COMMISSION DELEGATED REGULATION (EU) 2022/150

of 17 November 2021

amending Council Regulation (EC) No 32/2000 as regards the volume of herring that may be imported under tariff quota 09.0006

THE EUROPEAN COMMISSION,

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

Having regard to 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 (1), and in particular Article 10a thereof,

Whereas:

(1) The Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway 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 (‘the Agreement’), concluded by Council Decision (EU) 2021/803 (2), amends a tariff quota for herring with regard to the volume to be imported. The Agreement entered into force on 10 May 2021.

(2) That amendment should be reflected in Regulation (EC) No 32/2000.

(3) Regulation (EC) No 32/2000 should therefore be amended accordingly.

(4) Due to the urgent need to implement the Agreement, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union. As the amendment made by this Regulation applies to the tariff quota period that is ongoing on the day of its entry into force, it is necessary to lay down transitional provisions for that period,

HAS ADOPTED THIS REGULATION:

Article 1 Amendment to Regulation (EC) No 32/2000 In Annex I to Regulation (EC) No 32/2000, in the row for serial number 09.0006, in the column headed ‘Quota volume’, the volume ‘31 888 tonnes’ is replaced by ‘33 496 tonnes’.

Article 2 Transitional provisions for the ongoing tariff quota period 1. The volume 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 quota volume as amended by this Regulation and the quota volume already allocated before the date of entry into force of this Regulation. 2. If upon the entry into force of this Regulation the quota applicable on 3 February 2022 was exhausted, the new quota volume available shall be allocated to operators following the chronological order of the acceptance dates of their customs declarations for release for free circulation. Operators who imported their goods out of quota before the entry into force of this Regulation shall be reimbursed, on their request and to the extent that the balance of the tariff quota so permits, the difference in duty already paid.

Article 3 Entry into force This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 17 November 2021. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 5, 8.1.2000, p. 1.

(2) Council Decision (EU) 2021/803 of 10 May 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 Kingdom of Norway 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 181, 21.5.2021, p. 1).