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Document 02019R0244-20230318
Commission Implementing Regulation (EU) 2019/244 of 11 February 2019 imposing a definitive countervailing duty on imports of biodiesel originating in Argentina
Consolidated text: Commission Implementing Regulation (EU) 2019/244 of 11 February 2019 imposing a definitive countervailing duty on imports of biodiesel originating in Argentina
Commission Implementing Regulation (EU) 2019/244 of 11 February 2019 imposing a definitive countervailing duty on imports of biodiesel originating in Argentina
02019R0244 — EN — 18.03.2023 — 001.001
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COMMISSION IMPLEMENTING REGULATION (EU) 2019/244 of 11 February 2019 imposing a definitive countervailing duty on imports of biodiesel originating in Argentina (OJ L 040 12.2.2019, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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COMMISSION IMPLEMENTING REGULATION (EU) 2023/592 of 16 March 2023 |
L 79 |
52 |
17.3.2023 |
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Corrected by:
COMMISSION IMPLEMENTING REGULATION (EU) 2019/244
of 11 February 2019
imposing a definitive countervailing duty on imports of biodiesel originating in Argentina
Article 1
The rates of the definitive countervailing duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies listed below shall be as follows:
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Company |
Definitive countervailing duty |
TARIC additional code |
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Aceitera General Deheza S.A. |
33,4 % |
C493 |
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Bunge Argentina S.A. |
33,4 % |
C494 |
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LDC Argentina S.A. |
26,2 % |
C495 |
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Molinos Agro S.A. |
25,0 % |
C496 |
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Viterra Argentina S.A. |
25,0 % |
C497 |
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Vicentin S.A.I.C. |
25,0 % |
C498 |
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COFCO International Argentina S.A. |
28,2 % |
C490 |
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Cargill S.A.C.I. |
28,2 % |
C491 |
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All other companies |
33,4 % |
C999 |
Article 2
The imports mentioned in paragraph 1 shall be exempt from the countervailing duty on condition that:
such imports are accompanied by an undertaking invoice which is a commercial invoice containing at least the elements and the declaration stipulated in Annex 1 of this Regulation; and
such imports are accompanied by an Export Undertaking Certificate according to Annex 2 of this Regulation; and
the goods declared and presented to customs correspond precisely to the description on the undertaking invoice.
A customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation:
whenever it is established, in respect of imports described in paragraph 1, that one or more of the conditions listed in that paragraph and paragraph 2 are not fulfilled; or
when the Commission withdraws its acceptance of the undertaking pursuant to Article 13(9) of Regulation (EU) 2016/1037 in a Regulation or Decision which refers to particular transactions and declares the relevant undertaking invoices as invalid.
Article 3
The companies from which undertakings are accepted by the Commission and whose names are listed in the Implementing Decision (EU) 2019/245 as subsequently amended, and subject to certain conditions specified therein, will also issue an invoice for transactions which are not exempted from the countervailing duty. This invoice is a commercial invoice containing at least the elements stipulated in Annex 3 to this Regulation.
Article 4
Registration of imports resulting from Implementing Regulation (EU) 2018/756 making imports of biodiesel originating in Argentina subject to registration shall be discontinued. No definitive countervailing duty will be levied retroactively for registered imports.
Article 5
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX 1
The following elements shall be indicated in the Commercial Invoice accompanying the Company's sales to the European Union of goods, which are subject to the Undertaking:
The heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING’.
The name of the Company issuing the Commercial Invoice and the name of the Company manufacturing the goods.
The Commercial Invoice number.
The date of issue of the Commercial Invoice.
The TARIC additional code under which the goods on the invoice are to be customs-cleared at the European Union frontier.
The exact plain language description of the goods and:
The description of the terms of the sale, including:
Name of the Company acting as an importer to which the invoice is issued directly by the Company.
The name of the official of the Company that has issued the Commercial Invoice and the following signed declaration:
‘I, the undersigned, certify that the goods sold for export to the European Union covered by this invoice were manufactured by (Company name and address) (TARIC additional code) in Argentina within the scope and under the terms of the Undertaking accepted by the European Commission through Implementing Decision (EU) 2019/245. I declare that the information provided in this invoice is complete and correct.’
ANNEX 2
Export undertaking certificate
The following elements shall be indicated in the Export Undertaking Certificate to be issued by CARBIO for each Commercial Invoice accompanying the Company's sales to the European Union of goods which are subject to the Undertaking:
The name, address and telephone number of the Cámara Argentina de Biocombustibles (‘CARBIO’).
The name of the company mentioned in Implementing Decision (EU) 2019/245 issuing the Commercial Invoice and the name of the Company manufacturing the goods.
The Commercial Invoice number.
The date of issue of the Commercial Invoice.
The TARIC additional code under which the goods on the invoice are to be customs cleared at the European Union frontier.
The exact description of the goods, including:
The precise quantity in units exported expressed in Metric Tons.
The number and expiry date (three months after issuance) of the certificate.
The name of the official of CARBIO that has issued the certificate and the following signed declaration:
‘I, the undersigned, certify that this certificate is given for direct exports to the European Union of the goods covered by the Commercial Invoice accompanying sales made subject to the undertaking and that the certificate is issued within the scope and under the terms of the undertaking offered by [company] and accepted by the European Commission through Implementing Decision (EU) 2019/245. I declare that the information provided in this certificate is correct and that the quantity covered by this certificate is not exceeding the threshold of the undertaking.’
Date.
The signature and seal of CARBIO.
ANNEX 3
The following elements shall be indicated in the Commercial Invoice accompanying the Company's sales to the European Union of goods, which are subject to the countervailing duties:
The heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO COUNTERVAILING DUTIES’.
The name of the Company issuing the Commercial Invoice and the name of the Company manufacturing the goods.
The Commercial Invoice number.
The date of issue of the Commercial Invoice.
The TARIC additional code under which the goods on the invoice are to be customs-cleared at the European Union frontier.
The exact plain language description of the goods and:
The description of the terms of the sale, including:
The name and signature of the official of the Company that has issued the Commercial Invoice.