Commission Implementing Regulation (EU) 2020/1739 of 20 November 2020 amending and correcting Implementing Regulation (EU) 2020/761 as regards the quantities available for tariff rate quotas for certain agricultural products included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, a tariff quota for poultrymeat originating in Ukraine and a tariff quota for meat of bovine animals originating in Canada
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Address https://gelex.eu/eli/EU/regulation/2020/1739@2020-11-20/en
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, and in particular point (a) of the first paragraph of Article 187 thereof,
Whereas:
(1) Commission Delegated Regulation (EU) 2020/760 and Commission Implementing Regulation (EU) 2020/761 lay down the rules for the management of import and export tariff quotas for agricultural products managed by a system of import and export licences and replace and repeal a certain number of acts that have opened those quotas and provide for specific rules.
(2) Commission Implementing Regulation (EU) 2019/386, which lays down rules on the allocation of tariff rate quotas for certain agricultural products included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, establishes that, from the day from which Article 1(2) of Regulation (EU) 2019/216 of the European Parliament and of the Council applies, the tariff rate quota quantities set out in the Regulations opening the respective tariff rate quotas for certain agricultural products are replaced by the new quantities resulting from the apportionment, as set out in the third column of Annexes I and II to Implementing Regulation (EU) 2019/386. In order to ensure that the quantities of the tariff rate quotas laid down in Implementing Regulation (EU) 2020/761 are consistent with the new quantities of the tariff rate quotas resulting from the apportionment as laid down in the third column of Annex I to Implementing Regulation (EU) 2019/386, the relevant tariff rate quota quantities set out in Annexes II, III, IV, VI, VIII, IX, X and XII to Implementing Regulation (EU) 2020/761 should be amended accordingly.
(3) Following discussions between the Union and the United Kingdom, an agreement on new quantities for four tariff quotas in the rice sector was reached. It is therefore also appropriate to amend the quantities for tariff quotas under order numbers 09.4127, 09.4128, 09.4129 and 09.4130 set out in Annex III to Implementing Regulation (EU) 2020/761.
(4) Commission Implementing Regulation (EU) 2020/94 amends Implementing Regulation (EU) 2015/2078 that provides for the opening and administration of Union import tariff quotas for poultry meat originating in Ukraine, in order to take account of the tariff rate quota quantities and CN codes made available pursuant to an Agreement in the form of an Exchange of Letters between the European Union and Ukraine amending the trade preferences for poultry meat and poultry meat preparations provided for by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, approved by Council Decision (EU) 2019/2145 (the Agreement). It is therefore appropriate to amend the quantity and CN codes of the tariff rate quota under order number 09.4273 set out in Annex XII to Implementing Regulation (EU) 2020/761 in order to take account of the tariff rate quota quantities and CN codes made available pursuant to the Agreement.
(5) It is necessary to correct an editorial error in Annex VIII to Implementing Regulation (EU) 2020/761 as regards the product description for a tariff quota on meat of bovine animals originating in Canada.
(6) Implementing Regulation (EU) 2020/761 should therefore be amended and corrected accordingly.
(7) To ensure legal certainty and in order for the revised quantities of the tariff rate quotas to apply to the licence applications that may be submitted for tariff quotas with a tariff quota period starting on 1 January 2021, this Regulation should enter into force as a matter of urgency on the day following that of its publication in the Official Journal of the European Union.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Article 1 Amendments to Implementing Regulation (EU) 2020/761
Implementing Regulation (EU) 2020/761 is amended as follows:
(1) Annexes II, III, IV, VI, VIII, IX and X are amended as set out in Annex I to this Regulation;
(2) Annex XII is amended as set out in Annex II to this Regulation.
Article 2 Correction to Implementing Regulation (EU) 2020/761
In Annex VIII to Implementing Regulation (EU) 2020/761, for order number 09.4281, the product description Meat of bovine animals, excluding bison, fresh or chilled is replaced by Meat of bovine animals, excluding bison, frozen or other.
Article 3 Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 November 2020. For the Commission The President Ursula von der Leyen
ANNEX
ANNEX I
Annexes II, III, IV, VI, VIII, IX and X to Implementing Regulation (EU) 2020/761 are amended as follows:
(1) in Annex II, for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column: Order number New quantity 09.4123 571943000 kg 09.4125 2285665000 kg, divided as follows: 50 % for each sub-period 09.4131 269214000 kg, divided as follows: 50 % for each sub-period
(2) in Annex III, for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column: Order number New quantity 09.4112 4682000 kg, divided as follows: 4682000 kg for sub-period 1 January to 30 June Carry over from previous sub-periods, for sub-period 1 July to 31 August Carry over from previous sub-periods, for sub-period 1 September to 31 December 09.4116 990000 kg, divided as follows: 990000 kg for sub-period 1 January to 30 June Carry over from previous sub-periods, for sub-period 1 July to 31 August Carry over from previous sub-periods, for sub-period 1 September to 31 December 09.4117 1458000 kg, divided as follows: 1458000 kg for sub-period 1 January to 30 June Carry over from previous sub-periods, for sub-period 1 July to 31 August Carry over from previous sub-periods, for sub-period 1 September to 31 December 09.4118 1370000 kg, divided as follows: 1370000 kg for sub-period 1 January to 30 June Carry over from previous sub-periods, for sub-period 1 July to 31 August Carry over from previous sub-periods, for sub-period 1 September to 31 December 09.4119 3041000 kg, divided as follows: 3041000 kg for sub-period 1 January to 30 June Carry over from previous sub-periods, for sub-period 1 July to 31 August Carry over from previous sub-periods, for sub-period 1 September to 31 December 09.4127 17251000 kg, divided as follows: 4313000 kg for sub-period 1 January to 31 March 8626000 kg for sub-period 1 April to 30 June 4312000 kg for sub-period 1 July to 31 August Carry over from previous sub-periods, for sub-period 1 September to 30 September 09.4128 17728000 kg, divided as follows: 8864000 kg for sub-period 1 January to 31 March 4432000 kg for sub-period 1 April to 30 June 4432000 kg for sub-period 1 July to 31 August Carry over from previous sub-periods, for sub-period 1 September to 30 September 09.4129 220000 kg, divided as follows: 0 kg for sub-period 1 January to 31 March 220000 kg for sub-period 1 April to 30 June Carry over from previous sub-periods, for sub-period 1 July to 31 August Carry over from previous sub-periods, for sub-period 1 September to 30 September 09.4130 1532000 kg, divided as follows: 0 kg for sub-period 1 January to 31 March 1532000 kg for sub-period 1 April to 30 June Carry over from previous sub-periods, for sub-period 1 July to 31 August Carry over from previous sub-periods, for sub-period 1 September to 30 September 09.4148 1416000 kg, divided as follows: 1416000 kg for sub-period 1 January to 30 June Carry over from previous sub-periods, for sub-period 1 July to 30 September Carry over from previous sub-periods, for sub-period 1 October to 31 December 09.4149 48729000 kg, divided as follows: 34110000 kg for sub-period 1 January to 30 June 14619000 kg for sub-period 1 July to 31 December 09.4150 14993000 kg, divided as follows: 50 % for each sub-period 09.4153 8434000 kg, divided as follows: 50 % for each sub-period 09.4154 11245000 kg, divided as follows: 50 % for each sub-period 09.4166 22442000 kg, divided as follows: 7480000 kg for sub-period 1 January to 30 June 14962000 kg for sub-period 1 July to 31 August Carry over for sub-period 1 September to 31 December 09.4168 26581000 kg, divided as follows: 26581000 kg for sub-period 1 September to 30 September Carry over from previous sub-period, for sub-period 1 October to 31 December
(3) in Annex IV, for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column: Order number New quantity 09.4317 4961000 kg 09.4318 TRQ periods until 2023/2024: 308518000 kg TRQ periods from 2024/2025: 380555000 kg 09.4320 260390000 kg 09.4321 5841000 kg 09.4329 TRQ periods until 2021/2022: 72037000 kg TRQ period 2022/2023: 54028000 kg 09.4330 TRQ period 2022/2023: 18009000 kg TRQ period 2023/2024: 54028000 kg
(4) in Annex VI, for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column: Order number New quantity 09.4285 40556000 kg, divided as follows: 10423000 kg for sub-period 1 June to 31 August 10423000 kg for sub-period 1 September to 30 November 9044000 kg for sub-period 1 December to 28/29 February 10666000 kg for sub-period 1 March to 31 May 09.4287 3711000 kg, divided as follows: 822000 kg for sub-period 1 June to 31 August 1726000 kg for sub-period 1 September to 30 November 822000 kg for sub-period 1 December to 28/29 February 341000 kg for sub-period 1 March to 31 May
(5) in Annex VIII, for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column: Order number New quantity 09.4001 1405000 kg expressed in weight of boneless meat 09.4002 11481000 kg product weight, divided as follows: the quantity available for each sub-period shall correspond to one twelfth of the total quantity 09.4003 43732000 kg, boneless equivalent 09.4450 29389000 kg boneless meat 09.4451 2481000 kg product weight 09.4452 5606000 kg boneless meat 09.4453 8951000 kg boneless meat 09.4454 846000 kg product weight 09.4455 711000 kg boneless meat
(6) in Annex IX, for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column: Order number New quantity 09.4182 21230000 kg, divided as follows: 50 % for each sub-period 09.4195 25947000 kg, divided as follows: 50 % for each sub-period 09.4514 4361000 kg 09.4515 1670000 kg 09.4595 14941000 kg, divided as follows: 50 % for each sub-period
(7) in Annex X, for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column: Order number New quantity 09.4038 12680000 kg, divided as follows: 25 % for each sub-period 09.4170 1770000 kg net weight, divided as follows: 25 % for each sub-period 09.4282 TRQ period 2021: 68048000 kg, divided as follows: 25 % for each sub-period TRQ periods from 2022: 80548000 kg, divided as follows: 25 % for each sub-period
ANNEX II
Annex XII to Implementing Regulation (EU) 2020/761 is amended as follows:
(1) for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column: Order number New quantity 09.4067 4054000 kg, divided as follows: 25 % for each sub-period 09.4068 8253000 kg, divided as follows: 25 % for each sub-period 09.4069 2427000 kg, divided as follows: 25 % for each sub-period 09.4211 129930000 kg, divided as follows: 30 % for sub-period 1 July to 30 September 30 % for sub-period 1 October to 31 December 20 % for sub-period 1 January to 31 March 20 % for sub-period 1 April to 30 June 09.4212 68385000 kg, divided as follows: 30 % for sub-period 1 July to 30 September 30 % for sub-period 1 October to 31 December 20 % for sub-period 1 January to 31 March 20 % for sub-period 1 April to 30 June 09.4213 824000 kg 09.4214 52665000 kg, divided as follows: 30 % for sub-period 1 July to 30 September 30 % for sub-period 1 October to 31 December 20 % for sub-period 1 January to 31 March 20 % for sub-period 1 April to 30 June 09.4215 109441000 kg, divided as follows: 30 % for sub-period 1 July to 30 September 30 % for sub-period 1 October to 31 December 20 % for sub-period 1 January to 31 March 20 % for sub-period 1 April to 30 June 09.4216 8471000 kg, divided as follows: 30 % for sub-period 1 July to 30 September 30 % for sub-period 1 October to 31 December 20 % for sub-period 1 January to 31 March 20 % for sub-period 1 April to 30 June 09.4217 89950000 kg, divided as follows: 30 % for sub-period 1 July to 30 September 30 % for sub-period 1 October to 31 December 20 % for sub-period 1 January to 31 March 20 % for sub-period 1 April to 30 June 09.4218 11301000 kg, divided as follows: 30 % for sub-period 1 July to 30 September 30 % for sub-period 1 October to 31 December 20 % for sub-period 1 January to 31 March 20 % for sub-period 1 April to 30 June 09.4251 10969000 kg, divided as follows: 30 % for sub-period 1 July to 30 September 30 % for sub-period 1 October to 31 December 20 % for sub-period 1 January to 31 March 20 % for sub-period 1 April to 30 June 09.4252 59699000 kg, divided as follows: 30 % for sub-period 1 July to 30 September 30 % for sub-period 1 October to 31 December 20 % for sub-period 1 January to 31 March 20 % for sub-period 1 April to 30 June 09.4253 163000 kg 09.4254 8019000 kg, divided as follows: 30 % for sub-period 1 July to 30 September 30 % for sub-period 1 October to 31 December 20 % for sub-period 1 January to 31 March 20 % for sub-period 1 April to 30 June 09.4255 1162000 kg, divided as follows: 30 % for sub-period 1 July to 30 September 30 % for sub-period 1 October to 31 December 20 % for sub-period 1 January to 31 March 20 % for sub-period 1 April to 30 June 09.4256 8572000 kg, divided as follows: 30 % for sub-period 1 July to 30 September 30 % for sub-period 1 October to 31 December 20 % for sub-period 1 January to 31 March 20 % for sub-period 1 April to 30 June 09.4257 0 kg 09.4258 300000 kg 09.4259 278000 kg 09.4260 1669000 kg, divided as follows: 30 % for sub-period 1 July to 30 September 30 % for sub-period 1 October to 31 December 20 % for sub-period 1 January to 31 March 20 % for sub-period 1 April to 30 June 09.4263 159000 kg 09.4264 0 kg 09.4265 58000 kg 09.4410 14479000 kg, divided as follows: 25 % for each sub-period 09.4411 4432000 kg, divided as follows: 25 % for each sub-period 09.4412 2868000 kg, divided as follows: 25 % for each sub-period 09.4420 4227000 kg, divided as follows: 25 % for each sub-period 09.4422 2121000 kg, divided as follows: 25 % for each sub-period
(2) the table concerning order number 09.4273 is replaced by the following: Order number 09.4273 International agreement or other act Council Decision (EU) 2017/1247 of 11 July 2017 on the conclusion, on behalf of the European Union, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other party Council Decision (EU) 2019/2145 of 5 December 2019 on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and Ukraine amending the trade preferences for poultry meat and poultry meat preparations provided for by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part Tariff quota period 1 January to 31 December Tariff quota sub-periods 1 January to 31 March 1 April to 30 June 1 July to 30 September 1 October to 31 December Licence application In accordance with Articles 6, 7 and 8 of this Regulation Product description Meat and edible offal of poultry, fresh, chilled or frozen; other prepared or preserved meat of turkeys and of fowls of the species Gallus domesticus Origin Ukraine Proof of origin at licence application. If yes, body authorised to issue it No Proof of origin for release into free circulation Yes. In accordance with Title V of Protocol 1 to the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part Quantity in kilograms TRQ period as from 2021: 70000000 kg net weight, divided as follows: 25 % for each sub-period CN codes 02071130 02071190 020712 02071310 02071320 02071330 02071350 02071360 02071370 02071399 02071410 02071420 02071430 02071450 02071460 02071470 02071499 020724 020725 02072610 02072620 02072630 02072650 02072660 02072670 02072680 02072699 02072710 02072720 02072730 02072750 02072760 02072770 02072780 02072799 02074130 02074180 020742 02074410 02074421 02074431 02074441 02074451 02074461 02074471 02074481 02074499 02074510 02074521 02074531 02074541 02074551 02074561 02074581 02074599 02075110 02075190 02075290 02075410 02075421 02075431 02075441 02075451 02075461 02075471 02075481 02075499 02075510 02075521 02075531 02075541 02075551 02075561 02075581 02075599 02076005 02076010 ex02076021 (fresh or chilled, halves or quarters of guinea fowls) 02076031 02076041 02076051 02076061 02076081 02076099 02109939 160231 160232 16023921 In-quota customs duty EUR 0 Proof of trade Yes. Proof of trade required only when Article 9(9) of Delegated Regulation (EU) 2020/760 applies. 25 tonnes Security for import licence EUR 75 per 100 kg Specific entries to be made on the licence application and on the licence Section 8 of the import licence application and of the import licence shall indicate the country of origin; box yes in that section shall be crossed Period of validity of a licence In accordance with Article 13 of this Regulation Transferability of licence Yes Reference quantity Yes Operator registered in LORI database Yes Specific conditions No