Delegated Regulation (EU) 2020/760 is amended and corrected as follows:
(1)
recital (18) is replaced by the following:
‘(18)
In order to avoid disrupting trade flows, it is necessary to provide for the continued application of the repealed acts to import licences that were issued on the basis of those acts prior to the application of this Regulation. For the same purpose, it is appropriate to allow licence issuing authorities to establish the reference quantity in accordance with the repealed acts during the first two tariff quota periods starting from 1 January 2021 onwards to which this Regulation applies.’;
(2)
Article 9 is amended as follows:
(a)
paragraph 4 is deleted;
(b)
paragraphs 6 and 7 are replaced by the following:
‘6. By way of derogation from paragraph 2, the reference quantity shall be calculated by cumulating the quantities of products released for free circulation in the Union, which fall within each of the following groups of three or four quota order numbers set out in Annex I to Implementing Regulation (EU) 2020/761:
09.4211, 09.4212, 09.4213 and 09.4290;
09.4214, 09.4215 and 09.4216;
09.4410, 09.4411, 09.4412 and 09.4289.
7. By way of derogation from paragraph 3, for the tariff quotas under order numbers 09.4211, 09.4212, 09.4213 and 09.4290, the total quantity of products covered by licence applications submitted in the tariff quota period for those four tariff quotas shall not exceed the applicant’s total reference quantity for those four tariff quotas. The applicant may choose how to sub-divide the total reference quantity among the tariff quotas for which applications are submitted. This rule shall also apply to tariff quotas under order numbers 09.4214, 09.4215 and 09.4216 and order numbers 09.4410, 09.4411, 09.4412 and 09.4289.’;
(3)
Article 26 is replaced by the following:
‘Article 26
Transitional provisions
In the first two tariff quota periods to which this Regulation applies in accordance with Article 27(2), the licence issuing authority may establish the reference quantity referred to in Article 9 in accordance with the relevant repealed Regulations listed in Article 25.
Where in one or both of the two tariff quota periods before the first tariff quota period to which this Regulation applies in accordance with Article 27(2), a tariff quota that is subject to the reference quantity requirement referred to in Article 9 has not been fully used, operators may choose to establish their reference quantity either in accordance with Article 9(1), or using the two last preceding tariff quota periods where the tariff quota was fully used.’.