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Document 32017R1772

    Commission Implementing Regulation (EU) 2017/1772 of 28 September 2017 opening and providing for the management of Union tariff quotas for certain agricultural products, processed agricultural products and fishery products originating in Canada

    C/2017/6471

    OJ L 251, 29.9.2017, p. 13–18 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Legal status of the document In force

    ELI: http://data.europa.eu/eli/reg_impl/2017/1772/oj

    29.9.2017   

    EN

    Official Journal of the European Union

    L 251/13


    COMMISSION IMPLEMENTING REGULATION (EU) 2017/1772

    of 28 September 2017

    opening and providing for the management of Union tariff quotas for certain agricultural products, processed agricultural products and fishery products originating in Canada

    THE EUROPEAN COMMISSION,

    Having regard to the Treaty on the Functioning of the European Union,

    Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 58(1) thereof,

    Whereas:

    (1)

    By Council Decision (EU) 2017/38 (2), the Council authorised the provisional application of the Comprehensive Economic and Trade Agreement between Canada of the one part, and the European Union and its Member States, of the other part (‘the Agreement’).

    (2)

    The Agreement stipulates that customs duties on imports into the Union of goods originating in Canada must be reduced or eliminated in accordance with the tariff elimination schedule in Annex 2-A to that Agreement. Annex 2-A provides that for certain goods the reduction or elimination of customs duties is granted within tariff quotas.

    (3)

    Annex 2-A to the Agreement stipulates that the Union is to manage certain of those tariff quotas on a first-come, first-served basis. The Commission should manage those tariff quotas in accordance with the rules on the management of tariff quotas laid down in Commission Implementing Regulation (EU) 2015/2447 (3).

    (4)

    The Agreement provides that in order for goods to benefit from those tariff quotas, they must comply with the rules of origin as set out in Annex 5 to the Protocol on rules of origin and origin procedures attached to that Agreement.

    (5)

    As published in the Official Journal of the European Union, the Agreement is to be applied provisionally from 21 September 2017 (4). In order to ensure the effective application and management of those tariff quotas granted under the Agreement which the Commission shall manage on a first-come first-served basis, this Regulation should apply from 21 September 2017.

    (6)

    The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

    HAS ADOPTED THIS REGULATION:

    Article 1

    Union tariff quotas are opened for goods originating in Canada as set out in the Annex.

    Article 2

    The goods listed in the Annex originating in Canada and declared for release for free circulation in the Union shall, within the respective tariff quotas set out in the Annex, be exempted from the customs duties applicable to imports into the Union.

    Article 3

    The tariff quotas set out in the Annex shall be managed in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.

    Article 4

    In order to be eligible to benefit from the tariff quotas set out in this Regulation, the goods listed in the Annex shall comply with the rules of origin set out in Annex 5 to the Protocol on Rules of Origin and Origin Procedures attached to the Comprehensive Economic and Trade Agreement between Canada of the one part, and the European Union and its Member States, of the other part, and be accompanied by a valid origin declaration as set out in Annex 2 to that Protocol.

    Article 5

    This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

    It shall apply from 21 September 2017.

    This Regulation shall be binding in its entirety and directly applicable in all Member States.

    Done at Brussels, 28 September 2017.

    For the Commission

    The President

    Jean-Claude JUNCKER


    (1)   OJ L 269, 10.10.2013, p. 1.

    (2)  Council Decision (EU) 2017/38 of 28 October 2016 on the provisional application of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 11, 14.1.2017, p. 1080).

    (3)  Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

    (4)  Notice concerning the provisional application of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 238, 16.9.2017, p. 9).


    ANNEX

    Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products in the fourth column of the table is to be considered as having no more than an indicative value. The preferential scheme is determined, within the context of this Annex, by the scope of the CN codes set out in the second column of the table as applicable at the time of adoption of this Regulation. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN codes and corresponding description of the products in the fourth column of the table taken together.

    Order No

    CN code

    TARIC subdivision

    Description of products

    Quota period

    Quota volume (in tonnes net weight unless otherwise specified)

    09.8400

    ex 0201 10 00

    93

    Carcases and half-carcases of bison, fresh or chilled

    From 21.9.2017 to 31.12.2017

    841 tonnes carcass weight equivalent

    From 1.1.2018 to 31.12.2018 and for each year thereafter from 1.1 to 31.12

    3 000 tonnes carcass weight equivalent

    ex 0201 20 20

    93

    ‘Compensated’ quarters of bison with bone in, fresh or chilled

     

     

    ex 0201 20 30

    93

    Unseparated or separated forequarters of bison, with bone in, fresh or chilled

    ex 0201 20 50

    93

    Unseparated or separated hindquarters of bison, with bone in, fresh or chilled

    ex 0201 20 90

    20

    Other cuts of bison with bone in, fresh or chilled

    ex 0201 30 00  (1)

    30

    Boneless meat of bison, fresh or chilled

    ex 0202 10 00

    20

    Carcases and half-carcases of bison, frozen

    ex 0202 20 10

    20

    ‘Compensated’ quarters of bison with bone in, frozen

    ex 0202 20 30

    20

    Unseparated or separated forequarters of bison, with bone in, frozen

    ex 0202 20 50

    20

    Unseparated or separated hindquarters of bison, with bone in, frozen

    ex 0202 20 90

    20

    Other cuts of bison with bone in, frozen

    ex 0202 30 10  (1)

    20

    Forequarters, whole or cut into a maximum of five pieces, each quarter being in a single block; ‘compensated’ quarters in two blocks, one of which contains the forequarter, whole or cut into a maximum of five pieces, and the other, the hindquarter, excluding the tenderloin, in one piece, of bison, boneless and frozen

    ex 0202 30 50  (1)

    20

    Crop, chuck-and-blade and brisket cuts, of bison, boneless and frozen (2)

    ex 0202 30 90  (1)

    20

    Other boneless meat of bison, frozen

    ex 0206 10 95

    20

    Thick skirt and thin skirt of bison, fresh or chilled

    ex 0206 29 91

    31

    40

    Thick skirt and thin skirt of bison, frozen

    ex 0210 20 10

    10

    Meat of bison, with bone in, salted, in brine, dried or smoked

    ex 0210 20 90  (3)

    91

    Boneless meat of bison, salted, in brine, dried or smoked

    ex 0210 99 51

    10

    Thick skirt and thin skirt of bison, salted, in brine, dried or smoked

    ex 0210 99 59

    10

    Other offal of bison meat, salted, in brine, dried or smoked

    09.8403

    0304 71 90

     

    Frozen fillets of cod of the species Gadus morhua and Gadus ogac

    From 21.9.2017 to 31.12.2017

    281

    0304 79 10

     

    Frozen fillets of Polar cod (Boreogadus saida)

    From 1.1.2018 to 31.12.2018 and for each year thereafter from 1.1 to 31.12

    1 000

    09.8404 (4)

     

     

    Frozen, smoked shrimps and prawns, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared, in immediate packings of a net content exceeding 2 kg:

    From 21.9.2017 to 31.12.2017

    6 446

    From 1.1.2018 to 31.12.2018 and for each year thereafter from 1.1 to 31.12

    23 000

    ex 0306 16 91

    10

    Shrimps of the species Crangon crangon

    ex 0306 16 99

    21

    31

    91

    Other cold-water shrimps and prawns (Pandalus spp.)

    ex 0306 17 91

    10

    Deepwater rose shrimps (Parapenaeus longirostris)

    ex 0306 17 92

    21

    91

    Shrimps of the genus Penaeus

    ex 0306 17 93

    10

    Shrimps of the family Pandalidae, other than of the genus Pandalus

    ex 0306 17 94

    10

    Shrimps of the genus Crangon, other than of the species Crangon crangon

    ex 0306 17 99

    11

    91

    Other

     

     

    Not frozen, smoked shrimps and prawns, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared, in immediate packings of a net content exceeding 2 kg:

    ex 0306 95 19

    10

    Shrimps of the species Crangon crangon

    ex 0306 95 20

    21

    91

    Other cold-water shrimps and prawns (Pandalus spp.)

    ex 0306 95 30

    21

    91

    Shrimps of the family Pandalidae, other than of the genus Pandalus

    ex 0306 95 40

    10

    Shrimps of the genus Crangon, other than of the species Crangon crangon

    ex 0306 95 90

    10

    Other

    1605 21 90

     

    Prepared or preserved shrimps and prawns not in airtight containers, in immediate packings of a net content exceeding 2 kg

    1605 29 00

     

    Prepared or preserved shrimps and prawns in airtight containers

    09.8405

    0710 40 00

     

    Sweetcorn (uncooked or cooked by steaming or boiling in water), frozen

    From 21.9.2017 to 31.12.2017

    374

    2005 80 00

     

    Sweetcorn (Zea mays var. saccharata), prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006

    From 1.1.2018 to 31.12.2018

    2 667

    From 1.1.2019 to 31.12.2019

    4 000

    From 1.1.2020 to 31.12.2020

    5 333

    From 1.1.2021 to 31.12.2021

    6 667

    From 1.1.2022 to 31.12.2022 and for each year thereafter from 1.1 to 31.12

    8 000


    (1)  At the declaration for release for free circulation of this product with a request to benefit from this tariff quota, the economic operator shall declare the order number 09.8401. The coefficient 1,3 shall be applied in the Commission's electronic quotas' system to convert the declared product net weight to carcass weight equivalent.

    (2)  Entry under this subheading is subject to the presentation of a certificate of authenticity issued in accordance with the conditions laid down in Commission Regulation (EEC) No 139/81 (OJ L 15, 17.1.1981, p. 4).

    (3)  At the declaration for release for free circulation of this product with a request to benefit from this tariff quota, the economic operator shall declare the order number 09.8402. The coefficient 1,35 shall be applied in the Commission's electronic quotas' system to convert the declared product net weight to carcass weight equivalent.

    (4)  Prepared or preserved shrimps and prawns exported from Canada under the origin quota applicable under order number 09.8310 as provided under Section B of Appendix A (Origin Quotas) to Annex 5 (Product specific rules of origin) of the Protocol on rules of origin or origin procedures attached to the Comprehensive Economic and Trade Agreement between Canada of the one part, and the European Union and its Member States, of the other part, shall not be imported into the Union under this tariff quota.


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