Commission Implementing Regulation (EU) 2021/1401 of 25 August 2021 amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 as regards the quantities that may be imported under certain tariff quotas

Commission Implementing Regulation (EU) 2021/1401 of 25 August 2021 amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 as regards the quantities that may be imported under certain tariff quotas 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 OJ L 347, 20.12.2013, p. 671. , and in particular Article 187 and Article 223(3) thereof, Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 OJ L 347, 20.12.2013, p. 549. , and in particular Article 66(4) thereof, Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 OJ L 150, 20.5.2014, p. 1. , and in particular Article 9, first paragraph, points (a) to (d), and Article 16(1) thereof, Whereas: (1) Commission Implementing Regulation (EU) 2020/761 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). lays 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 provides for specific rules. (2) Commission Implementing Regulation (EU) 2020/1988 Commission Implementing Regulation (EU) 2020/1988 of 11 November 2020 laying down rules for the application of Regulations (EU) No 1308/2013 and (EU) No 510/2014 of the European Parliament and of the Council as regards the administration of import tariff quotas in accordance with the first come, first served principle (OJ L 422, 14.12.2020, p. 4). lays down the rules for the administration of import tariff quotas designed to be used following the chronological order of dates of acceptance of customs declarations (first come, first served principle). (3) The Agreement between the European Union and the Kingdom of Thailand 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) 2021/1234 Council Decision (EU) 2021/1234 of 13 July 2021 on the conclusion of the Agreement between the European Union and the Kingdom of Thailand 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 274, 30.7.2021, p. 55).

amends some tariff quotas with regard to the quantities of products to be imported from Thailand. (4) The Agreement in the form of an Exchange of Letters between the European Union and the Argentine Republic 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) 2021/1213 Council Decision (EU) 2021/1213 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 Argentine Republic 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 264, 26.7.2021, p. 1). , amends some tariff quotas with regard to the quantities of products to be imported from Argentina. It also amends the management system of tariff quotas under order numbers 09.4099 and 09.4104, and creates two new tariff quotas for poultry originating from Argentina. (5) The amendments made by those Agreements should be reflected in Implementing Regulations (EU) 2020/761 and (EU) 2020/1988. (6) Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 should therefore be amended accordingly. (7) Due to the urgent need to implement those Agreements, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union. This means that the amendments made by this Regulation to Implementing Regulation (EU) 2020/1988 also apply to tariff quota periods that are ongoing on the day of entry into force of this Regulation. The amendments to Implementing Regulation (EU) 2020/761 should apply as from the first licence application period following the entry into force of this Regulation. However, the amendments to the quantities of the tariff quotas under order numbers 09.4412 and 09.4213, as well as those relating to the creation of tariff quotas under order numbers 09.4288, 09.4289 and 09.4290, should apply as of the beginning of the tariff quota periods starting after the entry into force of this Regulation. (8) It is necessary to set certain transitional provisions on the continued application of Articles 38 and 40 of Implementing Regulation (EU) 2020/761 in respect of the ongoing tariff quota periods for the tariff quotas under order numbers 09.4099 and 09.4104, pending the beginning of the first tariff quota period of the tariff quota under order number 09.4288, and on the adaptation of ongoing tariff quota periods to the quantities available following the amendments made by this Regulation. (9) 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) Articles 38 and 40 are deleted; (2) Annexes I, II, III, VI 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) Article 7 is amended as follows: (a) the heading is replaced by the following: Definitions for tariff quotas under order numbers 09.0124, 09.0131, 09.0126, 09.0127, 09.0128, 09.0129 and 09.0130; (b) paragraph 2 is replaced by the following: 2. For tariff quotas under order numbers 09.0126, 09.0127, 09.0128 and 09.0129, the products falling within CN code ex07141000 shall mean products other than pellets obtained from flours and meals falling within CN code 07141000.; (2) Annex I is amended in accordance with Annex II to this Regulation.

Article 3

Transitional provisions

1. Articles 38 and 40 of Implementing Regulation (EU) 2020/761 shall continue to apply to the ongoing tariff quota periods for the tariff quotas under order numbers 09.4099 and 09.4104.
2. Unless otherwise provided 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 the quantities already allocated shall be made available to applications lodged after the entry into force of this Regulation. In case of tariff quota periods divided in sub-periods, the difference between the new quantity and the quantities already allocated shall be distributed equally between the remaining sub-periods.
3. 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. In case of an increase of the quantities set out in Annex I to Implementing Regulation (EU) 2020/1988, if on the day of entry into force of this Regulation the relevant tariff quota period has already started and the quantity previously available is exhausted, the difference between the new quantity and the previous quantity 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 the difference in duty already paid. In case of a decrease of the quantities set out in Annex I to Implementing Regulation (EU) 2020/1988, if on the day of entry into force of this Regulation the relevant tariff quota period has already started and a quantity higher than the quantity as amended by this Regulation has already been released for free circulation, operators shall not be required to pay the full duty for the in-quota quantities imported exceeding the new available volumes.

Article 4

Entry into force and application This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union. Point (2) of Article 1 shall apply to the tariff quotas concerned as from the first licence application period following the entry into force of this Regulation, with the exception of points (1), (4) and (5)(b), (g) and (h) of Annex I, which shall apply to the tariff quota periods starting after the entry into force of this Regulation. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 25 August 2021. For the Commission The President Ursula von der Leyen

Annex

ANNEX I Annexes I, II, III, VI and XII to Implementing Regulation (EU) 2020/761 are amended as follows; (1) Annex I is amended as follows: (a) the rows relating to the tariff quotas with order numbers 09.4099 and 09.4104 are deleted; (b) the following row is inserted after the row for the tariff quota with order number 09.4286: 09.4288Fruits and vegetablesImportEU: simultaneous examinationNoYesNo (c) the following rows are inserted after the row for the tariff quota with order number 09.4283: 09.4289Poultry meatImportEU: simultaneous examinationYesOnly when Article 9(9) of Delegated Regulation (EU) 2020/760 appliesTill end of TRQ periodYes09.4290Poultry meatImportEU: simultaneous examinationYesOnly when Article 9(9) of Delegated Regulation (EU) 2020/760 appliesTill end of TRQ periodYes (2) in Annex II, in the table relating to the tariff quota with order number 09.4131, in the row Quantity in kilograms, the quantity 269214000 kg is replaced by 276440000 kg; (3) in Annex III, in the table relating to the tariff quota with order number 09.4168, in the row Quantity in kilograms, the quantity 26581000 kg is replaced by 28360000 kg; (4) Annex VI is amended as follows: (a) the tables relating to the tariff quotas with order numbers 09.4099 and 09.4104 are deleted; (b) the following table relating to the tariff quota with order number 09.4288 is added: Order number09.4288International agreement or other actCouncil Decision (EU) 2021/1213 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 Argentine Republic 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 UnionTariff quota period1 June to 31 MayTariff quota sub-periods 1 June to 31 August 1 September to 30 November 1 December to 28 February or 29 February, as the case may be 1 March to 31 May Licence applicationIn accordance with Articles 6, 7 and 8 of this RegulationProduct descriptionFresh or chilled garlic falling within CN code 07032000OriginArgentinaProof of origin at licence application. If yes, body authorised to issue itNoProof of origin for release into free circulationNoQuantity in kilograms

19147000 kg, divided as follows: 0 kg for sub-period 1 June to 31 August 0 kg for sub-period 1 September to 30 November 11700000 kg for sub-period 1 December to 28/29 February 7447000 kg for sub-period 1 March to 31 May CN codes07032000In-quota customs duty9,6 % ad valoremProof of tradeYes. 25 tonnesSecurity for import licenceEUR 60 per 1000 kgSpecific entries to be made on the licence application and on the licenceSection 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 licenceIn accordance with Article 13 of this RegulationTransferability of licenceYesReference quantityNoOperator registered in LORI databaseNoSpecific conditionsNo (5) Annex XII is amended as follows: (a) in the table relating to the tariff quota with order number 09.4212, in the row Quantity in kilograms, the quantity 68385000 kg is replaced by 81968000 kg; (b) the table relating to the tariff quota with order number 09.4213 is amended as follows: (i) the row Origin is replaced by the following: OriginAll third countries except Brazil, Thailand, Argentina and United Kingdom (ii) in the row Quantity in kilograms, the quantity 824000 kg is replaced by 368000 kg; (c) in the table relating to the tariff quota with order number 09.4215, in the row Quantity in kilograms, the quantity 109441000 kg is replaced by 53866000 kg; (d) in the table relating to the tariff quota with order number 09.4254, in the row Quantity in kilograms, the quantity 8019000 kg is replaced by 2435000 kg; (e) in the table relating to the tariff quota with order number 09.4255, in the row Quantity in kilograms, the quantity 1162000 kg is replaced by 1940000 kg; (f) in the table relating to the tariff quota with order number 09.4257, in the row Quantity in kilograms, the quantity 0 kg is replaced by 10000 kg; (g) the table relating to the tariff quota with order number 09.4412 is amended as follows: (i) the row Origin is replaced by the following: OriginAll third countries except Brazil, Thailand, Argentina and United Kingdom (ii) in the row Quantity in kilograms, the quantity 2868000 kg is replaced by 788000 kg; (h) the following tables relating to the tariff quotas with order numbers 09.4289 and 09.4290 are added: Order number09.4289International agreement or other actCouncil Decision (EU) 2021/1213 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 Argentine Republic 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 UnionTariff quota period1 January to 31 DecemberTariff quota sub-periods 1 January to 31 March 1 April to 30 June 1 July to 30 September 1 October to 31 December Licence applicationIn accordance with Articles 6, 7 and 8 of this RegulationProduct descriptionChickenOriginArgentinaProof of origin at licence application. If yes, body authorised to issue itNoProof of origin for release into free circulationYes. In accordance with Articles 57, 58 and 59 of Regulation (EU) 2015/2447Quantity in kilograms2080000 kg, divided as follows: 25 % for each subperiodsCN codes

02071410 02071450 02071470 In-quota customs dutyEUR 0Proof of tradeYes. Proof of trade required only when Article 9(9) of Delegated Regulation (EU) 2020/760 applies. 25 tonnesSecurity for import licenceEUR 50 per 100 kgSpecific entries to be made on the licence application and on the licenceSection 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 licenceIn accordance with Article 13 of this RegulationTransferability of licenceYesReference quantityYesOperator registered in LORI databaseYesSpecific conditionsNoOrder number09.4290International agreement or other actCouncil Decision (EU) 2021/1213 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 Argentine Republic 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 UnionTariff quota period1 July to 30 JuneTariff quota sub-periodsNoLicence applicationIn accordance with Articles 6, 7 and 8 of this RegulationProduct descriptionPoultry meat, salted or in brineOriginArgentinaProof of origin at licence application. If yes, body authorised to issue itNoProof of origin for release into free circulationYes. In accordance with Articles 57, 58 and 59 of Regulation (EU) 2015/2447Quantity in kilograms456000 kgCN codesEx02109939In-quota customs duty15,4 %Proof of tradeYes. Proof of trade required only when Article 9(9) of Delegated Regulation (EU) 2020/760 applies. 25 tonnesSecurity for import licenceEUR 50 per 100 kgSpecific entries to be made on the licence application and on the licenceSection 8 of the import licence application and of the import licence shall indicate the country of origin; box yes in that section shall be crossedPeriod of validity of a licenceIn accordance with Article 13 of this RegulationTransferability of licenceYesReference quantityYesOperator registered in LORI databaseYesSpecific conditionsNo

Annex

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, in the table relating to the tariff quota with order number 09.0138, in the row Quantity, the quantity 306812000 kg is replaced by 307105000 kg; (2) the section under the heading Tariff quota in the sector of processed fruits and vegetables and wine is amended as follows: (a) the heading is replaced by Tariff quotas in the sector of processed fruits and vegetables and wine; (b) before the table relating to the tariff quota with order number 09.6715, the following table relating to tariff quota with order number 09.0067 is inserted: Order number09.0067Specific legal basisCouncil Decision (EU) 2021/1213 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 Argentine Republic 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 UnionProduct description and CN codes

Grape juice and must for the production of grape juice and/or non-wine sector products such as non-alcoholic drinks, jams and sauces: ex20096190 (see TARIC codes) ex20096911 (see TARIC codes) ex20096919 (see TARIC codes) ex20096951 (see TARIC codes) ex20096990 (see TARIC codes) TARIC codes 2009619010 2009691111 2009691119 2009691910 2009695110 2009699020 OriginAll third countries except the United KingdomQuantity2525000 kg net weightTariff quota period1 September to 31 AugustTariff quota sub-periodsNot applicableProof of originNot applicableIn-quota customs duty The ad valorem duties indicated for each CN code and, in respect of the products falling within CN code 20096911, the specific duty expressed in euro/kg provided for in the Common Customs Tariff of the European Union: For CN code ex20096190: 22,4 % ad valorem For CN code ex20096911: 40 % ad valorem + EUR 20.6 per 100 kg net weight For CN code ex20096919: 40 % ad valorem For CN code ex20096951: 22,4 % ad valorem For CN code ex20096990: 22,4 % ad valorem Security to be lodged in accordance with Article 2 of Delegated Regulation (EU) 2020/1987Difference between the in-quota customs duty and the erga omnes third-country duty rate.Specific conditionsThe transformation of this grape juice and must shall take place within six months following the release for free circulation of the products concerned (3) the section under the heading Tariff quotas in the sector of beef and veal is amended as follows: (a) in the table relating to the tariff quotas with order numbers 09.0161 and 09.0162, in the row In-quota customs duty, the words 20 % ad valorem are replaced by 15 % ad valorem; (b) in the table relating to the tariff quotas with order numbers 09.0163 and 09.0164, in the row In-quota customs duty, the percentage 20 % is replaced by 15 %; (4) 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 09.2101, 09.2102, 09.2011, in the row Quantity, the quantity 17006000 kg is replaced by 19090000 kg.