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Document 32023R0608
Commission Implementing Regulation (EU) 2023/608 of 17 March 2023 amending Implementing Regulations (EU) 2020/761 and (EU) No 2020/1988 as regards the management system of some tariff quotas following the agreement between the European Union and New Zealand as a consequence of the United Kingdom’s withdrawal from the European Union
Commission Implementing Regulation (EU) 2023/608 of 17 March 2023 amending Implementing Regulations (EU) 2020/761 and (EU) No 2020/1988 as regards the management system of some tariff quotas following the agreement between the European Union and New Zealand as a consequence of the United Kingdom’s withdrawal from the European Union
Commission Implementing Regulation (EU) 2023/608 of 17 March 2023 amending Implementing Regulations (EU) 2020/761 and (EU) No 2020/1988 as regards the management system of some tariff quotas following the agreement between the European Union and New Zealand as a consequence of the United Kingdom’s withdrawal from the European Union
C/2023/1691
OJ L 80, 20.3.2023, p. 31–40
(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
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Modifies | 32020R0761 | Replacement | annex IX table Text | 27/03/2023 | |
Modifies | 32020R0761 | Deletion | article 50 paragraph 3 | 27/03/2023 | |
Modifies | 32020R0761 | Deletion | article 50 paragraph 4 | 27/03/2023 | |
Modifies | 32020R0761 | Deletion | article 51 | 27/03/2023 | |
Modifies | 32020R0761 | Replacement | annex IX table Text | 19/06/2023 | |
Modifies | 32020R0761 | Replacement | annex XIV.5 part A part A1-A6 | 19/06/2023 | |
Modifies | 32020R0761 | Replacement | annex VIII table Text | 01/07/2023 | |
Modifies | 32020R1988 | Replacement | annex I section Text | 01/07/2023 |
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Corrected by | 32023R0608R(01) | (CS) |
20.3.2023 |
EN |
Official Journal of the European Union |
L 80/31 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/608
of 17 March 2023
amending Implementing Regulations (EU) 2020/761 and (EU) No 2020/1988 as regards the management system of some tariff quotas following the agreement between the European Union and New Zealand as a consequence of the United Kingdom’s withdrawal from the European Union
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 and Article 223(3) 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. |
(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) |
The Agreement in the form of an Exchange of Letters between the European Union and New Zealand 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) 2022/2524 (4), amends the conditions applicable to imports from New Zealand under certain tariff quotas. In particular, it amends the quantities of tariff quotas with order numbers 09.0147, 09.2013, 09.2109, 09.2110 and 09.4454. Moreover, it modifies the product description and CN codes of tariff quotas with order numbers 09.4182, 09.4195 and 09.4514, and repeals the rules on the monitoring of the weight and fat content of butter originating in New Zealand. |
(4) |
The new rules on monitoring of the weight and content of butter should be reflected in Parts A1 to A6 of Part A of Annex XIV.5 to Implementing Regulation (EU) 2020/761, and in particular in the templates for the IMA1 certificates for tariff quotas with order numbers 09.4182, 09.4195, 09.4514, 09.4515, 09.4521, and 09.4522. |
(5) |
The amendments made by that Agreement should be reflected in Annexes to Implementing Regulations (EU) 2020/761 and (EU) No 2020/1988. The amendments to Implementing Regulation (EU) 2020/761 should apply as of the entry into force of this Regulation. However, the additional quantity for high quality beef under tariff quota 09.4454 should be made available as of the tariff quota period starting on 1 July 2023. Moreover, the amendments to the product description and CN codes for tariff quotas 09.4182, 09.4195 and 09.4514 should apply on the first day after the 90-day period following the publication of this Regulation. The amendments to Implementing Regulation (EU) 2020/1988 should apply from 1 July 2023. |
(6) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of 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 50, paragraphs 3 and 4 are deleted; |
(2) |
Article 51 is deleted; |
(3) |
Annexes VIII, IX and XIV.5 are amended in accordance with Annex I to this Regulation. |
Article 2
Amendment to Implementing Regulation (EU) 2020/1988
Annex I to Implementing Regulation (EU) 2020/1988 is amended in accordance with Annex II to this Regulation.
Article 3
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.
However:
(a) |
point 1 of Annex I shall apply from 1 July 2023; |
(b) |
point 2(a)(i) and (ii), point (2)(b), and point (3) of Annex I shall apply as from the first day after the 90-day period that follows the publication of this Regulation in the Official Journal of the European Union; |
(c) |
Article 2 shall apply from 1 July 2023. |
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 March 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 347, 20.12.2013, p. 671.
(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).
(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).
(4) Council Decision (EU) 2022/2524 of 12 December 2022 on the conclusion, on behalf of the Union, of the Agreement between the European Union and New Zealand 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 328, 22.12.2022, p. 59).
ANNEX I
Annexes VIII, IX and XIV.5 to Implementing Regulation (EU) 2020/761 are amended as follows:
(1) |
in Annex VIII, in the table relating to the tariff quota with order number 09.4454, the row ‘Quantity in kg’ is replaced by the following:
|
(2) |
Annex IX is amended as follows:
|
(3) |
Parts A1 to A6 of Part A of Annex XIV.5 are replaced by the following: ‘PART A. IMPORT QUOTAS WITH IMA 1 CERTIFICATES A1 – TEMPLATE OF IMA 1 CERTIFICATE FOR TARIFF QUOTAS WITH ORDER NUMBERS 09.4514, 09.4515, 09.4521, 09.4522
A2 – TEMPLATE OF IMA 1 CERTIFICATE FOR TARIFF QUOTAS WITH ORDER NUMBERS 09.4195 AND 09.4182
A3 – DEFINITIONS AND RULES FOR THE COMPLETION AND VERIFICATION OF IMA 1 CERTIFICATES ISSUED FOR TARIFF QUOTAS WITH ORDER NUMBERS 09.4182 AND 09.4195 Definitions For the purposes of Annex XIV.5, Part A, the following definitions apply:
Completion and verification of the IMA 1 certificate An IMA 1 certificate shall cover butter manufactured according to one product-purchasing specification in one plant. It may cover more than one cypher of the same product-purchasing specification from the same plant. The IMA 1 certificate shall be considered to be duly completed and authenticated by an issuing body listed in Part A6, only if it contains all the following information:
A4 – CIRCUMSTANCES UNDER WHICH AN IMA 1 CERTIFICATE OR PART THEREOF MAY BE CANCELLED, AMENDED, REPLACED OR CORRECTED Cancellation of the IMA 1 certificate when full duty is due and paid for non-compliance with compositional requirements Where full duty is paid on a lot because the maximum fat content requirement is not complied with, the corresponding IMA 1 certificate may be cancelled and the IMA 1 issuing body may add the quantities concerned to those for which IMA 1 certificates may be issued for the same quota year. Product destroyed or rendered unfit for sale IMA 1 issuing bodies may cancel an IMA 1 certificate or part thereof for a quantity covered by it which is destroyed or rendered unfit for sale in circumstances beyond the control of the exporter. Where part of the quantity covered by an IMA 1 certificate is destroyed or rendered unfit for sale, a replacement certificate may be issued for the remaining quantity. The replacement certificate shall be valid only up to the same date as the original. In this case, box 17 of the replacement IMA 1 certificate shall contain the words “valid up to 00.00.0000”. Where all or part of the quantity covered by an IMA 1 certificate is destroyed or rendered unfit for sale due to circumstances beyond the exporters’ control, the IMA 1 issuing body may add these quantities to those for which IMA 1 certificates may be issued for the same quota year. Change of Member State of destination When the exporter is obliged to change the Member State of destination indicated on an IMA 1 certificate before a corresponding import licence is issued, the original IMA 1 certificate may be amended by the IMA 1 issuing body. Such an amended original IMA 1 certificate, duly authenticated and appropriately identified by the issuing body, may be presented to the licensing authority and to the customs authorities. Clerical or technical error When a clerical or technical error is discovered on an IMA 1 certificate before a corresponding import licence is issued, the original certificate may be corrected by the issuing body. Such a corrected original IMA 1 certificate may be presented to the licensing authority and to the customs authorities. Exceptional circumstances when a product intended for import in a given year becomes unavailable When, in exceptional circumstances beyond the control of the exporter, a product intended for import in a given year becomes unavailable and the only means of filling the quota, in the light of normal shipping time from the country of origin, is to replace it with a product originally intended for import the following year, the issuing body may issue a new IMA 1 certificate for the replacement quantity, between the sixth and the tenth calendar day after giving due notification to the Commission of the details of the IMA 1 certificate or part thereof to be cancelled for the year concerned and of the first IMA 1 certificate or part thereof issued for the following year to be cancelled. If the Commission considers that this provision does not apply to the circumstances of the case concerned, it may object within seven calendar days, stating the reason for its objection. Where the quantity to be replaced is greater than that covered by the first IMA 1 certificate issued for the following year, the required quantity may be obtained by cancelling additional IMA 1 certificates, in sequence, or part thereof as necessary. All quantities in respect of which IMA 1 certificates or part thereof have been cancelled for the year concerned shall be added to the quantities for which IMA 1 certificates may be issued for that quota year. All quantities brought forward from the following quota year for which an IMA 1 certificate or certificates have been cancelled shall be added back to the quantities for which IMA 1 certificates may be issued for that quota year. A5 – RULES FOR COMPLETING IMA 1 CERTIFICATES In addition to boxes 1, 2, 4, 5, 9, 17 and 18 of the IMA 1 certificate, the following must be completed:
A6 – ISSUING BODIES FOR IMA 1 CERTIFICATES
|
(1) Only for tariff quota with order number 09.4521
(2) Delete as appropriate
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 milk and milk products’, in the table relating to the tariff quota with order number 09.0147, the row ‘Quantity’ is replaced by the following:
|
(2) |
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 09.2109, 09.2110 and 09.2013, the row ‘Quantity’ is replaced by the following:
|