(1)

By Commission Implementing Regulation (EU) 2019/159 (3) 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 (4) amended Regulation (EU) 2020/2170 of the European Parliament and of the Council (5) 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 (6) (category 8), Stainless Cold Rolled Sheets and Strips (7) (category 9), Rebars (8) (category 13), Large Welded Tubes (9) (category 25.A) and Non-Alloy Wire (10) (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.

(5)

On 6 November 2023 the Commission published a Notice in the Official Journal of the European Union (11) 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 (12) 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.

(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,