Commission Implementing Regulation (EU) 2020/1024 of 14 July 2020 opening and providing for the management of Union tariff quotas for certain products originating in the Socialist Republic of Viet Nam
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Address https://gelex.eu/eli/EU/regulation/2020/1024@2020-07-14/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) The Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam (the Agreement) was signed on 30 June 2019 in accordance with Council Decision (EU) 2019/1121. The Agreement was concluded, on behalf of the Union, on 12 June 2020 by Council Decision (EU) 2020/753.
(2) The Agreement stipulates that customs duties on imports into the Union of goods originating in Viet Nam are to be reduced or eliminated in accordance with the tariff schedule set out in Appendix 2-A-1 of Annex 2-A to the Agreement. Annex 2-A further provides that for certain goods the elimination of customs duties is granted within tariff quotas.
(3) Annex 2-A to the Agreement specifies that the tariff quota is to apply annually and imports are therefore to be managed on a calendar-year basis. However, as the Agreement is applicable from 1 August 2020, the pro-rata quantities for 2020 and the annual quantities for the following years should be laid down in accordance with Section B of Annex 2-A to the Agreement.
(4) Protocol 1 of the Agreement concerns the definition of the concept of originating products and methods of administrative cooperation. On importation into the Union, products originating in Viet Nam are to, benefit from the preferential scheme set out in this Regulation upon submission of any of the proofs of origin described in Article 15(2) of that Protocol.
(5) The tariff quota should be managed by the Commission on the basis of the chronological order of dates of acceptance of customs declarations for release for free circulation in accordance with the rules for the management of tariff quotas laid down in Commission Implementing Regulation (EU) 2015/2447.
(6) The Agreement is to enter into force on 1 August 2020. In order to ensure the effective management and timely application of the quotas set out in the Agreement, this Regulation should apply from that date.
(7) 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 Viet Nam as set out in the Annex.
Article 2
The tariff quotas set out in the Annex to this Regulation shall be managed in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.
Article 3
The goods listed in the Annex to this Regulation shall comply with the rules of origin set out in Protocol 1 of the Agreement in order to be eligible to benefit from the tariff quotas set out in this Regulation. Products originating in Viet Nam shall, on importation into the Union, benefit from the quotas upon submission of a certificate of origin or an origin declaration as set out in Article 15(2) of Protocol 1 of the Agreement.
Article 4
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union. It shall apply from 1 August 2020.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 July 2020. For the Commission The President Ursula von der Leyen
ANNEX
ANNEX
Notwithstanding the rules for the interpretation of the Combined Nomenclature, the scope of the preferential scheme shall be determined, within the context of this Annex, by the CN codes as set out in Annex I to Council Regulation (EEC) No 2658/87, in the version as amended by Commission Implementing Regulation (EU) 2019/1776 and by the description of the product in the fourth column of the table in this Annex, taken together. Order No CN code TARIC subdivision Description of products Quota period Quota volume (in tonnes net weight unless otherwise specified) Duty Rate 09.8200 04081180 04081981 04081989 04089180 04089980 Birds’ eggs, not in shell, and egg yolks From 1.8.2020 to 31.12.2020 From 1.1.2021 to 31.12.2021 and for each calendar year thereafter 208,334 tonnes 500 tonnes 0 % 09.8201 07032000 Garlic From 1.8.2020 to 31.12.2020 From 1.1.2021 to 31.12.2021 and for each calendar year thereafter 167,668 tonnes 400 tonnes 0 % 09.8202 ex ex 07104000 20019030 99 10 99 Sweetcorn (Zea mays var. saccharata) other than in cobs with a diameter of 8 mm or more, but not more than 12 mm From 1.8.2020 to 31.12.2020 From 1.1.2021 to 31.12.2021 and for each calendar year thereafter 2083,334 tonnes 5000 tonnes 0 % ex 20058000 10 99 09.8203 11081400 Manioc (cassava) starch From 1.8.2020 to 31.12.2020 From 1.1.2021 to 31.12.2021 and for each calendar year thereafter 12500 tonnes 30000 tonnes 0 % 09.8204 16041421 16041431 16041441 16041428 16041438 16041448 16041490 16041939 16042070 Tuna, skipjack, bonito and other fish of the genus Euthynnus From 1.8.2020 to 31.12.2020 From 1.1.2021 to 31.12.2021 and for each calendar year thereafter 4791,668 tonnes 11500 tonnes 0 % 09.8205 16042005 Preparations of surimi From 1.8.2020 to 31.12.2020 From 1.1.2021 to 31.12.2021 and for each calendar year thereafter 208,334 tonnes 500 tonnes 0 % 09.8206 17011310 17011390 17011410 17019100 17019910 17019990 17023050 17029050 17029071 17029075 17029079 17029095 18061030 18061090 Sugar and other products containing high levels of sugar From 1.8.2020 to 31.12.2020 From 1.1.2021 to 31.12.2021 and for each calendar year thereafter 8333,334 tonnes (expressed in raw sugar equivalent) 20000 tonnes (expressed in raw sugar equivalent) 0 % 09.8207 17011490 Speciality Sugar From 1.8.2020 to 31.12.2020 From 1.1.2021 to 31.12.2021 and for each calendar year thereafter 166,668 tonnes 400 tonnes 0 % 09.8208 07115100 20019050 20031020 20031030 Mushrooms From 1.8.2020 to 31.12.2020 From 1.1.2021 to 31.12.2021 and for each calendar year thereafter 145,834 tonnes 350 tonnes 0 % 09.8209 22071000 22072000 Ethanol From 1.8.2020 to 31.12.2020 From 1.1.2021 to 31.12.2021 and for each calendar year thereafter 416,668 tonnes 1000 tonnes 0 % 09.8210 29054300 29054411 29054419 29054491 35051010 35051090 38246019 Mannitol, Sorbitol, Dextrins and other modified starches From 1.8.2020 to 31.12.2020 From 1.1.2021 to 31.12.2021 and for each calendar year thereafter 833,334 tonnes 2000 tonnes 0 %