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

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,

Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (2), and in particular Article 16(1) thereof,

Whereas:

(1) Regulation (EU) No 1308/2013 lays down rules regarding tariff quota management and special treatment of imports by third countries. It also empowers the Commission to adopt delegated and implementing acts in that respect. In order to ensure the smooth functioning of the management of tariff quotas in the new legal framework, certain rules have to be adopted by means of such acts. Those acts should replace a certain number of acts laying down common rules or specific sectoral rules, based on acts adopted pursuant to Article 43(2) or Article 207 of the Treaty on the Functioning of the European Union (‘TFEU’), which are repealed by Commission Delegated Regulation (EU) 2020/1987 (3).

(2) The Union has undertaken in international agreements and in acts adopted pursuant to Article 43(2) and Article 207 TFEU to open tariff quotas for certain agricultural products and in some cases to administer those quotas according to the ‘first come, first served’ principle. Commission Regulations and Commission Implementing Regulations which have opened those quotas and provide for specific rules are repealed by Delegated Regulation (EU) 2020/1987 It is appropriate to maintain those rules, at the same time replacing outdated provisions and streamlining the administration of the tariff quotas.

(3) In the interest of administrative simplification and of transparency, it is appropriate to lay down all the rules for the administration of those tariff quotas in a single Regulation.

(4) Commission Regulations (EC) No 2535/2001 (4) and (EC) No 442/2009 (5), and Commission Implementing Regulation (EU) No 1273/2011 (6) opened and managed certain tariff quotas managed by applying the simultaneous examination method of import licence applications and other tariff quotas managed under the ‘first come, first served’ principle. Those regulations were repealed by Commission Delegated Regulation (EU) 2020/760 (7) that established new rules for the administration of import and export tariff quotas subject to licences. To ensure that also the tariff quotas managed under the ‘first come, first served’ principle in accordance with the repealed Regulations remain operable, it is necessary to provide for management rules for those tariff quotas.

(5) Commission Regulations (EC) No 2535/2001, (EC) No 2305/2003 (8), (EC) No 1964/2006 (9), (EC) No 539/2007 (10), (EC) No 616/2007 (11), (EC) No 1384/2007 (12), (EC) No 1385/2007 (13), (EC) No 412/2008 (14), (EC) No 748/2008 (15), and Commission Implementing Regulations (EU) No 1273/2011, (EU) No 480/2012 (16) and (EU) No 1223/2012 (17) providing for the administration of certain import tariff quotas by applying the simultaneous examination method of import licence applications, as referred to in Article 184(2)(b) of Regulation (EU) No 1308/2013 were repealed by Delegated Regulation (EU) 2020/760. Those tariff quotas should remain open and their management method should be adjusted. The use of the ‘first come, first served’ principle has proved positive in several agricultural sectors for tariff quotas not considered to be sensitive and characterised by limited demand. In the interest of administrative simplification, those import quotas should henceforth be administered in accordance with this principle.

(6) The tariff quotas covered by the repealed Regulations should be managed in accordance with Articles 49 to 54 of Commission Implementing Regulation (EU) 2015/2447 (18) which regulate the management of tariff quotas designed to be used following the chronological order of dates of acceptance of customs declarations (‘first come, first served’ principle).

(7) In order to ensure consistent imports over time for certain tariff quotas, it is appropriate to sub-divide their annual tariff quota period into sub-periods.

(8) Specific provisions should ensure that certain requirements as to the use or quality of imported products are complied with. Imports at reduced or zero in-quota import duty should therefore be made conditional on the submission of a proof by the importer as to the use or quality of the product or on the lodging of a security equal to the difference between the in-quota duty and the conventional (MFN) duty. Where applicable, a reasonable time should be allowed for the processing of the product.

(9) Specific provisions should be laid down to provide for a degree of flexibility in relation to the documentary requirements in case of force majeure, such as a pandemic.

(10) The United Kingdom left the Union on 31 January 2020. The Withdrawal Agreement concluded between the Union and the United Kingdom, which established a transitional period until 31 December 2020, entered into force on 1 February 2020. On the basis of that Agreement, as of 1 July 2020 the United Kingdom has no possibility to request an extension of this transition period beyond 2020. Regulation (EU) 2019/216 of the European Parliament and of the Council (19) provides that from the day following that on which Council Regulation (EC) No 32/2000 (20) ceases to apply to and in the United Kingdom, the tariff rate quotas included in the Union’s schedule of concessions and commitments annexed to the General Agreement on Tariffs and Trade 1994 are to be apportioned between the Union and the United Kingdom based on the EU-27 share in the quota usage set out in the Annex to Regulation (EU) 2019/216. Therefore, this Regulation should include the new EU-27 quantities resulting from the apportionment, as laid down in Regulation (EU) 2019/216 and Commission Implementing Regulation (EU) 2019/386 (21).

(11) 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:

CHAPTER I

SCOPE AND COMMON RULES

Article 1 Scope This Regulation lays down common rules for the administration of the tariff quotas set out in Annex I for agricultural products, in particular as regards: (a) the management method; (b) the tariff quota periods and sub-periods where applicable; (c) the requirements as to processing, end-use and quality which certain products must fulfil in order to be eligible for import within a tariff quota; (d) the procedures and the amount of the security to be lodged for the products referred to in point (c); (e) the supporting documents where applicable. It also lays down specific rules for the administration of certain of those tariff quotas.

Article 2 Management of tariff quotas 1. The tariff quotas set out in Annex I shall be administered by the Union in accordance with the chronological order of dates of acceptance of customs declarations for release for free circulation as laid down in Articles 49 to 54 of Implementing Regulation (EU) 2015/2447. 2. Article 53(2)(b) and (c) and Article 53(3) of Implementing Regulation (EU) 2015/2447 shall not apply to tariff quotas and sub-tariff quotas under order numbers 09.0138, 09.0139, 09.0140, 09.0141, 09.0142, 09.0143, 09.0144, 09.0161, 09.0162, 09.0145, 09.0163, 09.0164, 09.0146, 09.0147, 09.0148, 09.0149, 09.0150, 09.0151, 09.0152, 09.0153, 09.0159, 09.0160, 09.0154, 09.0155, 09.0156, 09.0157 and 09.0158.

Article 3 Tariff quota sub-periods 1. When a tariff quota period is divided into sub-periods, as set out in Annex I, the available tariff quota quantity for a sub-period shall include any quantity unused during the previous tariff quota sub-period. However, quantities unused at the end of a tariff quota period shall not be transferred to the following tariff quota period. 2. When a tariff quota period is divided in sub-periods, the drawings for each sub-period, with the exception of the last one, shall be stopped respectively on the fifth working day of the Commission of the second month following the end of the relevant sub-period.

Article 4 Supporting documents 1. Where a proof of origin is required by Annex I, operators shall present a specific document to the customs authorities of the Union together with the lodging of a customs declaration for release for free circulation for the products concerned. The supporting documents required are set out for each tariff quota in Annex I. 2. Where the proof of origin consists of a certificate of origin for products subject to special non-preferential import arrangements it shall comply with the requirements laid down in Article 57 of Implementing Regulation (EU) 2015/2447. 3. Where the tariff quota is set out as a preferential tariff measure referred to in points (d) and (e) of Article 56(2) of Regulation (EU) No 952/2013 of the European Parliament and of the Council (22), the proof of origin shall be issued or made in accordance with the rules on preferential origin referred to in Article 64 of that Regulation. 4. Where a certificate of authenticity is required, it shall comply with the requirements laid down in Chapter II and Annex II to this Regulation. 5. If necessary, customs authorities may require the declarant or importer to provide any additional evidence needed to prove the origin of the products in accordance with Article 61(2) of Regulation (EU) No 952/2013 or relevant provisions of the trade arrangement concerned.

Article 5 Electronic documents Where the competent authority of a Member State recognises that, due to force majeure, the required official document is not available: (a) that Member State’s competent authority may issue a scanned copy of the original document (paper or electronic), provided that such copy is sent by electronic message from a mailbox belonging to that Member State's competent authorities; (b) the competent authority of a Member State to which the required official document is to be submitted may accept a scanned copy of the original (paper or electronic) document from the operator, accompanied by a written commitment of the operator to submit the original document as soon as feasible. The more flexible requirements set out in the first paragraph shall not exempt the customs authorities of the Member States from their duty of due diligence. They shall be reasonably assured of the authenticity and of the validity of the documents.

Article 6 Checks in third countries The Commission may request the third country to authorise representatives of the Commission to carry out, where required, checks in that third country to verify compliance with requirements or conditions which are a precondition for issuing certificates or other official documents to be presented to the customs authorities of the Union for the release into free circulation of the product in the Union. Those checks shall be performed jointly with the competent authorities of the third country concerned.

CHAPTER II

SPECIFIC SECTORAL RULES

SECTION 1

CEREALS

Article 7 Definitions for tariff quotas under order numbers 09.0124, 09.0131, 09.0127, 09.0128, 09.0129 and 09.0130 1. For tariff quotas under order numbers 09.0124 and 09.0131, for the purposes of the definition of ‘sweet potatoes other than those intended for human consumption’, sweet potatoes shall be deemed to be for human consumption within the meaning of CN code 0714 20 10 if they are fresh, whole and put up in immediate packings of 28 kg or less at the time of the customs formalities for release for free circulation. 2. For tariff quotas under order numbers 09.0127, 09.0128 and 09.0129, the products falling within CN code ex 0714 10 00 shall mean products other than pellets obtained from flours and meals falling within CN code 0714 10 00. 3. For the tariff quota under order number 09.0130, the products falling within CN code ex 0714 10 00, ex 0714 30 00, ex 0714 40 00, ex 0714 50 00 and ex 0714 90 20 shall mean products of a kind used for human consumption, in immediate packings of a net content not exceeding 28 kg, either fresh and whole or without skin and frozen, whether or not sliced.

Article 8 Definitions for tariff quota under order number 09.0076 For the tariff quota under order number 09.0076, the following definitions apply: (a) ‘damaged grains’ shall mean grains of barley, other cereals or wild oats that display damage, including deterioration caused by disease, frost, heat, insects or fungus, bad weather and all other forms of physical damage; (b) ‘sound and fair merchantable barley’ shall mean barley grains or pieces of grain that are not damaged, as defined in point (a), except grains damaged by frost or fungus.

Article 9 Quality requirements for tariff quota under order number 09.0076 1. Barley shall be eligible for import within the tariff quota under order number 09.0076 if it fulfils the following requirements: (a) specific weight: minimum 60,5 kg/hl; (b) damaged grains: maximum 1 %; (c) moisture content: maximum 13,5 %; (d) sound and fair merchantable grains: minimum 96 %. 2. Compliance with the quality requirements set out in paragraph 1 shall be certified by one of the following documents: (a) a certificate of analysis carried out at the importer’s request by the customs office of release for free circulation; or (b) a certificate of conformity for the imported barley issued by a government authority of the country of origin and recognised by the Commission. 3. In accordance with Article 254 of Regulation (EU) No 952/2013 barley shall be subject to customs supervision, to ensure that: (a) it is malted within 6 months from the date of release for free circulation; and (b) the resulting malt is used in the manufacture of beer aged in vats containing beechwood within no more than 150 days following the date on which barley is processed into malt. Processing of the imported barley into malt shall be deemed to have taken place when the malting barley has undergone steeping. 4. The amounts of the security to be lodged by operators to ensure that the requirement referred to in paragraph 3 is complied with are set out in Annex I. 5. The security provided for in paragraph 4 shall be released immediately where proof is presented to the customs authorities concerned that: (a) the quality of the barley, established on the basis of the certificate of conformity or the analysis certificate, meets the requirements laid down in paragraph 1; (b) the processing requirement laid down in paragraph 3 has been complied with within the timeframe specified. 6. Certificates issued by the United States’ Federal Grain Inspection Service (FGIS) for malting barley to be used in the production of beer aged in vats containing beechwood, as set out in Part A of Annex II, shall be officially recognised by the Commission under the administrative cooperation procedure referred to in Articles 58 and 59 of Implementing Regulation (EU) 2015/2447. If the analytical parameters entered in the certificate of conformity issued by the FGIS indicate conformity with the malting barley quality requirements laid down in paragraph 1 of this Article, samples shall be taken on the basis of a risk analysis in accordance with Article 46 of Regulation (EU) No 952/2013 and shall be of at least 3 % of the product released for free circulation during the tariff quota period in question. Member States shall receive a copy of the stamps authorised by the United States Government by the most appropriate means.

Article 10 Tariff quotas under order numbers 09.0689 and 09.0779 1. Products imported within the tariff quota under order number 09.0689 shall be released into free circulation upon presentation of a proof of origin in accordance with Article 15 of Appendix I to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (23), concluded by Council Decision 2013/94/EU (24) as referred to in Article 1 of Protocol 3 to the Agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part (25), concluded by Council Decision 97/126/EC (26) concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation. 2. The products imported within the tariff quota under order number 09.0779 shall be released into free circulation upon presentation of a proof of origin issued by the exporting country in accordance with Article 15 of Appendix I to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin as referred to in Article 1 of Protocol 3 to the Agreement between the European Economic Community and the Kingdom of Norway (27), concluded by Regulation (EEC) No 1691/73 of the Council (28).

Article 11 Tariff quotas under order numbers 09.0074 and 09.0075 1. The amount of the security to be lodged by operators to ensure the quality of the products imported within the tariff quotas under order numbers 09.0074 and 09.0075 is set out in Annex I. In addition, the customs authorities shall require a specific security which corresponds to the difference, on the day of acceptance of the declaration of release for free circulation, between the highest duty and the in-quota duty applicable to different wheat qualities, except where that declaration is accompanied by a certificate of conformity issued by the Federal Grain Inspection Service of the United States of America or by the Canadian Grain Commission in accordance with point (b) or (c) of the first subparagraph of Article 7(2) of Commission Regulation (EU) No 642/2010 (29). 2. The customs authorities shall take representative samples of each import within the tariff quota under order number 09.0074 with a view to carrying out the necessary tests to establish that the vitreous grain content is 73 % or more. If the quality is inadequate, access to the tariff quota shall be refused. 3. The customs authorities shall take representative samples of each import within the tariff quota under order number 09.0075 with a view to carrying out the necessary tests to establish that the quality of the imported product complies with the requirements set out in Annex I. If the quality is inadequate, access to the tariff quota shall be refused. 4. In case the tests referred to in paragraphs 2 and 3 show that the quality of the imported product is below standard, Commission Regulation (EU) No 642/2010 shall apply. The amount of EUR 5 per 1 000 kg referred to in Annex I to this Regulation shall be held back, in addition to the non-access to the tariff quota.

SECTION 2

RICE

Article 12 Tariff quota under order number 09.0139 1. All rice imported within the tariff quota under order number 09.0139 shall be placed under the end-use procedure in accordance with Article 254 of Regulation (EU) No 952/2013. All rice imported within the tariff quota under order number 09.0139 shall be processed within 6 months of the date of release for free circulation. 2. On the request of authorisation for the end-use, the importer shall indicate the place of processing, which is either the name of a processing undertaking and a Member State or not more than five different processing plants. 3. The amount of the security to be lodged by operators to ensure that the requirement laid down in paragraph 1 has been met is set out in Annex I. 4. The security shall be released where proof has been presented that the product has been processed within 6 months of the date of release for free circulation. Where the requirement of processing is not met within this deadline, the security released shall be reduced by 2 % for each day by which the time limit is exceeded. 5. The competent authority shall receive a proof of processing within 6 months following the time limit for processing. Otherwise, the security shall be further reduced by 2 % for each day by which the time limit is exceeded.

Article 13 Tariff quota under order number 09.0141 1. Import within the tariff quota under order number 09.0141 shall be subject to the presentation of a certificate of origin. 2. The model for a certificate of origin referred to in paragraph 1 is set out in Part B of Annex II. 3. The certificate of origin shall be valid for 90 days from the date of issue but not later than 31 December of the year of issue. 4. The name of the competent authority of Bangladesh for issuing certificates of origin shall be published in the C series of the Official Journal of the European Union. 5. The competent authority of Bangladesh shall insert one of the entries listed in Annex III under ‘Remarks’ in the certificate of origin. 6. Where the tax collected by the exporting country is less than the reduced duty set out in Annex I, the reduction shall not exceed the amount collected. 7. The quantities at stages of milling other than the husked-rice stage shall be converted using the conversion rates set out in Article 1 of Commission Regulation (EC) No 1312/2008 (30).

SECTION 3

FRUIT AND VEGETABLES; PROCESSED FRUIT AND VEGETABLE PRODUCTS

Article 14 Definitions for tariff quotas under order numbers 09.0025, 09.0027 and 09.0033 1. For the tariff quota under order number 09.0025, ‘high quality sweet oranges’ shall mean oranges similar in variety characteristics, ripe, firm and of good shape, of at least good colour, of flexible unrotted structure, and without unhealed cracks in the skin, hard or dry skin, exanthemata, growth tears, contusions (except as caused by normal handling and packaging), damage caused by dryness or humidity, broad or emergent hispids, folds, scars, oil stains, scales, sun marks, dirt or other foreign matter, disease, insects or damage caused by machinery, movement or otherwise; a maximum of 15 % of the fruit in each consignment may not meet this specification, this percentage including at most 5 % of defects amounting to serious damage, and the latter percentage including at most 0,5 % rot. 2. For the tariff quota under order number 09.0027, citrus hybrids known as ‘minneolas’ shall mean citrus hybrids of the Minneola variety (Citrus paradisi Macf. CV Duncan and Citrus reticulate blanca CV Dancy). 3. For the tariff quota under order number 09.0033, ‘frozen concentrated orange juice, of a Brix value not exceeding 50’ shall mean orange juice with a density of no more than 1,229 grams per cubic centimetre at 20 °C.

Article 15 Certificate of authenticity for tariff quotas under order numbers 09.0025, 09.0027 and 09.0033 1. For products to be released for free circulation within the tariff quotas under order numbers 09.0025, 09.0027 and 09.0033, the operator shall present to the competent authorities a certificate of authenticity as set out in Parts C, D and E of Annex II, issued by the competent authorities of the country of origin as listed in Annex IV and confirming the products’ specific characteristics as set out in Article 14. 2. However, in the case of concentrated orange juice, presentation of a certificate of authenticity may be replaced by presentation to the Commission before importation of a general attestation from the competent authority of the country of origin stating that concentrated orange juice produced therein contains no blood orange juice. The Commission shall then inform Member States by electronic means so that they can advise their customs services.

SECTION 4

WINE

Article 16 Tariff quotas under order numbers 09.1526, 09.1527, 09.1558, 09.1559, 09.1570 and 09.1572 1. Exemption from customs duty for the tariff quotas under order numbers 09.1526, 09.1527, 09.1558, 09.1559, 09.1570 and 09.1572 applies subject to the requirement that the imported wines do not benefit from export subsidies. 2. A VI-1 document or a VI-2 extract drawn up in accordance with Article 22 of Commission Delegated Regulation (EU) 2018/273 (31) shall be presented to the customs authorities of the Union. 3. In accordance with Protocol 2 to the Stabilisation and Association Agreement between the European Communities and their Member States of the one part, and the Republic of Serbia, of the other part (32) concluded by Council and Commission Decision 2013/490/EU (33), if Serbia pays export subsidies in respect of the relevant products, the exemption from customs duty within the tariff quotas under order numbers 09.1526 and 09.1527 shall be suspended. 4. Consultations at the request of one of the Contracting Parties referred to in paragraph 3 may be held to adapt the tariff quotas under order numbers 09.1526 and 09.1527 by transferring quantities from the tariff quota under order number 09.1527 to the tariff quota under order number 09.1526. 5. In accordance with the Additional Protocol adjusting the trade aspects of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks (34) (‘additional protocol on wine’), concluded by Council Decision 2001/916/EC (35), if North Macedonia pays export subsidies in respect of the relevant products, the exemption from customs duty within the tariff quotas provided for in the additional protocol shall be suspended. 6. Notwithstanding the conditions laid down in point (5)(a) of Annex I to the additional protocol on wine, imports of wine within the Union tariff quotas under order numbers 09.1558 and 09.1559 shall be subject to the provisions of Protocol 4 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (36), approved by Council and Commission Decision 2004/239/EC, Euratom (37). 7. Consultations at the request of one of the Contracting Parties referred to in paragraph 6 may be held to adapt the tariff quotas under order numbers 09.1558 and 09.1559 by transferring quantities above 6 000 hl from the tariff quota under order number 09.1559 to the tariff quota under order number 09.1558. 8. In accordance with the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part (38), concluded by Council Decision (EU) 2016/342 (39), if Kosovo (40) pays export subsidies in respect of the relevant products, the exemption from customs duty within the tariff quotas under order numbers 09.1570 and 09.1572 shall be suspended. 9. For tariff quotas under order numbers 09.1570 and 09.1572 the VI-1 document shall mention compliance with the requirement set out in paragraph 1 as follows: ‘The products listed on this certificate do not benefit from export subsidies’.

SECTION 5

BEEF AND VEAL

Article 17 Management of tariff quotas under order numbers 09.0144 and 09.0145 and sub-tariff quotas under order numbers 09.0161, 09.0162, 09.0163 and 09.0164 1. The tariff quotas under order numbers 09.0144 and 09.0145 shall be managed as parent tariff quotas. 2. The parent tariff quota under order number 09.0144 shall be managed with two sub-tariff quotas under order numbers 09.0161 and 09.0162. 3. The parent tariff quota under order number 09.0145 shall be managed with two sub-tariff quotas under order numbers 09.0163 and 09.0164. 4. Sub-tariff quotas under order numbers 09.0161 and 09.0163 shall be used to apply for CN code 0202 20 30; sub-tariff quotas under order numbers 09.0162 and 09.0164 shall be used to apply for CN codes 0202 30 10, 0202 30 50, 0202 30 90 and 0206 29 91. 5. The benefit from the tariff quotas under order numbers 09.0144 and 09.0145 can be granted only by applying for the sub-tariff quotas under order numbers 09.0161, 09.0162, 09.0163 and 09.0164.

Article 18 Definitions for tariff quotas under order numbers 09.0144 and 09.0145 and sub-tariff quotas under order numbers 09.0161, 09.0162, 09.0163 and 09.0164 1. For the purposes of this Regulation, an ‘A-product’ within tariff quotas under order numbers 09.0144, 09.0161 and 09.0162 shall mean a processed product falling within CN code 1602 10 00, 1602 50 31 or 1602 50 95, not containing meat other than that of animals of the bovine species. The product shall have a collagen/protein ratio of no more than 0,45 and contain by weight at least 20 % of lean meat, excluding offal and fat with meat and jelly accounting for at least 85 % of the total net weight. For the purposes of this paragraph: (a) the collagen content shall be considered to be the hydroxyproline content multiplied by the factor 8, whereas the hydroxyproline content shall be determined according to ISO method 3496-1994; (b) the lean bovine meat content excluding fat shall be determined in accordance with the procedure laid down in the Annex to Commission Regulation (EEC) No 2429/86 (41); (c) offal shall include the following: heads and cuts thereof (including ears), feet, tails, hearts, udders, livers, kidneys, sweetbreads (thymus glands), pancreas, brains, lungs, throats, thick skirts, spleens, tongues, caul, spinal cords, edible skin, reproductive organs (i.e. uteri, ovaries and testes), thyroid glands, pituitary glands; (d) the product shall be subjected to a heat treatment sufficient to ensure the coagulation of meat proteins in the whole of the product which may not show any traces of a pinkish liquid on the cut surface when the product is cut along a line passing through its thickest part. 2. For the purposes of this Regulation, a ‘B-product’ within the tariff quotas under order numbers 09.0145, 09.0163 and 09.0164 shall mean a processed product containing beef, other than the products specified in point (a) of Part XV of Annex I to Regulation (EU) No 1308/2013 or the products referred to under paragraph 1 of this Article. A processed product falling within CN code 0210 20 90, which has been dried or smoked so that the colour and consistency of the fresh meat has totally disappeared and with a water/protein ratio not exceeding 3:2, shall also be a B-product.

Article 19 Specific provisions for tariff quotas under order numbers 09.0144 and 09.0145 and sub-tariff quotas under order numbers 09.0161, 09.0162, 09.0163 and 09.0164 1. The quantities shall be expressed in bone-in equivalence. For the purposes of this paragraph, 100 kilograms of bone-in beef shall equal 77 kilograms of boneless beef. 2. Within 3 months of the date of release for free circulation in the Union, the entire imported quantity shall be processed into the required finished product, in accordance with Article 18. 3. Products imported within tariff quotas under order numbers 09.0144 and 09.0145 and sub-tariff quotas under order numbers 09.0161, 09.0162, 09.0163 and 09.0164 shall be placed under the end-use procedure in accordance with Article 254 of Regulation (EU) No 952/2013. 4. In order to verify the quality of the finished product and establish its conformity with the processor’s formula for the composition of the product, competent authorities of Member States may take representative samples and analyse those products. 5. The competent authority shall receive a proof that the entire quantity of meat imported has been processed within 3 months of the date of release for free circulation into the required finished products, and in the establishment specified. Where processing took place after the three-month time limit, the released security shall be decreased by 15 % plus 2 % of the remaining amount for each day by which the time limit has been exceeded. 6. Proof of processing shall be furnished within 7 months of the date of release for free circulation. If proof of processing is established within the seven-month time limit and produced within 18 months following the time limit, the amount forfeited, less 15 % of the security amount, shall be repaid. 7. The amount of the security to be lodged by operators to ensure that the obligation laid down in paragraph 2 has been met is set out in Annex I.

Article 20 Tariff quotas under order numbers 09.0142, 09.0143 and 09.0146 1. For the purposes of this Regulation, for the tariff quotas under order numbers 09.0142 and 09.0143, ‘frozen thin skirt’ shall mean thin skirt which is frozen, with an internal temperature of – 12 °C or lower when it is released for free circulation in the Union. 2. Only whole thin skirt may be imported within the tariff quotas under order numbers 09.0142 and 09.0143. 3. Thin skirt imported within the tariff quota under order number 09.0143 can be released for free circulation only where accompanied by a certificate of authenticity issued by Argentina as set out in Part F of Annex II. 4. A certificate of authenticity can be used for an import declaration only. 5. Certificates of authenticity shall be completed in one of the official languages of the Union or of Argentina, and shall bear an individual serial number allocated by the issuing authorities. 6. Certificates of authenticity shall be valid only if they are duly completed and endorsed by the issuing authority. Certificates of authenticity 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. 7. The issuing authority referred to in paragraph 6 shall: (a) be recognised as such by Argentina; (b) undertake to check the particulars on certificates of authenticity; (c) undertake to supply the Commission and the Member States, on request, with any information enabling the particulars on certificates of authenticity to be evaluated. 8. The name of the competent authority of Argentina for issuing certificates of authenticity shall be published in the C series of the Official Journal of the European Union. 9. Certificates of authenticity shall be valid for 3 months from their dates of issue and in any case not beyond the last day of the tariff quota period. 10. The rules of origin applicable to the products imported within the tariff quota under order number 09.0146 shall be those provided for in Article 4 of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (42) concluded by Council and Commission Decision 2002/309/EC, Euratom (43).

Article 21 Tariff quota under order number 09.0113 1. The in-quota duty shall apply on condition that the animals are fattened for at least 120 days in the Member State into which they were imported, in production units which must be indicated by the importer in the month following the animals’ release for free circulation. 2. In accordance with Article 254 of Regulation (EU) No 952/2013, the animals imported shall be subject to the end-use procedure to ensure that the fattening requirement referred to in paragraph 1 of this Article is complied with. 3. The amount of the security to be lodged by operators to ensure that the fattening requirement referred to in paragraph 1 is complied with is set out in Annex I. 4. In addition to possible cases of force majeure, the security referred to in paragraph 3 shall be released if proof is furnished to the competent authority of the Member State that the young bovine animals: (a) have been fattened on the farm or farms indicated in accordance with paragraph 1; (b) have not been slaughtered before a period of 120 days from the date of import has elapsed; or (c) have been slaughtered for health reasons or have died as a result of sickness or accident before the period referred to in point (b) has elapsed.

Article 22 Tariff quotas under order numbers 09.0114 and 09.0115 1. For the tariff quotas under order numbers 09.0114 and 09.0115, animals shall be ‘other than for slaughter’ where they are not slaughtered within 4 months of the date of acceptance of the declaration of release for free circulation. Derogations may be granted in duly proven cases of force majeure. 2. To qualify for the import tariff quota under order number 09.0115, the following documents must be presented: (a) for bulls: a pedigree certificate; (b) for cows and heifers: a pedigree certificate or a certificate of registration in a herdbook certifying the purity of the breed. 3. In accordance with Article 254 of Regulation (EU) No 952/2013, animals imported within the tariff quotas under order numbers 09.0114 and 09.0115 shall be subject to the end-use procedure to ensure that they are not slaughtered within 4 months of their release for free circulation. 4. The amount of the security to be lodged by operators to ensure that the non-slaughter requirement laid down in paragraph 3 is complied with is set out in Annex I. 5. The security provided for in paragraph 4 shall be released immediately where proof is presented to the customs authorities concerned that the animals: (a) have not been slaughtered within 4 months following the date of their release for free circulation; or (b) they have been slaughtered within that period for reasons of force majeure or for health reasons or have died of disease or as a result of an accident.

Article 23 Management of the tariff quota under order number 09.2201 and sub-tariff quotas under order numbers 09.2202 and 09.2203 1. The tariff quota under order number 09.2201 shall be managed as a parent tariff quota with four quarterly sub-tariff quotas under order numbers 09.2202 and 09.2203. 2. The benefit from the tariff quota under order number 09.2201 can be granted only by applying for the sub-tariff quotas under order numbers 09.2202 and 09.2203.

Article 24 Definitions and requirements for the tariff quota under order number 09.2201 and sub-tariff quotas under order numbers 09.2202 and 09.2203 1. For the tariff quotas under order numbers 09.2201, 09.2202 and 09.2203, the following definitions shall apply: (a) ‘frozen meat’ means meat with an internal temperature of – 12 °C or lower when it is released for free circulation in the Union; (b) ‘heifers and steers’ mean ‘bovine animals’, as defined in Part V of Annex II to Regulation (EU) No 1308/2013, which correspond, respectively, to categories E and C, as defined in Part A.II of Annex IV to that Regulation. 2. High-quality fresh, chilled or frozen beef shall be eligible for import within the tariff quotas under order numbers 09.2201, 09.2202 and 09.2203 if it fulfils the following requirements: (a) beef cuts are obtained from carcasses of heifers and steers less than 30 months of age which have only been fed a diet, for at least the last 100 days before slaughter, containing not less than 62 % of concentrates and/or feed grain co-products on a dietary dry matter basis, that meets or exceeds a metabolisable energy content greater than 12,26 mega joules per one kilogram of dry matter; (b) the heifers and steers that are fed the diet described in point (a) are fed, on average, no less than 1,4 % of live body weight per day on a dry matter basis; (c) the carcass from which beef cuts are derived are evaluated by an evaluator employed by the national government who bases the evaluation, and a resulting classification of the carcass, on a method approved by the national government. The national government evaluation method, and its classifications, must evaluate expected carcass quality using a combination of carcass maturity and palatability traits of the beef cuts. Such an evaluation method of the carcass shall include, but not be limited to, an evaluation of the maturity characteristics of colour and texture of the longissimus dorsi muscle and bone and cartilage ossification, as well as an evaluation of expected palatability traits including a combination of the discrete specifications of intramuscular fat and firmness of the longissimus dorsi muscle; (d) the cuts are labelled in accordance with Article 13 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council (44). The indication ‘High Quality Beef’ may be added to the information on the label referred to in point (d).

Article 25 Certificates of authenticity for the tariff quota under order number 09.2201 and sub-tariff quotas under order numbers 09.2202 and 09.2203 1. In order to benefit from the tariff quota under order number 09.2201, a certificate of authenticity issued in the third country concerned shall be presented to the customs authorities of the Union. 2. The certificate of authenticity shall be established in accordance with the model set out in Part G of Annex II. 3. On the reverse side of the certificate of authenticity it shall be stated that the meat originating in the exporting country fulfils the requirements laid down in Article 24. 4. A certificate of authenticity shall be valid only if it is duly completed and endorsed by the issuing authority. 5. A certificate of authenticity shall be considered to have been duly endorsed if it states the date and place of issue and if it bears the stamp of the issuing authority. 6. The stamp may be replaced by a printed seal on the original of the certificate of authenticity and any copies thereof. 7. The certificate of authenticity is valid 3 months from the date of its issue.

Article 26 Issuing authorities in third countries as regards imports within tariff quota under order number 09.2201 and sub-tariff quotas under order numbers 09.2202 and 09.2203 1. The issuing authority referred to in Article 25 shall: (a) be recognised as such by the competent authority of the exporting country; (b) undertake to verify entries in the certificates of authenticity. 2. The following information shall be notified to the Commission: (a) the name and address, if possible including email and internet address, of the authority or authorities recognised to issue the certificates of authenticity referred to in Article 25; (b) specimen of the stamps used by the issuing authority or authorities; (c) the procedures and criteria followed by the issuing authority or authorities in order to establish whether the requirements laid down in Article 24 are fulfilled.

Article 27 Publication of the names of the issuing authorities in third countries for tariff quota under order number 09.2201 and sub-tariff quotas under order numbers 09.2202 and 09.2203 When the requirements laid down in Article 26 are fulfilled, the Commission shall make public the name of the issuing authority or authorities concerned in the C series of the Official Journal of the European Union.

SECTION 6

MILK AND MILK PRODUCTS

Article 28 Definitions and requirements for tariff quota under order number 09.0151 1. For the tariff quota under order number 09.0151, for the purposes of the definition of ‘cheese for processing’, ‘processed cheese’ shall mean a product falling within CN code 0406 30. 2. Products imported within the tariff quota under order number 09.0151 shall be placed under the end-use procedure in accordance with Article 254 of Regulation (EU) No 952/2013.

Article 29 Tariff quota under order number 09.0153 and sub-tariff quotas under order numbers 09.0159 and 09.0160 1. The tariff quota under order number 09.0153 shall be managed as parent tariff quota, with two sub-tariff quotas under order numbers 09.0159 and 09.0160. 2. Sub-tariff quota 09.0159 shall be used to apply for CN code 0405 10; sub-tariff quota 09.0160 shall be used to apply for CN code 0405 90. 3. The benefit from the tariff quota under order number 09.0153 can be granted only by applying for the sub-tariff quotas under order numbers 09.0159 and 09.0160.

SECTION 7

PIGMEAT

Article 30 Definitions for tariff quota under order number 09.0118 For the tariff quota under order number 09.0118, tenderloin, fresh, chilled or frozen falling within CN codes ex 0203 19 55 and ex 0203 29 55 shall comprise cuts including the meats of muscles musculus major psoas and musculus minor psoas, with or without head, trimmed or not trimmed.

SECTION 8

SHEEPMEAT AND GOATMEAT

Article 31 Tariff quotas in the sheepmeat and goatmeat sector 1. For tariff quotas in the sheepmeat and goatmeat sector, ‘kid’ shall mean goat of up to one year old. 2. For the purpose of calculating the quantities of ‘carcass weight equivalent’, the net weight shall be multiplied by the following coefficients: (a) for boneless lamb and boneless goatmeat of kid: 1,67; (b) for boneless mutton, boneless sheep and boneless goatmeat other than of kid and mixtures of any of these: 1,81; (c) for bone-in products: 1,00; (d) for live animals: 0,47. 3. In the case of a tariff quota which is part of a preferential tariff agreement, the proof of origin shall be of the same type as the proof of origin laid down in that agreement. 4. Where tariff quotas originating in the same third country and resulting from both a preferential tariff agreement and non-preferential agreement are merged, the proof of origin laid down in the relevant agreement shall be presented to the customs authorities of the Union together with the customs declaration for release for free circulation for the products concerned. 5. In the case of tariff quotas other than those resulting from preferential tariff agreements, the customs declaration for release for free circulation for the products concerned shall be submitted to the customs authorities of the Union together with a document issued by the competent authority or agency in the third country of origin. This document shall include: (a) the name of the consigner; (b) the type of product and its CN code; (c) the number of packages, their nature and the marks and numbers they bear; (d) the order number or order numbers of the tariff quota(s) concerned; (e) the total net weight broken down per coefficient category as provided for in Annex I.

CHAPTER III

FINAL PROVISIONS

Article 32 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. This Regulation shall apply to the tariff quota periods starting from 1 January 2021 onwards.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 11 November 2020. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 347, 20.12.2013, p. 671.

(2) OJ L 150, 20.5.2014, p. 1.

(3) Commission Delegated Regulation (EU) 2020/1987 of of 14 July 2020 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council and Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the lodging and release of securities in the administration of tariff quotas based on the chronological order of the submission of applications (See page 1 of this Official Journal).

(4) Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (OJ L 341, 22.12.2001, p. 29).

(5) Commission Regulation (EC) No 442/2009 of 27 May 2009 opening and providing for the administration of Community tariff quotas in the pigmeat sector (OJ L 129, 28.5.2009, p. 13).

(6) Commission Implementing Regulation (EU) No 1273/2011 of 7 December 2011 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice (OJ L 325, 8.12.2011, p. 6).

(7) Commission Delegated Regulation (EU) 2020/760 of 17 December 2019 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the rules for the administration of import and export tariff quotas subject to licences and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the lodging of securities in the administration of tariff quotas (OJ L 185, 12.6.2020, p. 1).

(8) Commission Regulation (EC) No 2305/2003 of 29 December 2003 opening and providing for the administration of a Community tariff quota for imports of barley from third countries (OJ L 342, 30.12.2003, p. 7).

(9) Commission Regulation (EC) No 1964/2006 of 22 December 2006 laying down detailed rules for the opening and administration of an import quota for rice originating in Bangladesh, pursuant to Council Regulation (EEC) No 3491/90 (OJ L 408, 30.12.2006, p. 20).

(10) Commission Regulation (EC) No 539/2007 of 15 May 2007 opening and providing for the administration of tariff quotas in the egg sector and for egg albumin (OJ L 128, 16.5.2007, p. 19).

(11) Commission Regulation (EC) No 616/2007 of 4 June 2007 opening and providing for the administration of Community tariff quotas in the sector of poultry-meat originating in Brazil, Thailand and other third countries (OJ L 142, 5.6.2007, p. 3).

(12) Commission Regulation (EC) No 1384/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 2398/96 as regards opening and providing for the administration of certain quotas for imports into the Community of poultry-meat products originating in Israel (OJ L 309, 27.11.2007, p. 40).

(13) Commission Regulation (EC) No 1385/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 774/94 as regards opening and providing for the administration of certain Community tariff quotas for poultrymeat (OJ L 309, 27.11.2007, p. 47).

(14) Commission Regulation (EC) No 412/2008 of 8 May 2008 opening and providing for the administration of an import tariff quota for frozen beef intended for processing (OJ L 125, 9.5.2008, p. 7).

(15) Commission Regulation (EC) No 748/2008 of 30 July 2008 on the opening and administration of an import tariff quota for frozen thin skirt of bovine animals falling within CN code 0206 29 91 (Recast) (OJ L 202, 31.7.2008, p. 28).

(16) Commission Implementing Regulation (EU) No 480/2012 of 7 June 2012 opening and providing for the management of a tariff quota for broken rice of CN code 1006 40 00 for production of food preparations of CN code 1901 10 00 (OJ L 148, 8.6.2012, p. 1).

(17) Commission Implementing Regulation (EU) No 1223/2012 of 18 December 2012 laying down detailed rules for the application of an import tariff quota for live bovine animals of a weight exceeding 160 kg and originating in Switzerland provided for in the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 349, 19.12.2012, p. 39).

(18) 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).

(19) Regulation (EU) 2019/216 of the European Parliament and of the Council of 30 January 2019 on the apportionment of tariff rate quotas included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, and amending Council Regulation (EC) No 32/2000 (OJ L 38, 8.2.2019, p. 1).

(20) Council Regulation (EC) No 32/2000 of 17 December 1999 opening and providing for the administration of Community tariff quotas bound in GATT and certain other Community tariff quotas and establishing detailed rules for adjusting the quotas, and repealing Council Regulation (EC) No 1808/95 (OJ L 5, 8.1.2000, p. 1).

(21) Commission Implementing Regulation (EU) 2019/386 of 11 March 2019 laying down rules with regard to the apportionment of tariff rate quotas for certain agricultural products included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union and with regard to import licences issued and import rights allocated under those tariff rate quotas (OJ L 70, 12.3.2019, p. 4).

(22) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

(23) OJ L 54, 26.2.2013, p. 4.

(24) Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).

(25) OJ L 53, 22.2.1997, p. 2.

(26) Council Decision 97/126/EC of 6 December 1996 concerning the conclusion of an agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part (OJ L 53, 22.2.1997, p. 1).

(27) OJ L 171, 27.6.1973, p. 2.

(28) Regulation (EEC) No 1691/73 of the Council of 25 June 1973 concluding an Agreement between the European Economic Community and the Kingdom of Norway and adopting provisions for its implementation (OJ L 171, 27.6.1973, p. 1).

(29) Commission Regulation (EU) No 642/2010 of 20 July 2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No 1234/2007 (OJ L 187, 21.7.2010, p. 5).

(30) Commission Regulation (EC) No 1312/2008 of 19 December 2008 fixing the conversion rates, the processing costs and the value of the by-products for the various stages of rice processing (OJ L 344, 20.12.2008, p. 56).

(31) Commission Delegated Regulation (EU) 2018/273 of 11 December 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information, and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks and penalties, amending Commission Regulations (EC) No 555/2008, (EC) No 606/2009 and (EC) No 607/2009 and repealing Commission Regulation (EC) No 436/2009 and Commission Delegated Regulation (EU) 2015/560 (OJ L 58, 28.2.2018, p. 1).

(32) OJ L 278, 18.10.2013, p. 16.

(33) Council and Commission Decision of 22 July 2013 on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part (OJ L 278, 18.10.2013, p. 14).

(34) OJ L 342, 27.12.2001, p. 9.

(35) Council Decision 2001/916/EC of 3 December 2001 on the conclusion of an Additional Protocol adjusting the trade aspects of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks (OJ L 342, 27.12.2001, p. 6).

(36) OJ L 84, 20.3.2004, p. 13.

(37) Council and Commission Decision 2004/239/EC, Euratom of 23 February 2004 concerning the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (OJ L 84, 20.3.2004, p. 1).

(38) OJ L 71, 16.3.2016, p. 3.

(39) Council Decision (EU) 2016/342 of 12 February 2016 on the conclusion, on behalf of the Union, of the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part (OJ L 71, 16.3.2016, p. 1).

(40) This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

(41) Commission Regulation (EEC) No 2429/86 of 31 July 1986 on the procedure for determining the meat content of meat preparations and preserves falling within subheading ex 16.02 B III b) 1) of the nomenclature contained in the Annex to Regulation (EEC) No 2184/86 (OJ L 210, 1.8.1986, p. 39).

(42) OJ L 114, 30.4.2002, p. 132.

(43) Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (OJ L 114, 30.4.2002, p. 1).

(44) Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1).