 or
• Additional due diligence by the importer.17
After the end of the transition period, prohibitions and restrictions of imports apply to imports from the United Kingdom to the EU, while prohibitions and restrictions of exports apply to exports from the EU to the United Kingdom.

2. IMPORT/EXPORT LICENCES ISSUED BY THE UNITED KINGDOM AS AN EU MEMBER STATE ON THE BASIS OF UNION LAW

In some cases, prohibitions and restrictions take the form of a mandatory authorisation/approval/notification of a specific consignment imported from a third

11 For example, for seal pups (Council Directive 83/129/EEC of 28 March 1983 concerning the importation into Member States of skins of certain seal pups and products derived therefrom, OJ L 91, 9.4.1983, p. 30).

12 For example, for live animals (Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, OJ L 95, 7.4.2017, p. 1).

13 For example, for hydrofluorocarbons (Regulation (EU) No 517/2014 of 16 April 2014 on fluorinated greenhouse gases, OJ L150, 20.5.2014, p. 195).

14 For example, for medicinal products for human use (Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use, OJ L 311, 28.11.2001, p. 67) or veterinary medicinal products (Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products, OJ L 311, 28.11.2001, p. 1.), or explosive precursors (Regulation (EU) 2019/1148 of the European Parliament and of the Council of 20 June 2019 on the marketing and use of explosives precursors OJ L 186, 11.7.2019, p. 1).

15 For example, for the export of fluorinated greenhouse gases (Article 19 of Regulation (EU) 517/2014, Commission Implementing Regulation (EU) 2017/1375).

16 For example, eels (Council Regulation (EC) No 1100/2007 of 18 September 2007 establishing measures for the recovery of the stock of European eel, OJ L 248, 22.9.2007, p. 17).

17 For example, timber (Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market, OJ L 295, 12.11.2010, p. 23).

country to the EU or exported from the EU to a third country (hereafter “import/export licences”),18 i.e. import/export licenses are a subset of prohibitions and restrictions.

In most cases, such licence is not required for intra-Union shipments, or the requirements differ. Import/export licences are usually issued by competent authorities of a Member State (or, in some cases by the European Commission). Compliance is usually controlled as part of customs controls in the EU.

2.1. Requirement of import/export licences for shipments from/to the United Kingdom

After the end of the transition period, where an import/export licence is required, this also applies to imports from the United Kingdom to the EU, and exports from the EU to the United Kingdom.

2.2. Import/export licences issued by the United Kingdom on the basis of EU law

EU law may provide for the possibility of import/export licences to be issued by a Member State other than the Member State where the good enters or exits the EU.

Import/export licences issued by the United Kingdom on the basis of Union law are no longer valid for imports into the EU or exports from the EU after the end of the transition period.

B. RELEVANT SEPARATION PROVISIONS OF THE WITHDRAWAL AGREEMENT

Article 47(1) of the Withdrawal Agreement provides that, under the conditions set out therein, movements of goods ongoing at the end of the transition period are to be treated as intra-Union movements regarding importation and exportation licencing requirements in EU law.

C. APPLICABLE RULES IN NORTHERN IRELAND AFTER THE END OF THE TRANSITION PERIOD

After the end of the transition period, the Protocol on Ireland/Northern Ireland (“IE/NI Protocol”) applies.19 The IE/NI Protocol is subject to periodic consent of the Northern Ireland Legislative Assembly, the initial period of application extending to 4 years after the end of the transition period.20

18 Cf. the annex to this notice.

19 Article 185 of the Withdrawal Agreement.

20 Article 18 of the IE/NI Protocol.

The IE/NI Protocol makes certain provisions of EU law applicable also to and in the United Kingdom in respect of Northern Ireland. In the IE/NI Protocol, the EU and the United Kingdom have furthermore agreed that insofar as EU rules apply to and in the United Kingdom in respect of Northern Ireland, Northern Ireland is treated as if it were a Member State.21
The IE/NI Protocol provides that prohibitions and restrictions in EU law22 apply to and in the United Kingdom in respect of Northern Ireland.

This means that references to the EU in Parts A and B of this notice have to be understood as including Northern Ireland, whereas references to the United Kingdom have to be understood as referring only to Great Britain.

More specifically, this means inter alia the following:

• Prohibitions and restriction of imports do not apply to shipments from Northern Ireland to the EU;

• Prohibitions and restrictions of imports apply to shipments from Great Britain to Northern Ireland;

• Prohibitions and restrictions of imports apply to shipments from any third country to Northern Ireland;

• Prohibitions and restrictions of exports do not apply to shipments from the EU to Northern Ireland;

• Prohibitions and restrictions of exports apply to shipments from Northern Ireland to third countries;

• Prohibitions and restrictions of exports apply to shipments from Northern Ireland to Great Britain only to the extent strictly required by any international obligations of the EU.23
Regarding more specifically import/export licences (a subset of prohibitions and restrictions), this means the following:

• Where EU rules provide for Member States to issue import/export licences, the United Kingdom in respect of Northern Ireland is responsible for issuing those import/export licences;

• Import/export licences issued by the United Kingdom before the end of the transition period continue to be valid, in respect of Northern Ireland, after the end of the transition period, provided that the requirements continue to be fulfilled.

21 Article 7(1) of the Withdrawal Agreement in conjunction with Article 13(1) of the IE/NI Protocol.

22 Article 5(4) and annex 2 to the IE/NI Protocol. Regarding specifically import/export licences (i.e. a subset of prohibitions and restrictions), see column 4 in the annex to this notice.

23 Article 6(1) of the IE/NI protocol. Regarding specifically import/export licences (i.e. a subset of prohibitions and restrictions), see column 3 in the annex to this notice. Commission services are going to publish additional, sectorial information on this matter in due course.

However, the IE/NI Protocol excludes the possibility for the United Kingdom in respect of Northern Ireland to

• participate in the decision-making and decision-shaping of the Union;24
• initiate objections, safeguard or arbitration procedures to the extent that they concern regulations, standards, assessments, registrations, certificates, approvals and authorisations issued or carried out by EU Member States; 25
• act as leading authority for assessments, examinations and authorisations;26

• invoke mutual recognition of licences issued by the United Kingdom in respect of Northern Ireland.27
More specifically, this means inter alia the following:

• An export licence issued by the United Kingdom in respect of Northern Ireland cannot be invoked for shipments from the EU to a third country;

• An import licence issued by the United Kingdom in respect of Northern Ireland cannot be invoked for shipments from a third country to the EU; and

• The United Kingdom in respect of Northern Ireland cannot issue EU certificates.28

24 Where an information exchange or mutual consultation is necessary, this will take place in the joint consultative working group established by Article 15 of the IE/NI Protocol.

25 Fifth subparagraph of Article 7(3) of the IE/NI Protocol.

26 Article 13(6) of the IE/NI Protocol.

27 First subparagraph of Article 7(3) of the IE/NI Protocol.

28 For example, as provided for in Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds.

ANNEX: GOODS SUBJECT TO IMPORT/EXPORT LICENCES

Goods Legislation, (Directorate-General chef de file) Other comments Reference in Annex 2 to the IE/NI protocol
Environment, climate, and biodiversity
Waste29 Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste30
(DG ENV) Implements the Basel Convention Section 25
Certain hazardous chemicals31 Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals32
(DG ENV) Implements the Rotterdam and Stockholm Convention Section 23
Ozone- depleting substances33 Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer34
(DG CLIMA) Implements the Montreal Protocol Section 26
Mercury and Regulation (EU) No 2017/852 of the European Parliament and of the Implements the Minamata Section 26

29 For more information, please refer to the thematic website: http://ec.europa.eu/environment/waste/shipments/index.htm.

30 OJ L 190, 12.7.2006, p. 1.

31 For more information, please refer to the thematic website: http://ec.europa.eu/environment/chemicals/trade_dangerous/index_en.htm.

32 OJ L 201, 27.7.2012, p. 60.

33 For more information, please refer to the thematic website: https://ec.europa.eu/clima/policies/ozone/ods_en.

34 OJ L 286, 31.10.2009, p. 1.

certain mixtures of
mercury35 Council of 17 May 2017 on mercury36
(DG ENV) Convention
Genetically- modified organisms37 Regulation (EC) No 1946/2003 of the European Parliament and of the Council of 15 July 2003 on transboundary movements of genetically modified organisms38
(DG SANTE) Implements the Cartagena Protocol Section 35
Specimens of endangered species39 Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein40
(DG ENV) Implements the Washington Convention Section 26
Radioactive waste and spent fuel Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of shipments of radioactive waste and spent fuel41
(DG ENER) Section 25

35 For more information, please refer to the thematic website: http://ec.europa.eu/environment/chemicals/mercury/regulation_en.htm.

36 OJ L 137, 24.5.2017, p. 1.

37 For more information, please refer to the thematic website: https://ec.europa.eu/food/plant/gmo/transboundary_en.

38 OJ L 287, 5.11.2003, p. 1.

39 For more information, please refer to the thematic website: http://ec.europa.eu/environment/cites/index_en.htm.

40 OJ L 61, 3.3.1997, p. 1.

41 L 337, 5.12.2006, p. 21..

Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste42
(DG ENER)
Security
Drug precursors43 Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors44
(DG TAXUD) Implements the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances A listing of this Regulation in section 23 is being proposed by the Commission45
“Dual use items”46 Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items47
(DG TRADE) Section 47
Firearms and ammunition
48 Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United
Nations’ Protocol against the illicit manufacturing of and trafficking in Implements the United Nations’ Protocol against
the illicit manufacturing of Section 47

42 OJ L 199, 2. 8. 2011, p. 48.

43 For more information, please refer to the thematic website: https://ec.europa.eu/taxation_customs/business/customs-controls/drug-precursors-control_en.

44 OJ L 22, 26.1.2005, p. 1.

45 Article 164(5)(d) of the Withdrawal Agreement.

46 For more information, please refer to the thematic website: http://ec.europa.eu/trade/import-and-export-rules/export-from-eu/dual-use-controls/

47 OJ L 134, 29.5.2009, p. 1.

48 For more information, please refer to the thematic website: https://ec.europa.eu/home-affairs/what-we-do/policies/organized-crime-and-human-trafficking/trafficking-in-firearms_en.

firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition49)
(DG HOME) and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms
Protocol)
Military technology and
equipment50 Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment51
(EEAS)
Other
Arms embargos Council Decisions (CFSP) adopted pursuant to Article 29 of the TEU (EEAS)

A full list of restrictive measures (sanctions) is available on the EU sanctions map website available at https://www.sanctionsmap.eu/.

Trade restrictions in goods Council Regulations adopted pursuant to Article 215 of the TFEU (EEAS)

A full list of restrictive measures (sanctions) is available on the EU sanctions map website available at https://www.sanctionsmap.eu/.
Section 47

49 OJ L 94, 30.3.2012, p. 1.

50 The EU Common Military List acts as a reference point for Member States’ national military technology and equipment lists, but shall not directly replace them. The latest version of the EU Common Military List was published in OJ C 97, 28.3.2017, p. 1.

51 OJ L 335, 13.12.2008, p. 99.

Cultural goods52 Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goods53
(DG TAXUD) Section 47
Regulation (EU) 2019/880 of the European Parliament and of the Council of 17 April 2019 on the introduction and the import of cultural goods54
(DG TAXUD) Applies at the latest from 8 June 2025 (except Article 3(1), which applies from 28
December 2020) A listing of this Regulation in section 47 is being proposed by the Commission55
Rough diamonds56 Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds57
(DG FPI) Implements the Kimberley Process Certification Scheme Section 47
Certain goods which could be used for
capital Regulation (EU) 2019/125 of 16 January 2019 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment59
(DG FPI) Section 47

52 For more information, please refer to the thematic website: https://ec.europa.eu/taxation_customs/business/customs-controls/cultural-goods_en.

53 OJ L 39, 10.2.2009, p. 1.

54 OJ L 151, 7.6.2019, p. 1.

55 Article 164(5)(d) of the Withdrawal Agreement.

56 For more information, please refer to the thematic website: http://ec.europa.eu/dgs/fpi/what-we-do/kimberley_process_en.htm.

57 OJ L 358, 31.12.2002, p. 28.

punishments/
torture58
Export authorisation or restriction in case of shortage of
essential products Regulation (EU) 2015/479 of the European Parliament and of the Council of 11 March 2015 on common rules for exports60
(DG TRADE) Section 4

59 OJ L 30, 31.1.2019, p. 1.

58 For more information, please refer to the thematic website: http://ec.europa.eu/dgs/fpi/what-we-do/anti-torture_measures_en.htm.

60 OJ L 83, 27.3.2015, p. 34.