COMMISSION IMPLEMENTING REGULATION (EU) 2021/1401

of 25 August 2021

amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 as regards the quantities that may be imported under certain tariff quotas

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 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (2), and in particular Article 66(4) 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 (3), and in particular Article 9, first paragraph, points (a) to (d), and Article 16(1) thereof,

Whereas:

(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 between the European Union and the Kingdom of Thailand 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) 2021/1234 (6) amends some tariff quotas with regard to the quantities of products to be imported from Thailand.

(4) 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 (7), amends some tariff quotas with regard to the quantities of products to be imported from Argentina. It also amends the management system of tariff quotas under order numbers 09.4099 and 09.4104, and creates two new tariff quotas for poultry originating from Argentina.

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

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

(7) Due to the urgent need to implement those Agreements, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union. This means that the amendments made by this Regulation to Implementing Regulation (EU) 2020/1988 also apply to tariff quota periods that are ongoing on the day of entry into force of this Regulation. The amendments to Implementing Regulation (EU) 2020/761 should apply as from the first licence application period following the entry into force of this Regulation. However, the amendments to the quantities of the tariff quotas under order numbers 09.4412 and 09.4213, as well as those relating to the creation of tariff quotas under order numbers 09.4288, 09.4289 and 09.4290, should apply as of the beginning of the tariff quota periods starting after the entry into force of this Regulation.

(8) It is necessary to set certain transitional provisions on the continued application of Articles 38 and 40 of Implementing Regulation (EU) 2020/761 in respect of the ongoing tariff quota periods for the tariff quotas under order numbers 09.4099 and 09.4104, pending the beginning of the first tariff quota period of the tariff quota under order number 09.4288, and on the adaptation of ongoing tariff quota periods to the quantities available following the amendments made by this Regulation.

(9) 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:

Article 1 Amendments to Implementing Regulation (EU) 2020/761 Implementing Regulation (EU) 2020/761 is amended as follows: (1) Articles 38 and 40 are deleted; (2) Annexes I, II, III, VI and XII are amended in accordance with Annex I to this Regulation.

Article 2 Amendments to Implementing Regulation (EU) 2020/1988 Implementing Regulation (EU) 2020/1988 is amended as follows: (1) Article 7 is amended as follows: (a) the heading is replaced by the following: “Definitions for tariff quotas under order numbers 09.0124, 09.0131, 09.0126, 09.0127, 09.0128, 09.0129 and 09.0130”; (b) paragraph 2 is replaced by the following: “2. For tariff quotas under order numbers 09.0126, 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.”; (2) Annex I is amended in accordance with Annex II to this Regulation.

Article 3 Transitional provisions 1. Articles 38 and 40 of Implementing Regulation (EU) 2020/761 shall continue to apply to the ongoing tariff quota periods for the tariff quotas under order numbers 09.4099 and 09.4104. 2. Unless otherwise provided in Annexes II to XII to Implementing Regulation (EU) 2020/761, where the tariff quota period of a given tariff quota has already started on the day of entry into force of this Regulation, the difference between the new quantity and the quantities already allocated shall be made available to applications lodged after the entry into force of this Regulation. In case of tariff quota periods divided in sub-periods, the difference between the new quantity and the quantities already allocated shall be distributed equally between the remaining sub-periods. 3. For the purposes of Implementing Regulation (EU) 2020/1988, the quantity available for the remainder of the tariff quota period that is ongoing on the day of entry into force of this Regulation shall be the difference between the new quantity and the quantities already allocated before the entry into force of this Regulation. In case of an increase of the quantities set out in Annex I to Implementing Regulation (EU) 2020/1988, if on the day of entry into force of this Regulation the relevant tariff quota period has already started and the quantity previously available is exhausted, the difference between the new quantity and the previous quantity shall be allocated to operators following the chronological order of the acceptance date of the customs declaration for release for free circulation. Operators who imported their goods out of quota before the entry into force of this Regulation shall be reimbursed the difference in duty already paid. In case of a decrease of the quantities set out in Annex I to Implementing Regulation (EU) 2020/1988, if on the day of entry into force of this Regulation the relevant tariff quota period has already started and a quantity higher than the quantity as amended by this Regulation has already been released for free circulation, operators shall not be required to pay the full duty for the in-quota quantities imported exceeding the new available volumes.

Article 4 Entry into force and application This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union. Point (2) of Article 1 shall apply to the tariff quotas concerned as from the first licence application period following the entry into force of this Regulation, with the exception of points (1), (4) and (5)(b), (g) and (h) of Annex I, which shall apply to the tariff quota periods starting after the entry into force of this Regulation.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 25 August 2021. For the Commission The President Ursula VON DER LEYEN

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

(2) OJ L 347, 20.12.2013, p. 549.

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

(4) 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).

(5) 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).

(6) Council Decision (EU) 2021/1234 of 13 July 2021 on the conclusion of the Agreement between the European Union and the Kingdom of Thailand 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 274, 30.7.2021, p. 55).

(7) Council Decision (EU) 2021/1213 of 13 July 2021 on the conclusion, on behalf of the Union, of 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 (OJ L 264, 26.7.2021, p. 1).