Commission Implementing Regulation (EU) 2022/64 of 17 January 2022 amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 as regards the management system of some tariff quotas and the quantities that may be imported under certain tariff quotas

• CELEX: Implementing Regulation (EU) 2022/64
• Articles: 6

Article 1 Amendments to Implementing Regulation (EU) 2020/761

Implementing Regulation (EU) 2020/761 is amended as follows:

(1)

in Article 16, paragraph 8 is replaced by the following:

‘8.   For the notifications to the Commission referred to in this Regulation and related to beef and veal tariff quotas with order numbers 09.4450, 09.4451, 09.4452, 09.4453, 09.4454, 09.4002, 09.4003, 09.4455, 09.4001 and 09.4004, the quantities shall be expressed in kilograms product weight, per country of origin and per product category as indicated in Part B of Annex XV to this Regulation. However, for the tariff quota with order number 09.4003 the country of origin does not need to be notified.’;

(2)

Article 27 is amended as follows:

(a)

in the third paragraph, the order number ‘09.4129,’ is deleted;

(b)

in the fourth paragraph, the order number ‘09.4129,’ is deleted;

(c)

the fifth paragraph is replaced by the following:

‘Quantities under tariff quotas order numbers 09.4127, 09.4128, and 09.4130 which have not been used or allocated during the previous sub-periods shall be transferred to tariff quota order number 09.4138 as of 1 October of each year. This shall also apply to quantities under tariff quota number 09.4129 that have not been allocated before 1 September or used before 1 October.’;

(3)

in Article 43, paragraph 9 is replaced by the following:

‘9.   Import licences issued for the tariff quota with order number 09.4002 shall be valid for 3 months from their respective dates of issue. Licences issued before the beginning of the tariff quota period shall be valid for 3 months from 1 July.’;

(4)

in Article 72, paragraph 6 is replaced by the following:

‘6.   The licence issuing authority shall note on the certificate of authenticity or IMA 1 certificate and on their copy the licence issue number and the quantity for which that document was used. The quantity shall be expressed in whole units, rounded to the nearest kilogram in accordance with the rules set out in Article 8(2), point (a), of Implementing Regulation (EU) 2016/1239. The certificate of authenticity or IMA 1 certificate shall be kept by the licence issuing authority. The copy shall be returned to the applicant to be used for customs procedures where so indicated in Title III of this Regulation.’;

(5)

Annexes III, IV, VIII, IX, and XII are amended in accordance with Annex I to this Regulation.

Article 2 Amendments to Implementing Regulation (EU) 2020/1988

Implementing Regulation (EU) 2020/1988 is amended as follows:

(1)

in Article 20, paragraph 1 is replaced by the following:

‘1.   For the purposes of this Regulation, for the tariff quotas under order numbers 09.0142 and 09.0143, “frozen thin skirt” shall mean thin skirt which is frozen, with an internal temperature of – 12 °C or lower when it enters the customs territory of the Union.’;

(2)

in Article 24(1), point (a) is replaced by the following:

‘(a)

“frozen meat” means meat with an internal temperature of – 12 °C or lower when it enters the customs territory of the Union;’;

(3)

Annex I is amended in accordance with Annex II to this Regulation.

Article 3 Transitional provisions

1.   Unless otherwise provided in Article 4 to this Regulation or in Annexes II to XII to Implementing Regulation (EU) 2020/761, where the tariff quota period of a given tariff quota has already started on the day of entry into force of this Regulation, the difference between the new quantity and quantities already allocated shall be made available to applications lodged after the entry into force of this Regulation.

2.   For the purposes of Implementing Regulation (EU) 2020/1988, the quantity available for the remainder of the tariff quota period that is ongoing on the day of entry into force of this Regulation shall be the difference between the new quantity and the quantities already allocated before the entry into force of this Regulation.

If for tariff quotas with order numbers 09.2105, 09.2106, and 09.2012 the quantity previously available is exhausted on the day of entry into force of this Regulation, the difference between the new quantity and the previous one shall be allocated to operators following the chronological order of the acceptance date of the customs declaration for release for free circulation. Operators who imported their goods out of quota before the entry into force of this Regulation shall be reimbursed on their request and to the extent that the remaining balance of the tariff quota so permits as long as the difference in duty has already been paid.

For the tariff quota with order number 09.0126, for which there was no quantity available before the entry into force of this Regulation, operators shall be reimbursed on their request and to the extent that the remaining balance of the tariff quota so permits as long as the difference in duty has already been paid.

Article 4 Entry into force and application

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union .

Article 1 shall apply to the tariff quotas concerned from the first tariff quota period starting after the entry into force of this Regulation. However, Article 1, point (2), and points (1), (4) and point (5)(b) of Annex I shall apply from the first licence application period following the entry into force of this Regulation.

Article 2, points (1) and (2), shall apply from the tariff quota periods starting after the entry into force of this Regulation. Article 2, point (3), shall apply as of the beginning of the ongoing tariff quota periods.

Schedules & Appendices

ANNEX I

ANNEX I

Annexes III, IV, VIII, IX and XII to Implementing Regulation (EU) 2020/761 are amended as follows:

(1)

Annex III is amended as follows:

(a)

the table relating to the tariff quota with order number 09.4129 is amended as follows:

(i)

the row ‘Tariff quota sub-periods’ is replaced by the following:

‘ Tariff quota sub-period

1 January to 30 September’

(ii)

the row ‘Quantity in kilograms’ is replaced by the following:

‘ Quantity in kilograms

240 000 kg’

(b)

in the table relating to the tariff quota with order number 09.4168, the row ‘Quantity in kilograms’ is replaced by the following:

‘ Quantity in kilograms

28 360 000 kg, divided as follows:

28 360 000 kg for sub-period 1 September to 30 September

Carry over from previous sub-period, for sub-period 1 October to 31 December’

(2)

in Annex IV, in the table relating to the tariff quota with order number 09.4317, in the row ‘Quantity in kilograms’, the quantity ‘4 961 000 kg’ is replaced by ‘9 925 000 kg’;

(3)

in Annex VIII, in the table relating to the tariff quota with order number 09.4451, in the row ‘Quantity in kg’, the quantity ‘2 481 000 kg’ is replaced by ‘3 389 000 kg’;

(4)

Annex IX is amended as follows:

(a)

in the table relating to the tariff quota with order number 09.4521, in the row ‘Quantity in kg’, the quantity ‘3 711 000 kg’ is replaced by ‘1 113 000 kg’;

(b)

in the table relating to the tariff quota with order number 09.4522, in the row ‘Quantity in kg’, the quantity ‘500 000 kg’ is replaced by ‘150 000 kg’;

(5)

Annex XII is amended as follows:

(a)

in the table relating to the tariff quota with order number 09.4213 the row ‘Specific entries to be made on the licence application and on the licence’ is replaced by the following:

‘ Specific entries to be made on the licence application and on the licence

Licences shall contain in Section 24 the statement “Not to be used for products originating in Brazil, Thailand, Argentina and the United Kingdom”’

(b)

in the table relating to the tariff quota with order number 09.4412 the row ‘Specific entries to be made on the licence application and on the licence’ is replaced by the following:

‘ Specific entries to be made on the licence application and on the licence

Licences shall contain in Section 24 the statement “Not to be used for products originating in Brazil, Thailand, Argentina and the United Kingdom”’

ANNEX II

ANNEX II

Annex I to Implementing Regulation (EU) 2020/1988 is amended as follows:

(1)

in the section under the heading ‘Tariff quotas in the sector of cereals’, after the table relating to tariff quota with order number 09.0125, the following table relating to the tariff quota with order number 09.0126 is inserted:

‘ Order number

09.0126

Specific legal basis

Agreement in the form of an Exchange of Letters between the European Union and the Republic of Indonesia pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union  ( (*) ) , concluded by Council Decision (EU) 2021/1197  ( (**) ) .

Product description and CN codes

Manioc (cassava), yams (Dioscorea spp.), taro (Colocasia spp.), yautia (Xanthosoma spp.), arrowroot, salep and similar roots and tubers with high starch content

ex 0714 10 00 (see TARIC codes) as defined in Article 7 of this Regulation

0714 30 00

0714 40 00

0714 50 00

0714 90 20

TARIC codes

0714100010

0714100099

Origin

Indonesia

Quantity

165 000 000 kg net weight

Tariff quota period

1 January to 31 December

Tariff quota sub-periods

Not applicable

Proof of origin

Certificate of origin issued by competent authorities, in accordance with Article 57 of Implementing Regulation (EU) 2015/2447

In-quota customs duty

6 % ad valorem

Security to be lodged in accordance with Article 2 of Delegated Regulation (EU) 2020/1987

Not applicable

Specific conditions

Not applicable

(2)

in the section under the heading ‘Tariff quotas in the sector of sheepmeat and goatmeat’, in the table relating to the tariff quotas with order numbers 09.2105, 09.2106, 09.2012, in the row ‘Quantity’, the quantity ‘3 837 000 kg’ is replaced by ‘5 851 000 kg’.

( (*) )

OJ L 260, 21.7.2021, p. 3 .

( (**) )   Council Decision (EU) 2021/1197 of 13 July 2021 on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Indonesia pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union ( OJ L 260, 21.7.2021, p. 1 ).’;