# L_2020226EN.01000101.xml

| 15.7.2020 | EN | Official Journal of the European Union | L 226/1 |
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15.7.2020

EN

Official Journal of the European Union

L 226/1

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COMMISSION IMPLEMENTING REGULATION (EU) 2020/1024

of 14 July 2020

opening and providing for the management of Union tariff quotas for certain products originating in the Socialist Republic of Viet Nam

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) | The Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam (‘the Agreement’) was signed on 30 June 2019 in accordance with Council Decision (EU) 2019/1121 (2). The Agreement was concluded, on behalf of the Union, on 12 June 2020 by Council Decision (EU) 2020/753 (3). |
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(1)

The Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam (‘the Agreement’) was signed on 30 June 2019 in accordance with Council Decision (EU) 2019/1121 (2). The Agreement was concluded, on behalf of the Union, on 12 June 2020 by Council Decision (EU) 2020/753 (3).

| (2) | The Agreement stipulates that customs duties on imports into the Union of goods originating in Viet Nam are to be reduced or eliminated in accordance with the tariff schedule set out in Appendix 2-A-1 of Annex 2-A to the Agreement. Annex 2-A further provides that for certain goods the elimination of customs duties is granted within tariff quotas. |
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(2)

The Agreement stipulates that customs duties on imports into the Union of goods originating in Viet Nam are to be reduced or eliminated in accordance with the tariff schedule set out in Appendix 2-A-1 of Annex 2-A to the Agreement. Annex 2-A further provides that for certain goods the elimination of customs duties is granted within tariff quotas.

| (3) | Annex 2-A to the Agreement specifies that the tariff quota is to apply annually and imports are therefore to be managed on a calendar-year basis. However, as the Agreement is applicable from 1 August 2020, the pro-rata quantities for 2020 and the annual quantities for the following years should be laid down in accordance with Section B of Annex 2-A to the Agreement. |
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(3)

Annex 2-A to the Agreement specifies that the tariff quota is to apply annually and imports are therefore to be managed on a calendar-year basis. However, as the Agreement is applicable from 1 August 2020, the pro-rata quantities for 2020 and the annual quantities for the following years should be laid down in accordance with Section B of Annex 2-A to the Agreement.

| (4) | Protocol 1 of the Agreement concerns the definition of the concept of ‘originating products’ and methods of administrative cooperation. On importation into the Union, products originating in Viet Nam are to, benefit from the preferential scheme set out in this Regulation upon submission of any of the proofs of origin described in Article 15(2) of that Protocol. |
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(4)

Protocol 1 of the Agreement concerns the definition of the concept of ‘originating products’ and methods of administrative cooperation. On importation into the Union, products originating in Viet Nam are to, benefit from the preferential scheme set out in this Regulation upon submission of any of the proofs of origin described in Article 15(2) of that Protocol.

| (5) | The tariff quota should be managed by the Commission on the basis of the chronological order of dates of acceptance of customs declarations for release for free circulation in accordance with the rules for the management of tariff quotas laid down in Commission Implementing Regulation (EU) 2015/2447 (4). |
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(5)

The tariff quota should be managed by the Commission on the basis of the chronological order of dates of acceptance of customs declarations for release for free circulation in accordance with the rules for the management of tariff quotas laid down in Commission Implementing Regulation (EU) 2015/2447 (4).

| (6) | The Agreement is to enter into force on 1 August 2020 (5). In order to ensure the effective management and timely application of the quotas set out in the Agreement, this Regulation should apply from that date. |
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(6)

The Agreement is to enter into force on 1 August 2020 (5). In order to ensure the effective management and timely application of the quotas set out in the Agreement, this Regulation should apply from that date.

| (7) | The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
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(7)

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 Viet Nam as set out in the Annex.

Article 2

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

Article 3

The goods listed in the Annex to this Regulation shall comply with the rules of origin set out in Protocol 1 of the Agreement in order to be eligible to benefit from the tariff quotas set out in this Regulation. Products originating in Viet Nam shall, on importation into the Union, benefit from the quotas upon submission of a certificate of origin or an origin declaration as set out in Article 15(2) of Protocol 1 of the Agreement.

Article 4

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

It shall apply from 1 August 2020.

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

Done at Brussels, 14 July 2020.

For the Commission

The President

Ursula VON DER LEYEN

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(1)  
  OJ L 269, 10.10.2013, p. 1.

1

(2)  Council Decision (EU) 2019/1121 of 25 June 2019 on the signing, on behalf of the European Union, of the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam (OJ L 177, 2.7.2019, p. 1).

2

(3)  Council Decision (EU) 2020/753 of 30 March 2020 on the conclusion of the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam (OJ L 186, 12.6.2020, p. 1).

3

(4)  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

(5)  Notice concerning the date of entry into force of the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam (OJ L 207, 30.6.2020, p. 3).

5

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ANNEX

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the scope of the preferential scheme shall be determined, within the context of this Annex, by the CN codes as set out in Annex I to Council Regulation (EEC) No 2658/87 (1), in the version as amended by Commission Implementing Regulation (EU) 2019/1776 (2) and by the description of the product in the fourth column of the table in this Annex, taken together.

| Order No | CN code | TARIC subdivision | Description of products | Quota period | Quota volume (in tonnes net weight unless otherwise specified) | Duty Rate |
| --- | --- | --- | --- | --- | --- | --- |
| 09.8200 | | 0408 11 80
  0408 19 81
  0408 19 89
  0408 91 80
  0408 99 80 | | Birds’ eggs, not in shell, and egg yolks | From 1.8.2020 to 31.12.2020
  From 1.1.2021 to 31.12.2021 and for each calendar year thereafter | 208,334 tonnes
  500 tonnes | 0 % |
| 09.8201 | | 0703 20 00 | | Garlic | From 1.8.2020 to 31.12.2020
  From 1.1.2021 to 31.12.2021 and for each calendar year thereafter | 167,668 tonnes
  400 tonnes | 0 % |
| 09.8202 | ex
  ex | 0710 40 00
  2001 90 30 | 99
  10
  99 | Sweetcorn (Zea mays var. saccharata) other than in cobs with a diameter of 8 mm or more, but not more than 12 mm | From 1.8.2020 to 31.12.2020
  From 1.1.2021 to 31.12.2021 and for each calendar year thereafter | 2 083,334 tonnes
  5 000 tonnes | 0 % |
| ex | 2005 80 00 | 10
  99 |
| 09.8203 | | 1108 14 00 | | Manioc (cassava) starch | From 1.8.2020 to 31.12.2020
  From 1.1.2021 to 31.12.2021 and for each calendar year thereafter | 12 500 tonnes
  30 000 tonnes | 0 % |
| 09.8204 | | 1604 14 21
  1604 14 31
  1604 14 41
  1604 14 28
  1604 14 38
  1604 14 48
  1604 14 90
  1604 19 39
  1604 20 70 | | Tuna, skipjack, bonito and other fish of the genus Euthynnus | From 1.8.2020 to 31.12.2020
  From 1.1.2021 to 31.12.2021 and for each calendar year thereafter | 4 791,668 tonnes
  11 500 tonnes | 0 % |
| 09.8205 | | 1604 20 05 | | Preparations of surimi | From 1.8.2020 to 31.12.2020
  From 1.1.2021 to 31.12.2021 and for each calendar year thereafter | 208,334 tonnes
  500 tonnes | 0 % |
| 09.8206 | | 1701 13 10
  1701 13 90
  1701 14 10
  1701 91 00
  1701 99 10
  1701 99 90
  1702 30 50
  1702 90 50
  1702 90 71
  1702 90 75
  1702 90 79
  1702 90 95
  1806 10 30
  1806 10 90 | | Sugar and other products containing high levels of sugar | From 1.8.2020 to 31.12.2020
  From 1.1.2021 to 31.12.2021 and for each calendar year thereafter | 8 333,334 tonnes (expressed in raw sugar equivalent)
  20 000 tonnes (expressed in raw sugar equivalent) | 0 % |
| 09.8207 | | 1701 14 90 | | Speciality Sugar | From 1.8.2020 to 31.12.2020
  From 1.1.2021 to 31.12.2021 and for each calendar year thereafter | 166,668 tonnes
  400 tonnes | 0 % |
| 09.8208 | | 0711 51 00
  2001 90 50
  2003 10 20
  2003 10 30 | | Mushrooms | From 1.8.2020 to 31.12.2020
  From 1.1.2021 to 31.12.2021 and for each calendar year thereafter | 145,834 tonnes
  350 tonnes | 0 % |
| 09.8209 | | 2207 10 00
  2207 20 00 | | Ethanol | From 1.8.2020 to 31.12.2020
  From 1.1.2021 to 31.12.2021 and for each calendar year thereafter | 416,668 tonnes
  1 000 tonnes | 0 % |
| 09.8210 | | 2905 43 00
  2905 44 11
  2905 44 19
  2905 44 91
  3505 10 10
  3505 10 90
  3824 60 19 | | Mannitol, Sorbitol, Dextrins and other modified starches | From 1.8.2020 to 31.12.2020
  From 1.1.2021 to 31.12.2021 and for each calendar year thereafter | 833,334 tonnes
  2 000 tonnes | 0 % |

Order No

CN code

TARIC subdivision

Description of products

Quota period

Quota volume (in tonnes net weight unless otherwise specified)

Duty Rate

09.8200

0408 11 80

0408 19 81

0408 19 89

0408 91 80

0408 99 80

Birds’ eggs, not in shell, and egg yolks

From 1.8.2020 to 31.12.2020

From 1.1.2021 to 31.12.2021 and for each calendar year thereafter

208,334 tonnes

500 tonnes

0 %

09.8201

0703 20 00

Garlic

From 1.8.2020 to 31.12.2020

From 1.1.2021 to 31.12.2021 and for each calendar year thereafter

167,668 tonnes

400 tonnes

0 %

09.8202

ex

ex

0710 40 00

2001 90 30

99

10

99

Sweetcorn (Zea mays var. saccharata) other than in cobs with a diameter of 8 mm or more, but not more than 12 mm

From 1.8.2020 to 31.12.2020

From 1.1.2021 to 31.12.2021 and for each calendar year thereafter

2 083,334 tonnes

5 000 tonnes

0 %

ex

2005 80 00

10

99

09.8203

1108 14 00

Manioc (cassava) starch

From 1.8.2020 to 31.12.2020

From 1.1.2021 to 31.12.2021 and for each calendar year thereafter

12 500 tonnes

30 000 tonnes

0 %

09.8204

1604 14 21

1604 14 31

1604 14 41

1604 14 28

1604 14 38

1604 14 48

1604 14 90

1604 19 39

1604 20 70

Tuna, skipjack, bonito and other fish of the genus Euthynnus

From 1.8.2020 to 31.12.2020

From 1.1.2021 to 31.12.2021 and for each calendar year thereafter

4 791,668 tonnes

11 500 tonnes

0 %

09.8205

1604 20 05

Preparations of surimi

From 1.8.2020 to 31.12.2020

From 1.1.2021 to 31.12.2021 and for each calendar year thereafter

208,334 tonnes

500 tonnes

0 %

09.8206

1701 13 10

1701 13 90

1701 14 10

1701 91 00

1701 99 10

1701 99 90

1702 30 50

1702 90 50

1702 90 71

1702 90 75

1702 90 79

1702 90 95

1806 10 30

1806 10 90

Sugar and other products containing high levels of sugar

From 1.8.2020 to 31.12.2020

From 1.1.2021 to 31.12.2021 and for each calendar year thereafter

8 333,334 tonnes (expressed in raw sugar equivalent)

20 000 tonnes (expressed in raw sugar equivalent)

0 %

09.8207

1701 14 90

Speciality Sugar

From 1.8.2020 to 31.12.2020

From 1.1.2021 to 31.12.2021 and for each calendar year thereafter

166,668 tonnes

400 tonnes

0 %

09.8208

0711 51 00

2001 90 50

2003 10 20

2003 10 30

Mushrooms

From 1.8.2020 to 31.12.2020

From 1.1.2021 to 31.12.2021 and for each calendar year thereafter

145,834 tonnes

350 tonnes

0 %

09.8209

2207 10 00

2207 20 00

Ethanol

From 1.8.2020 to 31.12.2020

From 1.1.2021 to 31.12.2021 and for each calendar year thereafter

416,668 tonnes

1 000 tonnes

0 %

09.8210

2905 43 00

2905 44 11

2905 44 19

2905 44 91

3505 10 10

3505 10 90

3824 60 19

Mannitol, Sorbitol, Dextrins and other modified starches

From 1.8.2020 to 31.12.2020

From 1.1.2021 to 31.12.2021 and for each calendar year thereafter

833,334 tonnes

2 000 tonnes

0 %

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(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(2)  Commission Implementing Regulation (EU) 2019/1776 of 9 October 2019 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 280, 31.10.2019, p. 1).

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