Commission Implementing Regulation (EU) 2023/2840of 14 December 2023amending Implementing Regulation (EU) 2019/159 imposing a definitive safeguard measure on imports of certain steel products

Commission Implementing Regulation (EU) 2023/2840 of 14 December 2023 amending Implementing Regulation (EU) 2019/159 imposing a definitive safeguard measure on imports of certain steel products THE EUROPEAN COMMISSION, Having regard to Regulation (EU) 2015/478 of the European Parliament and of the Council of 11 March 2015 on common rules for imports OJ L 83, 27.3.2015, p. 16 (the EU Safeguard Regulation). and in particular Article 20 thereof, Having regard to Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries OJ L 123, 19.5.2015, p. 33. , and in particular Article 16 thereof, Whereas:

1. BACKGROUND (1) By Commission Implementing Regulation (EU) 2019/159 Commission Implementing Regulation (EU) 2019/159 of 31 January 2019 imposing a definitive safeguard measure against imports of certain steel products (OJ L 31, 1.2.2019, p. 27). the Union applies a safeguard measure on imports of certain steel products. The measure takes the form of a tariff-rate quota (TRQ), with imports allowed free-of-duty within a quota based on historical trade flows. The free-of-duty quota is applicable to imports into the Union territory. A safeguard duty of 25 % applies to imports made beyond the applicable quota. (2) Commission Delegated Regulation (EU) 2023/2777 Commission Delegated Regulation (EU) 2023/2777 of 3 October 2023 amending the Annex to Regulation (EU) 2020/2170 of the European Parliament and of the Council as regards the application of Union tariff rate quotas and other import quotas to certain steel products transferred to Northern Ireland (OJ L, 2023/2777, 15.12.2023, ELI: http://data.europa.eu/eli/reg_del/2023/2777/oj). amended Regulation (EU) 2020/2170 of the European Parliament and of the Council Regulation (EU) 2020/2170 of the European Parliament and of the Council of 16 December 2020 on the application of Union tariff rate quotas and other import quotas (OJ L 432 21.12.2020, p. 1) as regards the application of Union tariff rate quotas and other import quotas to certain steel products transferred to Northern Ireland. (3) As a result of this amendment, the following steel product categories in the safeguard measure listed in the Annex to Regulation (EU) 2020/2170, originating in the United Kingdom and brought into Northern Ireland by direct transport from other parts of the United Kingdom shall be eligible for treatment pursuant to the relevant Union tariff rate quotas if those goods are released for free circulation in the territory of Northern Ireland: Stainless Hot Rolled Sheets and Strips CN codes (for information): 72191100, 72191210, 72191290, 72191310, 72191390, 72191410, 72191490, 72192210, 72192290, 72192300, 72192400, 72201100, 72201200. (category 8), Stainless Cold Rolled Sheets and Strips CN codes (for information): 72193100, 72193210, 72193290, 72193310, 72193390, 72193410, 72193490, 72193510, 72193590, 72199020, 72199080, 72202021, 72202029, 72202041, 72202049, 72202081, 72202089, 72209020, 72209080.

(category 9), Rebars CN codes (for information): 72142000, 72149910. (category 13), Large Welded Tubes CN codes (for information): 73051100, 73051200. (category 25.A) and Non-Alloy Wire CN codes (for information): 72171010, 72171031, 72171039, 72171050, 72171090, 72172010, 72172030, 72172050, 72172090, 72173041, 72173049, 72173050, 72173090, 72179020, 72179050, 72179090. (category 28). (4) To ensure that trade flows from other parts of the United Kingdom to Northern Ireland do not take place under residual quota in these categories if the dedicated United Kingdom – Northern Ireland TRQ (UKNI TRQ) has not been first exhausted, the other countries quota for transfers of goods from other parts of the United Kingdom to Northern Ireland should only be used once the respective United Kingdom (to Northern Ireland from other parts of the United Kingdom) quota has been exhausted. Hence, Union users would not be unduly crowded out from the residual quota by trade flows designed to be taking place under a different TRQ. 2. PROCEDURE (5) On 6 November 2023 the Commission published a Notice in the Official Journal of the European Union Notice concerning the creation of certain Tariff Rate Quotas under the steel safeguard measure in connection to the amendment to Regulation (EU) 2020/2170, C(2023)7358 (OJ C, C/2023/591, 6.11.2023, ELI: http://data.europa.eu/eli/C/2023/591/oj). explaining that, following the amendment of Regulation (EU) 2020/2170 it was necessary that the Commission amended Regulation (EU) 2019/159 by creating new dedicated TRQs limited to transfers into Northern Ireland of the product categories included in the Annex to Delegated Regulation (EU) 2023/2777 originating in the United Kingdom and consigned directly from other parts of the United Kingdom. In this way, transfers of products falling within these product categories originating in the United Kingdom and consigned directly from other parts of the United Kingdom could enter Northern Ireland free-of-duty until the allocated quota is exhausted. Interested parties were given the possibility to comment on the content of the Notice. (6) To calculate the adequate volume of the new dedicated TRQs that would ensure, as foreseen in Delegated Regulation (EU) 2023/2777, the economic viability of these direct transfers to Northern Ireland from other parts of the United Kingdom, in view of the specific circumstances in Northern Ireland, the Commission analysed the available statistics Data available from the electronic system set up on the basis of Articles 55 and 56 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558). to calculate the volume of transfers to Northern Ireland from other parts of the United Kingdom. (7) The TRQs created by this Regulation are to be used exclusively by United Kingdom originating goods, as listed in the Annex to Delegated Regulation (EU) 2023/2777, and which are brought into Northern Ireland by direct transport from other parts of the United Kingdom and released for free circulation in the territory of Northern Ireland. Therefore, these new TRQs do not affect the allocation or volumes of existing TRQs for third countries into the Union territory.

1. COMMENTS FROM INTERESTED PARTIES (8) The Notice gave the possibility to interested parties to submit comments within a stipulated deadline. The Commission did not receive any comments from any interested party. (9) The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safeguards established under Article 3(3) of Regulation (EU) 2015/478 and Article 22(3) of Regulation (EU) 2015/755 respectively, HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) 2019/159 is amended as follows: Parts of the table in ANNEX IV, IV.1 – Volumes of tariff–rate quotas, shall read as follows: Product NumberProduct categoryCN CodesAllocation by country (Where Applicable)Year 6Additional duty rateFrom 1.1.2024 to 31.3.2024From 1.4.2024 to 30.6.2024Order number8Stainless Hot Rolled Sheets and Strips72191100, 72191210, 72191290, 72191310, 72191390, 72191410, 72191490, 72192210, 72192290, 72192300, 72192400, 72201100, 72201200Other countries108314,26108314,2625%(10)United Kingdom (to Northern Ireland from other parts of the United Kingdom)13,1313,1325%09.84919Stainless Cold Rolled Sheets and Strips72193100, 72193210, 72193290, 72193310, 72193390, 72193410, 72193490, 72193510, 72193590, 72199020, 72199080, 72202021, 72202029, 72202041, 72202049, 72202081, 72202089, 72209020, 72209080Korea, Republic of49010,5849010,5825%09.8846Taiwan45449,1545449,1525%09.8847India30376,6930376,6925%09.8848South Africa26432,6326432,6325%09.8853United States24714,5224714,5225%09.8849Turkey20565,5720565,5725%09.8850Malaysia13029,2013029,2025%09.8851Other countries52263,5552263,5525%(12)United Kingdom (to Northern Ireland from other parts of the United Kingdom)30,7630,7625%09.849213Rebars72142000, 72149910Turkey93208,7693208,7625%09.8866Russian Federationnot applicablenot applicable25%09.8867Ukraine43393,3943393,3925%09.8868Bosnia and Herzegovina33531,9533531,9525%09.8869Moldova, Republic of28025,1328025,1325%09.8870Other countries136103,03136103,0325%(14) United Kingdom (to Northern Ireland from other parts of the United Kingdom)2127,242127,2425%09.849325.ALarge welded tubes73051100, 73051200Other countries118743,72118743,7225%(25)United Kingdom (to Northern Ireland from other parts of the United Kingdom)13,7013,7025%09.849428Non Alloy Wire72171010, 72171031, 72171039, 72171050, 72171090, 72172010, 72172030, 72172050, 72172090, 72173041, 72173049, 72173050, 72173090, 72179020, 72179050, 72179090Belarusnot applicablenot applicable25%09.8961China77963,7277963,7225%09.8962Russian Federationnot applicablenot applicable25%09.8963Turkey50733,6350733,6325%09.8964Ukraine38259,9738259,9725%09.8965Other countries48776,6248776,6225%(29)United Kingdom (to Northern Ireland from other parts of the United Kingdom)187,47187,4725%09.8495

Article 2

For transfers of goods from other parts of the United Kingdom to Northern Ireland, the respective United Kingdom (to Northern Ireland from other parts of the United Kingdom) quota shall be used first. Only when this quota has been exhausted, those transfers of goods could use the other countries quota for each of the product categories listed in the Annex to Regulation (EU) 2020/2170.