The conditions of Article 84 (e.g. exemption from the guarantee – 84 (3) (l ) Delegated Regulation currently provide, inter alia, that, if the guarantee for the part of the reference amount (not covered by the security) is reduced, the applicant can demonstrate that he has sufficient financial resources to meet the obligations for that part. In the event, for example, of an exemption from the guarantee, the financial resources would have to be kept available for 100% of import duties.
Germany has submitted an amendment to this in the EU Commission. It makes the deletion of this part of that article. Despite a very strong support from the vast majority of Member States, this change has not yet been recognised. The EU Commission is currently working on a counter-proposal to satisfy all Member States with a compromise. This proposal will only be discussed internally, so that it will probably be presented before the summer recess.