Commission Implementing Regulation (EU) 2017/1772 of 28 September 2017 opening and providing for the management of Union tariff quotas for certain agricultural products, processed agricultural products and fishery products originating in Canada
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Address https://gelex.eu/eli/EU/regulation/2017/1772@2017-09-28/en
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, and in particular Article 58(1) thereof,
Whereas:
(1) By Council Decision (EU) 2017/38, the Council authorised the provisional application of the Comprehensive Economic and Trade Agreement between Canada of the one part, and the European Union and its Member States, of the other part (the Agreement).
(2) The Agreement stipulates that customs duties on imports into the Union of goods originating in Canada must be reduced or eliminated in accordance with the tariff elimination schedule in Annex 2-A to that Agreement. Annex 2-A provides that for certain goods the reduction or elimination of customs duties is granted within tariff quotas.
(3) Annex 2-A to the Agreement stipulates that the Union is to manage certain of those tariff quotas on a first-come, first-served basis. The Commission should manage those tariff quotas in accordance with the rules on the management of tariff quotas laid down in Commission Implementing Regulation (EU) 2015/2447.
(4) The Agreement provides that in order for goods to benefit from those tariff quotas, they must comply with the rules of origin as set out in Annex 5 to the Protocol on rules of origin and origin procedures attached to that Agreement.
(5) As published in the Official Journal of the European Union, the Agreement is to be applied provisionally from 21 September 2017. In order to ensure the effective application and management of those tariff quotas granted under the Agreement which the Commission shall manage on a first-come first-served basis, this Regulation should apply from 21 September 2017.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Union tariff quotas are opened for goods originating in Canada as set out in the Annex.
Article 2
The goods listed in the Annex originating in Canada and declared for release for free circulation in the Union shall, within the respective tariff quotas set out in the Annex, be exempted from the customs duties applicable to imports into the Union.
Article 3
The tariff quotas set out in the Annex shall be managed in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.
Article 4
In order to be eligible to benefit from the tariff quotas set out in this Regulation, the goods listed in the Annex shall comply with the rules of origin set out in Annex 5 to the Protocol on Rules of Origin and Origin Procedures attached to the Comprehensive Economic and Trade Agreement between Canada of the one part, and the European Union and its Member States, of the other part, and be accompanied by a valid origin declaration as set out in Annex 2 to that Protocol.
Article 5
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall apply from 21 September 2017.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 28 September 2017. For the Commission The President Jean-Claude Juncker
ANNEX
ANNEX
Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products in the fourth column of the table is to be considered as having no more than an indicative value. The preferential scheme is determined, within the context of this Annex, by the scope of the CN codes set out in the second column of the table as applicable at the time of adoption of this Regulation. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN codes and corresponding description of the products in the fourth column of the table taken together. Order No CN code TARIC subdivision Description of products Quota period Quota volume (in tonnes net weight unless otherwise specified) 09.8400 ex02011000 93 Carcases and half-carcases of bison, fresh or chilled From 21.9.2017 to 31.12.2017 841 tonnes carcass weight equivalent From 1.1.2018 to 31.12.2018 and for each year thereafter from 1.1 to 31.12 3000 tonnes carcass weight equivalent ex02012020 93 Compensated quarters of bison with bone in, fresh or chilled ex02012030 93 Unseparated or separated forequarters of bison, with bone in, fresh or chilled ex02012050 93 Unseparated or separated hindquarters of bison, with bone in, fresh or chilled ex02012090 20 Other cuts of bison with bone in, fresh or chilled ex02013000 30 Boneless meat of bison, fresh or chilled ex02021000 20 Carcases and half-carcases of bison, frozen ex02022010 20 Compensated quarters of bison with bone in, frozen ex02022030 20 Unseparated or separated forequarters of bison, with bone in, frozen ex02022050 20 Unseparated or separated hindquarters of bison, with bone in, frozen ex02022090 20 Other cuts of bison with bone in, frozen ex02023010 20 Forequarters, whole or cut into a maximum of five pieces, each quarter being in a single block; compensated quarters in two blocks, one of which contains the forequarter, whole or cut into a maximum of five pieces, and the other, the hindquarter, excluding the tenderloin, in one piece, of bison, boneless and frozen ex02023050 20 Crop, chuck-and-blade and brisket cuts, of bison, boneless and frozen ex02023090 20 Other boneless meat of bison, frozen ex02061095 20 Thick skirt and thin skirt of bison, fresh or chilled ex02062991 31 40 Thick skirt and thin skirt of bison, frozen ex 0210 20 10 10 Meat of bison, with bone in, salted, in brine, dried or smoked ex02102090 91 Boneless meat of bison, salted, in brine, dried or smoked ex02109951 10 Thick skirt and thin skirt of bison, salted, in brine, dried or smoked ex02109959 10 Other offal of bison meat, salted, in brine, dried or smoked 09.8403 03047190 Frozen fillets of cod of the species Gadus morhua and Gadus ogac From 21.9.2017 to 31.12.2017 281 03047910 Frozen fillets of Polar cod (Boreogadus saida) From 1.1.2018 to 31.12.2018 and for each year thereafter from 1.1 to 31.12 1000 09.8404 Frozen, smoked shrimps and prawns, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared, in immediate packings of a net content exceeding 2 kg: From 21.9.2017 to 31.12.2017 6446 From 1.1.2018 to 31.12.2018 and for each year thereafter from 1.1 to 31.12 23000 ex03061691 10 Shrimps of the species Crangon crangon ex03061699 21 31 91 Other cold-water shrimps and prawns (Pandalus spp.) ex03061791 10 Deepwater rose shrimps (Parapenaeus longirostris) ex03061792 21 91 Shrimps of the genus Penaeus ex03061793 10 Shrimps of the family Pandalidae, other than of the genus Pandalus ex03061794 10 Shrimps of the genus Crangon, other than of the species Crangon crangon ex03061799 11 91 Other Not frozen, smoked shrimps and prawns, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared, in immediate packings of a net content exceeding 2 kg: ex03069519 10 Shrimps of the species Crangon crangon ex03069520 21 91 Other cold-water shrimps and prawns (Pandalus spp.) ex03069530 21 91 Shrimps of the family Pandalidae, other than of the genus Pandalus ex03069540 10 Shrimps of the genus Crangon, other than of the species Crangon crangon ex03069590 10 Other 16052190 Prepared or preserved shrimps and prawns not in airtight containers, in immediate packings of a net content exceeding 2 kg 16052900 Prepared or preserved shrimps and prawns in airtight containers 09.8405 07104000 Sweetcorn (uncooked or cooked by steaming or boiling in water), frozen From 21.9.2017 to 31.12.2017 374 20058000 Sweetcorn (Zea mays var. saccharata), prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 From 1.1.2018 to 31.12.2018 2667 From 1.1.2019 to 31.12.2019 4000 From 1.1.2020 to 31.12.2020 5333 From 1.1.2021 to 31.12.2021 6667 From 1.1.2022 to 31.12.2022 and for each year thereafter from 1.1 to 31.12 8000