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).

(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.

(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).

(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,

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

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

(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).

(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).

(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).