(1)

Commission Implementing Regulation (EU) 2020/761 (4) 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 (5) 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 the Commonwealth of Australia 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) 2021/2234 (6), amends some tariff quotas with regard to the quantities of products to be imported from Australia.

(4)

The Agreement in the form of an Exchange of Letters between the European Union and the Republic of Indonesia 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) 2021/1197 (7), amends some tariff quotas with regard to the quantities of products to be imported from Indonesia.

(5)

The amendments made by those Agreements should be reflected in Annexes to Implementing Regulations (EU) 2020/761 and (EU) 2020/1988.

(6)

Furthermore, in order to ensure transparency, Member States should notify the Commission of the quantities covered by import licences for the tariff quota with order number 09.4003 in addition to those already listed in Article 16(8) of Implementing Regulation (EU) 2020/761.

(7)

The Agreement in the form of an Exchange of Letters between the European Union and Australia eliminates the division in sub-periods for the tariff quota with order number 09.4129. This amendment should be reflected in Article 27 of Implementing Regulation (EU) 2020/761.

(8)

For the tariff quota with order number 09.4002 the tariff quota period starts on 1 July. It is appropriate to clarify in Article 43(9) of Implementing Regulation (EU) 2020/761 that import licences issued before the beginning of the tariff quota period are valid for 3 months from 1 July.

(9)

Article 72(6) of Implementing Regulation (EU) 2020/761 provides that the quantity is to be expressed in whole units, rounded up. To ensure consistency with the rules on rounding laid down in Title II, Group 6 (Goods identification), of Annex D to Commission Delegated Regulation (EU) 2015/2446 (8) and in Article 8(2), point (a), of Commission Implementing Regulation (EU) 2016/1239 (9), the certificates of authenticity and inward monitoring arrangement (IMA1) certificates issued by third countries for the management of certain tariff quotas should indicate the quantity for which they are used rounded to kilograms.

(10)

The Agreement in the form of an Exchange of Letters between the European Union and the Argentine Republic 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) 2021/1213 (10), increased the quantity available for tariff quota with order number 09.4168 for rice originating from all countries except the United Kingdom. That Agreement created also two new tariff quotas with order numbers 9.4289 and 09.4290 for poultry originating from Argentina. Commission Implementing Regulation (EU) 2021/1401 (11) made the corresponding amendments to Implementing Regulation (EU) 2020/761, including in the table for tariff quota 09.4168 in Annex III to that Regulation, and in the tables for the tariff quotas with order numbers 09.4213 and 09.4412 in Annex XII to that Regulation, where Argentina appears among the countries where the products shall not come from. However, that amending act had omitted to adjust the distribution of the new quantity for tariff quota with order number 09.4168 among its sub-periods, as well as to include a reference to Argentina in the row ‘Specific entries to be made on the licence application and on the licence’ in the tables for the tariff quotas with order numbers 09.4213 and 09.4412.

(11)

In Article 47(3) of Implementing Regulation (EU) 2020/761, the temperature of frozen meat is defined with a reference to the entry into the customs territory of the Union, whereas in Implementing Regulation (EU) 2020/1988 reference is made to the release for free circulation in the Union. In order to ensure consistency and avoid any risks of misinterpretation, the wording of Articles 20(1) and 24(1) of Implementing Regulation (EU) 2020/1988 should be aligned with that of Article 47(3) of Implementing Regulation (EU) 2020/761.

(12)

Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 should therefore be amended accordingly.

(13)

The amendments to Implementing Regulation (EU) 2020/761 should apply to tariff quota periods starting after the entry into force of this Regulation. However, the amendments to the tariff quotas with order numbers 09.4129, 09.4521, 09.4522, 09.4213 and 09.4412 should apply as from the first licence application period following the entry into force of this Regulation.

(14)

The amendments to Articles 20(1) and 24(1) of Implementing Regulation (EU) 2020/1988 should apply from the tariff quota periods starting after the entry into force of this Regulation. The amendment concerning the tariff quotas with order numbers 09.0126, 09.2105, 09.2106, and 09.2012 should apply as of the beginning of the ongoing tariff quota periods.

(15)

It is necessary to set certain transitional provisions on the adaptation of ongoing tariff quota periods to the quantities available following the amendments made by this Regulation. In particular, for the tariff quotas with order numbers 09.0126, 09.2105, 09.2106, and 09.2012, operators who imported goods out of quota prior to the entry into force of this Regulation should be reimbursed upon request.

(16)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

(1)

in Article 16, paragraph 8 is replaced by the following:

(2)

Article 27 is amended as follows:

(3)

in Article 43, paragraph 9 is replaced by the following:

(4)

in Article 72, paragraph 6 is replaced by the following:

(5)

Annexes III, IV, VIII, IX, and XII are amended in accordance with Annex I to this Regulation.

(1)

in Article 20, paragraph 1 is replaced by the following:

(2)

in Article 24(1), point (a) is replaced by the following:

(3)

Annex I is amended in accordance with Annex II to this Regulation.