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Document 32024R1178
Commission Implementing Regulation (EU) 2024/1178 of 23 April 2024 amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 as regards the creation, modification and management of certain tariff quotas following the free trade agreement between the European Union and New Zealand
Commission Implementing Regulation (EU) 2024/1178 of 23 April 2024 amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 as regards the creation, modification and management of certain tariff quotas following the free trade agreement between the European Union and New Zealand
Commission Implementing Regulation (EU) 2024/1178 of 23 April 2024 amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 as regards the creation, modification and management of certain tariff quotas following the free trade agreement between the European Union and New Zealand
C/2024/2450
OJ L, 2024/1178, 24.4.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/1178/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
Official Journal |
EN L series |
2024/1178 |
24.4.2024 |
COMMISSION IMPLEMENTING REGULATION (EU) 2024/1178
of 23 April 2024
amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 as regards the creation, modification and management of certain tariff quotas following the free trade agreement between the European Union and New Zealand
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 (1), and in particular Article 187 thereof,
Whereas:
(1) |
Commission Implementing Regulation (EU) 2020/761 (2) 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 for that management. |
(2) |
Commission Implementing Regulation (EU) 2020/1988 (3) 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) |
In accordance with Council Decision (EU) 2024/244 (4), the Free Trade Agreement between the European Union and New Zealand (‘the Agreement’) was concluded on 27 November 2023. |
(4) |
The amendments made by that Agreement should be reflected in Annexes I, VIII, IX, XIV and XVI to Implementing Regulation (EU) 2020/761 and in Annexes I, II and V to Implementing Regulation (EU) 2020/1988. |
(5) |
Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 should therefore be amended accordingly. |
(6) |
Transitional provisions are needed to clarify the quantities to be applied in the first year of application, and how to handle the situations that may arise as a result of closing and opening quotas in the same quota period. |
(7) |
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) |
in Article 1, first paragraph, point (m) is replaced by the following:
|
(2) |
in Article 13, paragraph 4 is replaced by the following: ‘4. Unless otherwise provided for in Title III, licences issued for import tariff quotas managed with documents issued by third countries shall be valid from their date of issue until 23.59 (Brussels time) of the 30th calendar day after the last day of validity of the IMA 1 certificates or CA for which they have been issued. That period of validity shall not exceed the end of the tariff quota period. Licences issued for import tariff quotas managed with certificates of eligibility shall be valid from their date of issue until 23.59 (Brussels time) of the last day of the tariff quota period.’ |
(3) |
Article 17 is amended as follows:
|
(4) |
in Article 42, the following subparagraph is inserted after the ninth subparagraph: ‘In accordance with the Free Trade Agreement between the European Union and New Zealand, approved by Council Decision (EU) 2024/244 (*1), tariff quotas are open for imports into the Union of beef subject to the conditions laid down in this Regulation. (*1) Council Decision (EU) 2024/244 of 27 November 2023 on the conclusion, on behalf of the Union, of the Free Trade Agreement between the European Union and New Zealand (OJ L, 2024/244, 28.2.2024, ELI: http://data.europa.eu/eli/dec/2024/244/oj).’;" |
(5) |
in Article 44, paragraph 2 is replaced by the following: ‘2. Upon application for the import licence, applicants shall submit the certificate of authenticity or the certificate of eligibility and a copy thereof to the licence issuing authority. The competent authorities may issue import licences only where they are satisfied that all the information on the certificate of authenticity or on the certificate of eligibility corresponds to that received each week from the Commission. Where only a copy of the certificate of authenticity or of the certificate of eligibility has been presented or where the original of the certificate of authenticity or of the certificate of eligibility has been presented but the information in that document is not in conformity with the information provided by the Commission, the competent authorities shall request the licence applicant to lodge an additional security pursuant to Article 45.’ |
(6) |
Article 45 is amended as follows:
|
(7) |
the following Article 46a is inserted: ‘Article 46a Tariff quota for fresh and frozen beef and veal originating in New Zealand with order number 09.4456 1. This Article applies to tariff quota with order number 09.4456. 2. Issuing an import licence and release for free circulation of quantities imported under the tariff quota referred to in paragraph 1 shall be conditional upon presentation of a certificate of eligibility. 3. Certificates of eligibility shall be drawn up in accordance with the model set out in Annex XIV, point 6. 4. Certificates of eligibility shall be completed in one of the official languages of the Union. 5. Certificates of eligibility shall bear an individual serial number allocated by the issuing authority. 6. Certificates of eligibility shall be valid only if they are duly completed and endorsed by the issuing authority for the import tariff quota concerned. 7. Certificates of eligibility shall be considered to have been 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. 8. Certificates of eligibility shall be valid until the end of the applicable tariff quota period. 9. The conversion factors laid down in Part C of Annex XVI shall be used to convert product weight to carcass weight equivalent for the tariff quota with order number 09.4456.’ |
(8) |
in Article 48, the following paragraph is inserted after the second paragraph: ‘In accordance with the Free Trade Agreement between the European Union and New Zealand, approved by Decision (EU) 2024/244, tariff quotas are open for imports into the Union of milk powders, butter and cheese subject to the conditions laid down in this Regulation.’; |
(9) |
Article 49 is replaced by the following: ‘Article 49 New Zealand WTO cheese tariff quota 1. This Article applies to tariff quota with order number 09.4516. 2. Customs authorities shall indicate the serial number of the IMA 1 certificate in Section 31 of the import licence. 3. IMA 1 certificates shall be drawn up in accordance with the model set out in Annex XIV.5, Part A, point A1.’ |
(10) |
Article 50 is replaced by the following: ‘Article 50 New Zealand WTO butter tariff quotas 1. This Article applies to tariff quotas under order numbers 09.4523, 09.4524 and 09.4525. 2. Customs authorities shall indicate the serial number of the IMA 1 certificate in Section 31 of the import licence. 3. IMA 1 certificates shall be drawn up in accordance with the model set out in Annex XIV.5, Part A, point A2. 4. The quantities notified by the competent authorities to the Commission for tariff quotas under order numbers 09.4523, 09.4524 and 09.4525 shall be broken down by CN code.’ |
(11) |
the following Article 51 is inserted: ‘Article 51 Tariff quotas for milk powder, butter and cheese originating in New Zealand with order numbers 09.4518, 09.4519 and 09.4520 1. This Article applies to tariff quotas with order numbers 09.4518, 09.4519 and 09.4520. 2. Issuing an import licence and release for free circulation of quantities imported under the tariff quotas referred to in paragraph 1 shall be conditional upon presentation of a certificate of eligibility. 3. Certificates of eligibility shall be drawn up in accordance with the model set out in Annex XIV.7. 4. Certificates of eligibility shall be completed in one of the official languages of the Union. 5. Certificates of eligibility shall bear an individual serial number allocated by the issuing authority. 6. Certificates of eligibility shall be valid only if they are duly completed and endorsed by the issuing authority for the import tariff quota concerned. 7. Certificates of eligibility shall be considered to have been 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. 8. Certificates of eligibility shall be valid until the end of the applicable tariff quota period.’ |
(12) |
in Article 52, paragraph 2 is replaced by the following: ‘2. Import licences for those tariff quotas shall cover the total net quantity indicated on the IMA1 certificate or the certificate of eligibility.’ |
(13) |
Article 72 is amended as follows:
|
(14) |
Annexes I, VIII, IX, XIV and XVI 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) |
the following Article 31a is inserted: ‘Article 31a Tariff quotas for fresh, chilled and frozen sheep and goatmeat originating in New Zealand with order numbers 09.7901, 09.7898, 09.7899, 09.7902, 09.7896 and 09.7897 1. This Article applies to tariff quotas with order numbers 09.7901, 09.7898, 09.7899, 09.7902, 09.7896 and 09.7897. 2. Release for free circulation of quantities imported under the tariff quotas referred to in paragraph 1 shall be conditional upon presentation of a certificate of eligibility. 3. Certificates of eligibility shall be drawn up in accordance with the model set out in Annex II, point H. 4. Certificates of eligibility shall be completed in one of the official languages of the Union. 5. Certificates of eligibility shall bear an individual serial number allocated by the issuing authority. 6. Certificates of eligibility shall be valid only if they are duly completed and endorsed by the issuing authority for the import tariff quota concerned. 7. Certificates of eligibility shall be considered to have been 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. 8. Certificates of eligibility shall be valid until the end of the applicable tariff quota period. 9. The conversion factors laid down in Annex V shall be used to convert product weight to carcass weight equivalent for the tariff quotas with order number 09.7901, 09.7898, 09.7899, 09.7902, 09.7896 and 09.7897.’ |
(2) |
in Chapter II, the following Section 9 is added: ‘ SECTION 9 DAIRY PROCESSED AGRICULTURAL PRODUCTS AND HIGH PROTEIN WHEY Article 31b Tariff quota for dairy processed agricultural products and high protein whey originating in New Zealand with order number 09.7903 1. This Article applies to tariff quota with order number 09.7903. 2. Release for free circulation of quantities imported under the tariff quota referred to in paragraph 1 shall be conditional upon presentation of a certificate of eligibility. 3. Certificates of eligibility shall be drawn up in accordance with the model set out in Annex II, point H. 4. Certificates of eligibility shall be completed in one of the official languages of the Union. 5. Certificates of eligibility shall bear an individual serial number allocated by the issuing authority. 6. Certificates of eligibility shall be valid only if they are duly completed and endorsed by the issuing authority for the import tariff quota concerned. 7. Certificates of eligibility shall be considered to have been 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. 8. Certificates of eligibility shall be valid until the end of the applicable tariff quota period.’ |
(3) |
Annexes I and II are amended in accordance with Annex II to this Regulation; |
(4) |
Annex V is added, the text of which is set out in Annex III to this Regulation. |
Article 3
Transitional provisions
1. For the tariff quota period 2024, the quantities to be used for tariff quotas with order numbers 09.4456, 09.4518, 09.4519 and 09.4520 are pro rata quantities calculated for the proportion starting from the entry into application of this Regulation until the end of that tariff quota period.
For the tariff quota period 2024, the quantity of 6 031 000 kg to be used for WTO cheese tariff quota with order number 09.4516 is deducted by the cumulated quantity for which licences have been issued between 1 January and 30 April 2024 for WTO cheese tariff quotas with order numbers 09.4514 and 09.4515.
For the tariff quota period 2024, the quantity of 12 177 000 kg to be used for WTO butter tariff quota with order number 09.4525 is deducted by the cumulated quantity for which licences have been issued between 1 January and 30 April 2024 for WTO butter tariff quotas with order numbers 09.4182 and 09.4195.
2. The licences issued before the entry into application of this Regulation for tariff quotas 09.4182, 09.4195, 09.4454, 09.4514 and 09.4515 shall remain valid until the end of their validity period.
3. For the tariff quota period 2024, the quantities to be used for tariff quotas with order numbers 09.7904, 09.7901, 09.7898, 09.7899, 09.7902, 09.7896, 09.7897, 09.7903 and 09.7905 are pro rata quantities calculated for the proportion starting from the entry into application of this Regulation until the end of that tariff quota period.
Article 4
Entry into force and application
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 May 2024.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 April 2024.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 347, 20.12.2013, p. 671, ELI: http://data.europa.eu/eli/reg/2013/1308/oj.
(2) 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).
(3) 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, ELI: http://data.europa.eu/eli/reg_impl/2020/1988/oj).
(4) Council Decision (EU) 2024/244 of 27 November 2023 on the conclusion, on behalf of the Union, of the Free Trade Agreement between the European Union and New Zealand (OJ L, 2024/244, 28.2.2024, ELI: http://data.europa.eu/eli/dec/2024/244/oj).
ANNEX I
Annexes I, VIII, IX, XIV and XVI to Implementing Regulation (EU) 2020/761 are amended as follows:
(1) |
Annex I is amended as follows:
|
(2) |
Annex VIII is amended as follows:
|
(3) |
Annex IX is amended as follows:
|
(4) |
Annex XIV is amended as follows:
|
(5) |
Annex XVI is amended as follows:
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ANNEX II
Annexes I and II to Implementing Regulation (EU) 2020/1988 are amended as follows:
(1) |
Annex I is amended as follows:
|
(2) |
in Annex II, the following points H and I are added:
|