Amendments to Implementing Regulation (EU) 2020/1988
Article 3
Implementing Regulation (EU) 2020/1988 is amended as follows: (1) in Article 2, paragraph 2 is replaced by the following: ‘2. Article 53(2), points (b) and (c), and Article 53(3) of Implementing Regulation (EU) 2015/2447 shall not apply to tariff quotas and sub-tariff quotas under order numbers 09.0138, 09.0139, 09.0140, 09.0141, 09.0165, 09.0166, 09.0167, 09.0168, 09.0169, 09.0170, 09.0171, 09.0142, 09.0143, 09.0161, 09.0162, 09.0163, 09.0164, 09.0146, 09.0147, 09.0148, 09.0149, 09.0150, 09.0151, 09.0152, 09.0159, 09.0160, 09.0154, 09.0155, 09.0156, 09.0157 and 09.0158.’ ; (2) Article 4 is amended as follows: (a) paragraph 2 is replaced by the following: ‘2. Where the proof of origin consists of a certificate of origin for products subject to special non-preferential import arrangements, it shall comply with the requirements laid down in Article 15a(1) and Annex XIV.8 to Commission Implementing Regulation (EU) 2020/761 ( *21 ) . If during the transitional period the rules referred to in Article 31c of this Regulation allow so, the third country issuing the document that does not use ELAN can issue the document mentioned in the first subparagraph in compliance with the requirements laid down in Article 57 of Implementing Regulation (EU) 2015/2447. ( *21 ) Commission Implementing Regulation (EU) 2020/761 of 17 December 2019 laying down rules for the application of Regulations (EU) No 1306/2013, (EU) No 1308/2013 and (EU) No 510/2014 of the European Parliament and of the Council as regards the management system of tariff quotas with licences ( OJ L 185, 12.6.2020, p. 24 , ELI: http://data.europa.eu/eli/reg_impl/2020/761/oj ).’;" (b) paragraph 4 is replaced by the following: ‘4. Where additional documents are required, they shall comply with the requirements laid down in Chapter II of and in Annex I to this Regulation or with the requirements laid down in Annex XIV.8 to Implementing Regulation (EU) 2020/761, when the ELAN1L-TCDOC data model applies. In accordance with the transitional rules laid down in Article 31a of this Regulation, if the third country issuing the document does not use ELAN, the documents mentioned in the first subparagraph shall comply with the requirements laid down in Chapter II of and in Annex I to this Regulation.’ ; (3) Article 13 is amended as follows: (a) the title is replaced by the following: ‘ Tariff quotas under order numbers 09.0141, 09.0165, 09.0166, 09.0167, 09.0168, 09.0169, 09.0170 and 09.0171 ’; (b) paragraphs 1 and 2 are replaced by the following: ‘1. Import within the tariff quotas under order numbers 09.0141, 09.0165, 09.0166, 09.0167, 09.0168, 09.0169, 09.0170 and 09.0171 shall be subject to the presentation of a certificate of origin. 2. The certificate of origin referred to in paragraph 1 of this Article shall be issued in accordance with Article 15a(1) of Implementing Regulation (EU) 2020/761. If, in accordance with the transitional rules laid down in Article 31c of this Regulation, the third country issuing the document does not use ELAN, the certificate of origin referred to in paragraph 1 of this Article shall be issued following the model for a certificate of origin set out in Part B of Annex II to this Regulation.’ ; (c) paragraph 5 is replaced by the following: ‘5. The competent authority of Bangladesh shall insert one of the entries listed in Annex III in Section “Special particulars/Special conditions (free text)” in the ELAN1L-TCDOC, subtype “certificate of origin” or, alternatively, if during the transitional periods governed by the rules laid down in Article 31a that authority does not use ELAN, under Section “Remarks” in the certificate of origin.’ ; (d) paragraph 7 is replaced by the following: ‘7. The quantities at stages of milling other than the husked-rice stage shall be converted using the conversion rates set out in Article 1 of Commission Implementing Regulation (EU) 2023/2834 ( *22 ) . ( *22 ) Commission Implementing Regulation (EU) 2023/2834 of 10 October 2023 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards imports in the sectors of rice, cereals, sugar and hops ( OJ L, 2023/2834, 21.12.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2834/oj ).’;" (4) in Article 15, paragraph 1 is replaced by the following: ‘1. Products to be released for free circulation within the tariff quotas under order numbers 09.0025, 09.0027 and 09.0033, shall be accompanied by a certificate of authenticity in accordance with the requirements laid down in Annex XIV.8 to Implementing Regulation (EU) 2020/761, issued by the competent authorities of the country of origin as listed in Annex IV to this Regulation and confirming the products’ specific characteristics as set out in Article 14 of this Regulation. If, in accordance with the transitional rules laid down in Article 31c, the third country issuing the document does not use ELAN, the certificate of authenticity issued by the competent authorities of the country of origin as listed in Annex IV and confirming the products’ specific characteristics as set out in Article 14 shall be issued following the template as set out in Parts C, D and E of Annex II.’ ; (5) in Article 20, paragraph 6 is replaced by the following: ‘6. Certificates of authenticity shall be valid only if they are completed and endorsed by the competent authorities. They shall be issued in compliance with the requirements laid down in Annex XIV.8 to Implementing Regulation (EU) 2020/761. If, in accordance with the transitional rules laid down in Article 31c, the third country issuing the document does not use ELAN, the certificate of authenticity shall be considered duly endorsed if they state the date and place of issue and if they bear a printed seal or the stamp of the issuing authority and the signature of the person or persons empowered to sign them.’ ; (6) Article 25 is amended as follows: (a) paragraphs 2 and 3 are replaced by the following: ‘2. The certificate of authenticity shall be established in accordance with the requirements laid down in Annex XIV.8 to Implementing Regulation (EU) 2020/761 or, alternatively, if allowed by the transitional rules laid down in Article 31c of this Regulation and if the issuing authority of the third country does not use ELAN, in accordance with the model set out in Part G of Annex II to this Regulation. 3. Section “Special particulars/Special conditions”, or the reverse side of the certificate of authenticity issued based on the model set out in Part G of Annex II, shall indicate that the meat originating in the exporting country fulfils the requirements laid down in Article 24.’ ; (b) paragraphs 4, 5 and 6 are deleted; (7) in Article 31, after paragraph 5, the following paragraph 6 is added: ‘6. The document referred to in paragraph 5 of this Article shall be issued in accordance with the requirements laid down in Annex XIV.8 to Implementing Regulation (EU) 2020/761, unless the transitional rules laid down in Article 31c of this Regulation allow the competent authority or agency in the third country of origin to issue it in accordance with Annex I to this Regulation.’ ; (8) Chapter III ‘Final provisions’ is amended as follows: (a) the title of the Chapter is replaced by the following: ‘ TRANSITIONAL AND FINAL PROVISIONS ’; (b) the following Article 31c is inserted: ‘Article 31c Transitional provisions applicable to ELAN1L-TCDOC Where the provisions of this Regulation and Annex I to this Regulation require third countries to issue documents in compliance with Annex XIV.8 to Implementing Regulation (EU) 2020/761, the transitional rules laid down in Articles 72a to 72d of that Implementing Regulation apply.’ ; (9) Annexes I and II are amended in accordance with Annex IV to this Regulation.