Commission Implementing Regulation (EU) 2023/1629 of 9 August 2023 amending Implementing Regulation (EU) 2020/761 as regards the quantities that may be imported under certain tariff quotas in the sectors of sugar and of poultry following the agreement between the European Union and the Federative Republic of Brazil

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

Annexes IV and XII to Implementing Regulation (EU) 2020/761 are amended in accordance with the Annex to this Regulation.

Article 2Transitional provisions

Where the tariff quota period has already started on the day of entry into force of this Regulation, the difference between the new quantity and the quantities already allocated shall be made available to applications lodged after the entry into force of this Regulation.

The new quantity for tariff quotas 09.4211, 09.4214, 09.4217, 09.4251, 09.4252, 09.4410, and 09.4420 shall follow the rules on distributions among sub-periods provided for in Annex XII to Implementing Regulation (EU) 2020/761. The difference between the quantities allocated and the new quantity that remained unused in the sub-periods expired before the entry into force of this Regulation, shall be allocated as of the first application period following the entry into force of this Regulation.

Article 3Entry 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 .

It shall apply as of the first application period following the entry into force of this Regulation.

ANNEX

ANNEX
Annexes IV and XII to Implementing Regulation (EU) 2020/761 are amended as follows:
(1)
Annex IV is amended as follows:
(a)
the table relating to the tariff quota with order number 09.4318 is amended as follows:
(i)
the row ‘International agreement or other act’ is replaced by the following:
‘ International agreement or other act
Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV.6 negotiations
Council Regulation (EC) No 1894/2006 of 18 December 2006 concerning the implementation of the Agreement in the form of an Exchange of Letters between the European Community and Brazil relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of accession to the European Community, amending and supplementing Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
Council Regulation (EC) No 880/2009 of 7 September 2009 concerning the implementation of the Agreement in the form of an Exchange of Letters between the European Community and Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union, amending and supplementing Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
Council Decision (EU) 2017/730 of 25 April 2017 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union
Council Decision (EU) 2023/1056 of 25 May 2023 on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Federative Republic of Brazil 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’
(ii)
the row ‘Quantity in kilograms’ is replaced by the following:
‘ Quantity in kilograms
TRQ period 2022/2023: 308 518 000 kg.
TRQ period 2023/2024: 285 654 000 kg.
TRQ period 2024/2025: 353 219 000 kg.
TRQ periods from 2025/2026: 363 654 000 kg.’
(b)
after the table for tariff quota with order number 09.4318, the following tables for tariff quota with order number 09.4354 and tariff quota with order number 09.4355 are inserted:
‘ Order number
09.4354
International agreement or other act
Council Decision (EU) 2023/1056 of 25 May 2023 on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Federative Republic of Brazil 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
Tariff quota period
1 October to 30 September
Tariff quota sub-periods
No
Licence application
In accordance with Articles 6, 7 and 8 of this Regulation
Product description
Raw cane sugar for refining
Origin
Brazil
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 Articles 57, 58 and 59 of Implementing Regulation (EU) 2015/2447
Quantity in kilograms
TRQ period 2023/2024: 5 963 000 kg.
TRQ period 2024/2025: 4 472 000 kg.
TRQ periods from 2025/2026: 0 kg.
CN codes
1701 13 10 and 1701 14 10
In-quota customs duty
EUR 11 per 1 000 kg.
Where the polarimetric reading of the imported raw sugar departs from 96 degrees, the rate of EUR 11 per 1 000 kg shall be increased or reduced, as appropriate, by 0,14 % per tenth of a degree difference established (in accordance with Article 34(1), point (d), of this Regulation)
Proof of trade
Yes. 25 tonnes
Security for import licence
EUR 20 per 1 000 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.
Section 20 shall indicate ‘Sugar intended for refining’ and the text as set out in Annex XIV.3 Part A to this Regulation
Period of validity of a licence
Until the end of the third month following that in which they were issued but no longer than 30 September (in accordance with Article 32 of this Regulation)
Transferability of licence
Yes
Reference quantity
No
Operator registered in LORI database
No
Specific conditions
Refining obligation in accordance with Article 34 of this Regulation
Order number
09.4355
International agreement or other act
Council Decision (EU) 2023/1056 of 25 May 2023 on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Federative Republic of Brazil 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
Tariff quota period
1 October to 30 September
Tariff quota sub-periods
No
Licence application
In accordance with Articles 6, 7 and 8 of this Regulation
Product description
Raw cane sugar for refining
Origin
Brazil
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 Articles 57, 58 and 59 of Implementing Regulation (EU) 2015/2447
Quantity in kilograms
TRQ period 2024/2025: 5 963 000 kg.
TRQ periods from 2025/2026: 0 kg.
CN codes
1701 13 10 and 1701 14 10
In-quota customs duty
EUR 54 per 1 000 kg.
Where the polarimetric reading of the imported raw sugar departs from 96 degrees, the rate of EUR 54 per 1 000 kg shall be increased or reduced, as appropriate, by 0,14 % per tenth of a degree difference established (in accordance with Article 34(1), point (d), of this Regulation)
Proof of trade
Yes. 25 tonnes
Security for import licence
EUR 20 per 1 000 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.
Section 20 shall indicate ‘Sugar intended for refining’ and the text as set out in Annex XIV.3 Part A to this Regulation
Period of validity of a licence
Until the end of the third month following that in which they were issued but no longer than 30 September (in accordance with Article 32 of this Regulation)
Transferability of licence
Yes
Reference quantity
No
Operator registered in LORI database
No
Specific conditions
Refining obligation in accordance with Article 34 of this Regulation’
(2)
Annex XII is amended as follows:
(a)
in the table relating to the tariff quota with order number 09.4211, the row ‘Quantity in kilograms’ is replaced by the following:
‘ Quantity in kilograms
124 497 000 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’
(b)
in the table relating to the tariff quota with order number 09.4214, the row ‘Quantity in kilograms’ is replaced by the following:
‘ Quantity in kilograms
37 453 000 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’
(c)
in the table relating to the tariff quota with order number 09.4217, the row ‘Quantity in kilograms’ is replaced by the following:
‘ Quantity in kilograms
91 767 000 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’
(d)
in the table relating to the tariff quota with order number 09.4251, the row ‘Quantity in kilograms’ is replaced by the following:
‘ Quantity in kilograms
13 800 000 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’
(e)
in the table relating to the tariff quota with order number 09.4252, the row ‘Quantity in kilograms’ is replaced by the following:
‘ Quantity in kg
59 343 000 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’
(f)
in the table relating to the tariff quota with order number 09.4253, the row ‘Quantity in kilograms’ is replaced by the following:
‘ Quantity in kilograms
295 000 kg’
(g)
in the table relating to the tariff quota with order number 09.4410, the row ‘Quantity in kilograms’ is replaced by the following:
‘ Quantity in kilograms
15 050 000 kg, divided as follows: 25 % for each sub-period’
(h)
in the table relating to the tariff quota with order number 09.4420, the row ‘Quantity in kilograms’ is replaced by the following:
‘ Quantity in kilograms
4 420 000 kg, divided as follows: 25 % for each sub-period’

Schedules & Appendices

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