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
Date: 2019-01-30
Institutions: Council of the European Union, European Parliament
Subjects: United Kingdom, World Trade Organisation, agricultural product, fishery product, industrial product, processed food product, tariff quota, withdrawal from the EU




L_2019038EN.01000101.xml










8.2.2019   


EN


Official Journal of the European Union


L 38/1








            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


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,


Having regard to the proposal from the European Commission,


After transmission of the draft legislative act to the national parliaments,


Acting in accordance with the ordinary legislative procedure (1),

Whereas:







(1)


On 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union(TEU). The TEU and the Treaty on the Functioning of the European Union (TFEU) (collectively, the ‘Treaties’) will cease to apply to the United Kingdom from the date of entry into force of a withdrawal agreement or failing that, two years after that notification, that is from 30 March 2019, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that period.












(2)


The withdrawal agreement as agreed between the negotiators contains arrangements for the application of provisions of Union law to and in the United Kingdom beyond the date the Treaties cease to apply to and in the United Kingdom. If that agreement enters into force, Council Regulation (EC) No 32/2000 (2) will apply to and in the United Kingdom during the transition period in accordance with that agreement and will cease to apply at the end of that period.












(3)


The United Kingdom’s withdrawal from the Union will have effects on the relations of the United Kingdom and the Union with third parties, in particular in the context of the World Trade Organisation (WTO) of which both are original members. As negotiations on that withdrawal have been ongoing at the same time as the negotiations on the multiannual financial framework (MFF), and taking into account the share dedicated to the agricultural sector in the MFF, that sector could be exposed to a great extent.












(4)


By letter of 11 October 2017, the Union and the United Kingdom informed the other WTO Members that it was their intention that, upon leaving the Union, the United Kingdom would replicate to the extent possible its current obligations as a Member State of the Union in its new, separate, schedule of concessions and commitments on trade in goods. However, given that, as regards quantitative commitments, replication is not an appropriate method, the Union and the United Kingdom informed the other WTO Members of their intention to ensure that other WTO Members’ current market access levels would be maintained by apportioning the Union’s tariff rate quotas between the Union and the United Kingdom.












(5)


In line with the WTO rules, such apportionment of tariff rate quotas that are part of the schedule of concessions and commitments of the Union will have to occur in accordance with Article XXVIII of the General Agreement on Tariffs and Trade 1994 (GATT 1994). The Union will, therefore, following completion of preliminary contacts, engage in negotiations with WTO Members having a principal or substantial supplying interest or holding an initial negotiating right in relation to each of these tariff rate quotas. Those negotiations should remain limited in scope and should in no way extend to a renegotiation of the general terms or degree of access of products to the Union market.












(6)


However, given the time limits imposed on this process by the negotiations on the United Kingdom’s withdrawal from the Union, it is possible that agreements might not be concluded with all WTO Members concerned in relation to all of the tariff rate quotas on the date the Union’s WTO schedule of concessions and commitments on trade in goods ceases to apply to the United Kingdom. In view of the need to ensure legal certainty and the continuous smooth operation of imports under the tariff rate quotas to the Union and to the United Kingdom, it is necessary for the Union to be able to proceed unilaterally to the apportionment of the tariff rate quotas. The methodology used should be in line with the requirements of Article XXVIII of GATT 1994.












(7)


The following methodology should therefore be used: as a first step the United Kingdom’s usage share for each individual tariff rate quota should be established. That share, expressed as a percentage, is the United Kingdom’s share of total Union imports under the tariff rate quota over a recent representative three-year period. That share should then be applied to the entire scheduled tariff rate quota volume, taking into account any under-fill thereof, in order to arrive at the United Kingdom’s share of a given tariff rate quota. The Union’s share would then consist of the remainder of the tariff rate quota in question. This means the total volume of a given tariff rate quota is not changed, that is to say EU-27 volume equals current EU-28 volume minus the United Kingdom volume. The underlying data should be extracted from the relevant Commission databases.












(8)


The methodology for the usage share for each individual tariff rate quota has been established and agreed by the Union and the United Kingdom, in line with the requirements of Article XXVIII of GATT 1994, and therefore, that methodology should be wholly maintained to ensure its consistent application.












(9)


In those cases where no trade is observed for a specific tariff rate quota over the representative period, two alternative approaches should be pursued in order to establish the United Kingdom’s usage share. In those cases where there is another tariff rate quota with the identical product definition, the usage share of that identical tariff rate quota should be applied to the tariff rate quota that is without observed trade over the representative period. In those cases where there is no tariff rate quota with an identical product definition, the formula to calculate the usage share should be applied to Union imports in the corresponding tariff lines outside of the tariff rate quota.












(10)


For the agricultural tariff rate quotas concerned, Articles 184 to 188 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council (3) provide the necessary legal basis for the administration of the tariff rate quotas once apportioned by this Regulation. In this regard, the tariff rate quota quantities concerned are set out in Part A of the Annex to this Regulation. That administration should therefore be carried out having due regard to the objectives of the Common Agricultural Policy, as laid down in the TFEU, and the multi-functionality of agricultural activities. For the tariff rate quotas covering most fisheries products, industrial products and certain processed agricultural products, the administration of the tariff rate quotas is carried out pursuant to Regulation (EC) No 32/2000. The tariff rate quotas quantities concerned are set out in Annex I to that Regulation and that Annex should therefore be replaced by the quantities set out in Part B of the Annex to this Regulation.
Four fisheries tariff rate quotas are not administered under Regulation (EC) No 32/2000 but under Commission Regulation (EC) No 847/2006 (4), which implements Council Decision 2006/324/EC (5). The tariff rate quota quantities concerned are set out in Part C of the Annex to this Regulation. Implementing powers should be conferred on the Commission to adapt the provisions of Regulation (EC) No 847/2006 in respect of those four fisheries tariff rate quotas in line with the apportioned quantities established by this Regulation. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (6).












(11)


In order to take into account the fact that negotiations with affected WTO Members have been taking place in parallel with the ordinary legislative procedure for the adoption of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend Parts A and C of the Annex to this Regulation with respect to the quantities of the apportioned tariff rate quotas listed therein, in order to take account of any agreements concluded or of pertinent information that it might receive in the context of those negotiations which would indicate that specific factors that were not previously known require an adjustment to the apportionment of the tariff quotas between the Union and the United Kingdom, while ensuring consistency with the common methodology agreed jointly with the United Kingdom. That power to adopt acts should also be delegated to the Commission where such pertinent information becomes available from other sources with an interest in a specific tariff rate quota. In addition, Regulation (EC) No 32/2000 should be amended in order to delegate to the Commission the power to adopt acts in accordance with Article 290 TFEU to amend Annex I to that Regulation.












(12)


In accordance with the principle of proportionality and in light of the United Kingdom’s withdrawal from the Union, it is necessary and appropriate to lay down rules to apportion tariff rate quotas included in the WTO schedule of the Union. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with Article 5(4) TEU.












(13)


In accordance with Article 4(3) of Regulation (EEC, Euratom) No 1182/71 of the Council (7), the cessation of application of acts fixed at a given date shall occur on the expiry of the last hour of the day falling on that date. This Regulation should therefore apply from the day following that on which Regulation (EC) No 32/2000 ceases to apply to the United Kingdom given that from that day both the Union and the United Kingdom need to know what their WTO obligations are. However, the provisions of this Regulation setting out the delegation of power and the conferral of implementing powers should apply from the date of entry into force of this Regulation.












(14)


Taking into account the procedural requirements of the ordinary legislative procedure and the need to subsequently adopt implementing acts for the application of this Regulation on the one hand, and the necessity to have the apportioned tariff rate quotas in place and ready to be applied at the moment that the United Kingdom ceases to be covered by the schedule of concessions and commitments of the Union, which could be as early as 30 March 2019, on the other hand, it is essential for this Regulation to enter into force as soon as possible,





HAVE ADOPTED THIS REGULATION:



Article 1

1.   The tariff rate quotas included in the schedule of concessions and commitments of the Union annexed to the General Agreement on Tariffs and Trade 1994 (GATT 1994) shall be apportioned between the Union and the United Kingdom of Great Britain and Northern Ireland (the ‘United Kingdom’) in line with the following methodology:






(a)


the Union’s usage share of imports in percentages, for each individual tariff rate quota is established, over a recent representative three-year period;










(b)


the Union’s usage share of imports, in percentages, is applied to the entire scheduled tariff rate quota volume to arrive at its share in volume of a given tariff rate quota;










(c)


for individual tariff rate quotas for which no trade can be observed during the representative period as laid down in point (a), the Union’s portion is instead established by following the procedure laid down in point (b) on the basis of the Union’s usage share of imports, in percentages, of another tariff rate quota with the exact same product definition, or in the corresponding tariff lines outside of the tariff rate quota.






2.   The Union’s portion of the tariff rate quotas referred to in paragraph 1 resulting from the application of the methodology referred to in that paragraph shall be as follows:






(a)


as regards tariff rate quotas for agricultural products, as set out in Part A of the Annex;










(b)


as regards tariff rate quotas for fisheries products, industrial products and certain processed agricultural products, as set out in Parts B and C of the Annex.







Article 2
While ensuring consistency with the methodology referred to in Article 1(1) and in particular ensuring that the market access into the Union as composed after the withdrawal of the United Kingdom does not exceed that which is reflected in the share of trade flows during a representative period, the Commission is empowered to adopt delegated acts in accordance with Article 3 to amend Parts A and C of the Annex in order to take account of the following:






(a)


any international agreement concluded by the Union under Article XXVIII of GATT 1994 concerning the tariff rate quotas referred to in those parts of the Annex; and










(b)


pertinent information that it may receive either in the context of negotiations under Article XXVIII of GATT 1994 or from other sources with an interest in a specific tariff rate quota.






Article 3

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.


2.   The power to adopt delegated acts referred to in Article 2 shall be conferred on the Commission for a period of five years from 9 February 2019. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.


3.   The delegation of power referred to in Article 2 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.


4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (8).


5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.


6.   A delegated act adopted pursuant to Article 2 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.



Article 4
The Commission shall adopt implementing acts in order to adjust, in line with Part C of the Annex to this Regulation, the volumes of the tariff rate quotas opened and managed by Regulation (EC) No 847/2006. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 5(2).


Article 5

1.   The Commission shall be assisted by the Customs Code Committee established by Article 285(1) of Regulation (EU) No 952/2013 of the European Parliament and of the Council (9). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.


2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.



Article 6
Regulation (EC) No 32/2000 is amended as follows:






(1)


The following Articles are inserted:

‘Article 10a
For the purpose of apportioning tariff rate quotas included in the schedule of concessions and commitments of the Union following the withdrawal of the United Kingdom from the Union and while ensuring consistency with the methodology referred to in Article 1(1) of Regulation (EU) 2019/216 of the European Parliament and of the Council (*1) and, in particular, ensuring that the market access into the Union as composed after the withdrawal of the United Kingdom does not exceed that which is reflected in the share of trade flows during a representative period, the Commission is empowered to adopt delegated acts in accordance with Article 10b to amend Annex I to this Regulation in order to take account of the following:






(a)


any international agreement concluded by the Union under Article XXVIII of GATT 1994, concerning the tariff rate quotas referred to in Annex I to this Regulation; and










(b)


pertinent information that it may receive either in the context of negotiations under Article XXVIII of GATT 1994, or from other sources with an interest in a specific tariff rate quota.






Article 10b

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.


2.   The power to adopt delegated acts referred to in Article 10a shall be conferred on the Commission for a period of five years from 9 February 2019. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.


3.   The delegation of powers referred to in Article 10a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.


4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (*2).


5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.


6.   A delegated act adopted pursuant to Article 10a shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.



(*1)  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 38, 8.2.2019, p. 1)."
                        

(*2)  
                                          OJ L 123, 12.5.2016, p. 1.’
                                       "
                        










(2)


Annex I is replaced by the text in Part B of the Annex to this Regulation.






Article 7

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


2.   Articles 1(2) and 6(2) shall apply from the day following that on which Regulation (EC) No 32/2000 ceases to apply to and in the United Kingdom.


3.   Articles other than those referred to in paragraph 2 shall apply as from the day of entry into force of this Regulation.





This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 January 2019.


For the European Parliament


The President

A. TAJANI
            



For the Council


The President

G. CIAMBA
            





(1)  Position of the European Parliament of 16 January 2019 (not yet published in the Official Journal) and decision of the Council of 28 January 2019.

(2)  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).

(3)  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 (OJ L 347, 20.12.2013, p. 671).

(4)  Commission Regulation (EC) No 847/2006 of 8 June 2006 opening and providing for the administration of Community tariff quotas for certain prepared or preserved fish (OJ L 156, 9.6.2006, p. 8).

(5)  Council Decision 2006/324/EC of 27 February 2006 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Thailand pursuant to Articles XXIV:6 and XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union (OJ L 120, 5.5.2006, p. 17).

(6)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

(7)  Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits (OJ L 124, 8.6.1971, p. 1).

(8)  
            OJ L 123, 12.5.2016, p. 1.

(9)  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).




ANNEX
PART A











Product Description


Unit


EU-28 scheduled quantity


Country (1)



Order number


EU-27 share in quota usage (2)



EU-27 TRQ size




Live bovine animals


head


710 


EO (3)



090114


100  %


710 




Live bovine animals


head


711 


EO


090115


100  %


711 




Live bovine animals


head


24 070 


EO


090113


100  %


24 070 




Meat of bovine animals, fresh, chilled or frozen
Edible offal of bovine animals, fresh, chilled or frozen


t (product weight)


7 150 


AUS


094451


34,7  %


2 481 




High quality meat with or without bone


t (product weight)


17 000 


ARG


094450


99,6  %


16 936 




Boneless high quality meat of bovine animals, fresh or chilled


t (product weight)


12 500 


99,6  %


12 453 




High quality meat with or without bone


t (product weight)


2 300 


URY


094452


87,9  %


2 022 




Boneless high quality meat of bovine animals, fresh or chilled


t (product weight)


4 076 


87,9  %


3 584 




Meat of bovine animals, fresh, chilled or frozen
Edible offal of bovine animals, fresh, chilled or frozen


t (product weight)


11 500 


USA/CAN


094002


99,8  %


11 481 




High quality meat of bovine animals, fresh, chilled or frozen


t


 


PAR


094455


71,1  %


711 




High quality meat of bovine animals, fresh, chilled or frozen


t


1 300 


NZL


094454


65,1  %


846 




Boneless meat of bovine animals, fresh, chilled or frozen
Edible offal of bovine animals, fresh, chilled or frozen


t


10 000 


BRA


094453


89,5  %


8 951 




Meat of bovine animals, frozen
Edible offal of bovine animals, frozen


t (boneless weight)


54 875 


EO


094003


79,7  %


43 732 




Boneless buffalo meat, frozen


t (without bone)


2 250 


AUS


094001


62,4  %


1 405 




Boneless buffalo meat, frozen
Boneless buffalo meat, fresh, chilled or frozen


t (without bone)


200 


ARG


094004


100  %


200 




Meat of bovine animals, frozen
Edible offal of bovine animals, frozen


t (bone-in weight)


63 703 


EO


094057


30,9  %


19 676 




Meat of bovine animals, frozen
Edible offal of bovine animals, frozen


t (bone-in weight)


EO


094058




Edible offal of bovine animals, frozen


t


800 


OTH (4)



094020


100  %


800 




Edible offal of bovine animals, frozen


t


700 


ARG


094460


100  %


700 




Meat of swine, fresh, chilled or frozen:






—


Carcasses and half-carcasses of domestic swine, fresh, chilled or frozen






t


15 067 


EO


090122


100  %


15 067 




Meat of swine, fresh, chilled or frozen:






—


Cuts of domestic swine, fresh, chilled or frozen, with or without bone, excluding tenderloin presented separately






t


4 624 


CAN


094204


100  %


4 623 




Meat of swine, fresh, chilled or frozen:






—


Cuts of domestic swine, fresh, chilled or frozen, with or without bone, excluding tenderloin presented separately






t


6 135 


EO


090123


100  %


6 133 




Meat of swine, fresh, chilled or frozen:






—


Loins of domestic swine and cuts thereof, with bone in, fresh or chilled










—


Bellies (streaky) of domestic swine and cuts thereof, frozen






t


7 000 


EO


090119


100  %


7 000 




Meat of swine, fresh, chilled or frozen:






—


Boneless loins and hams of domestic swine, fresh, chilled or frozen






t


35 265 


EO


094038


36  %


12 680 




Meat of swine, fresh, chilled or frozen:






—


Boneless loins and hams of domestic swine, fresh, chilled or frozen






t


4 922 


USA


094170


36  %


1 770 




Meat of swine, fresh, chilled or frozen:






—


Tenderloins of domestic swine, fresh, chilled or frozen






t


5 000 


EO


090118


75,6  %


3 780 




Prepared or preserved meat of domestic swine


t


6 161 


EO


090121


100  %


6 161 




Sausages, dry or for spreading, uncooked
Other sausages


t


3 002 


EO


090120


5,5  %


164 




Live sheep and goats, other than pure-bred breeding animals


t (carcasse weight)


105 


OTH


092019


100  %


105 




Live sheep and goats, other than pure-bred breeding animals


t (carcasse weight)


215 


MKD


 


100  %


215 




Live sheep and goats, other than pure-bred breeding animals


t (carcasse weight)


91 


EO


092019


100  %


91 




Meat of sheep or goats, fresh, chilled or frozen


t (carcasse weight)


23 000 


ARG


092011


73,9  %


17 006 




Meat of sheep or goats, fresh, chilled or frozen


t (carcasse weight)


600 


ISL


090790


58,2  %


349 




Meat of sheep or goats, fresh, chilled or frozen


t (carcasse weight)


850 


BIH


 


48,3  %


410 




Meat of sheep or goats, fresh, chilled or frozen


t (carcasse weight)


19 186 


AUS


092012


20  %


3 837 




Meat of sheep or goats, fresh, chilled or frozen


t (carcasse weight)


3 000 


CHL


091922


87,6  %


2 628 




Meat of sheep or goats, fresh, chilled or frozen


t (carcasse weight)


100 


GRL


090693


48,3  %


48 




Meat of sheep or goats, fresh, chilled or frozen


t (carcasse weight)


228 389 


NZL


092013


50  %


114 184 




Meat of sheep or goats, fresh, chilled or frozen


t (carcasse weight)


5 800 


URY


092014


82,1  %


4 759 




Meat of sheep or goats, fresh, chilled or frozen


t (carcasse weight)


200 


OTH


092015


100  %


200 




Meat of sheep or goats, fresh, chilled or frozen


t (carcasse weight)


200 


EO


092016


89,2  %


178 




Chicken carcasses, fresh, chilled or frozen


t


6 249 


EO


094067


64,9  %


4 054 




Chicken cuts, fresh, chilled or frozen


t


8 570 


EO


094068


96,3  %


8 253 




Boneless cuts of fowls of the species Gallus domesticus, frozen


t


2 705 


EO


094069


89,7  %


2 427 




Cuts of fowls of the species Gallus domesticus, frozen


t


9 598 


BRA


094410


86,6  %


8 308 




Cuts of fowls of the species Gallus domesticus, frozen


t


15 500 


EO


094411


86,9  %


13 471 




Cuts of fowls of the species Gallus domesticus, frozen


t


094412




Turkey meat, fresh, chilled or frozen


t


1 781 


EO


094070


100  %


1 781 




Cuts of turkeys, frozen


t


3 110 


BRA


094420


86,5  %


2 692 




Cuts of turkeys, frozen


t


4 985 


EO


094421


85,3  %


4 253 




Cuts of turkeys, frozen


t


094422




Meat and edible offal of poultry, fresh, chilled or frozen


t


21 345 


USA


094169


100  %


21 345 




Salted poultry meat


t


170 807 


BRA


094211


76,1  %


129 930 




Salted poultry meat


t


92 610 


THA


094212


73,8  %


68 385 




Salted poultry meat


t


828 


OTH


094213


99,5  %


824 




Prepared turkey meat


t


92 300 


BRA


094217


97,5  %


89 950 




Prepared turkey meat


t


11 596 


OTH


094218


97,5  %


11 301 




Cooked meat of fowls of the species Gallus domesticus



t


79 477 


BRA


094214


66,3  %


52 665 




Cooked meat of fowls of the species Gallus domesticus



t


160 033 


THA


094215


68,4  %


109 441 




Cooked meat of fowls of the species Gallus domesticus



t


11 443 


OTH


094216


74  %


8 471 




Processed chicken meat, uncooked, containing 57 % or more by weight of poultry meat or offal


t


15 800 


BRA


094251


69,4  %


10 969 




Processed chicken meat, uncooked, containing 57 % or more by weight of poultry meat or offal


t


340 


OTH


094261


69,4  %


236 




Processed chicken meat, containing 25 % or more but less than 57 % by weight of poultry meat or offal


t


62 905 


BRA


094252


94,9  %


59 699 




Processed chicken meat, containing 25 % or more but less than 57 % by weight of poultry meat or offal


t


14 000 


THA


094254


57,3  %


8 019 




Processed chicken meat, containing 25 % or more but less than 57 % by weight of poultry meat or offal


t


2 800 


OTH


094260


59,6  %


1 669 




Processed chicken meat, containing less than 25 % by weight of poultry meat or offal


t


295 


BRA


094253


55,3  %


163 




Processed chicken meat, containing less than 25 % by weight of poultry meat or offal


t


2 100 


THA


094255


55,3  %


1 162 




Processed chicken meat, containing less than 25 % by weight of poultry meat or offal


t


470 


OTH


094262


55,3  %


260 




Processed duck, geese, guinea fowl meat, uncooked, containing 57 % or more by weight of poultry meat or offal


t


10 


THA


094257


0  %


0 




Processed duck, geese, guinea fowl meat, cooked, containing 57 % or more by weight of poultry meat or offal


t


13 500 


THA


094256


63,5  %


8 572 




Processed duck, geese, guinea fowl meat, cooked, containing 57 % or more by weight of poultry meat or offal


t


220 


OTH


094263


72,1  %


159 




Processed duck, geese, guinea fowl meat, cooked, containing 25 % or more but less than 57 % by weight of poultry meat or offal


t


600 


THA


094258


50  %


300 




Processed duck, geese, guinea fowl meat, cooked, containing 25 % or more but less than 57 % by weight of poultry meat or offal


t


148 


OTH


094264


0  %


0 




Processed duck, geese, guinea fowl meat, cooked, containing less than 25 % by weight of poultry meat or offal


t


600 


THA


094259


46,4  %


278 




Processed duck, geese, guinea fowl meat, cooked, containing less than 25 % by weight of poultry meat or offal


t


125 


OTH


094265


46,4  %


58 




Poultry eggs for consumption, in shell


t


135 000 


EO


094015


84,9  %


114 669 




Eggs yolks
Bird eggs, not in shell


t (shell egg equivalent)


7 000 


EO


094401


100  %


7 000 




Egg albumin


t (shell egg equivalent)


15 500 


EO


094402


100  %


15 500 




Skimmed-milk powder


t


68 537 


EO


094590


99,998  %


68 536 




Butter and other fats and oils derived from milk


t (in butter equivalent)


11 360 


EO


094599


100  %


11 360 




Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 % manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process.
Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 % manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process which may involve the cream passing through a stage where the butterfat is concentrated and/or fractionated (the process referred to as ‘Ammix’ and ‘Spreadable’).


t


74 693 


NZL


094182


63,2  %


47 177 




Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 % manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process.
Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 % manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process which may involve the cream passing through a stage where the butterfat is concentrated and/or fractionated (the process referred to as ‘Ammix’ and ‘Spreadable’).


t


 


NZL


094195


 


 




Cheese and curd:






—


Pizza cheese, frozen, cut into pieces each weighing not more than 1 g, in containers with a net content of 5 kg or more, of a water content, by weight, of 52 % or more, and a fat content, by weight, in the dry matter of 38 % or more






t


5 360 


EO


094591


100  %


5 360 




Cheese and curd:






—


Emmentaler, including processed Emmentaler






t


18 438 


EO


094592


100  %


18 438 




Cheese and curd:






—


Gruyère, Sbrinz, including processed Gruyère






t


5 413 


EO


094593


100  %


5 413 




Cheese and curd:






—


Cheese for processing






t


20 007 


EO


094594


58,7  %


11 741 




Cheese for processing


t


4 000 


NZL


094515


41,7  %


1 670 




Cheese for processing


t


500 


AUS


094522


100  %


500 




Cheese and curd:






—


Cheddar






t


15 005 


EO


094595


99,6  %


14 941 




Cheddar


t


7 000 


NZL


094514


62,3  %


4 361 




Cheddar


t


3 711 


AUS


094521


100  %


3 711 




Cheddar


t


4 000 


CAN


094513


0  %


0 




Other cheeses


t


19 525 


EO


094596


100  %


19 525 




Potatoes, fresh or chilled, from 1 January to 15 May


t


4 295 


EO


090055


99,9  %


4 292 




Tomatoes


t


472 


EO


090094


98,2  %


464 




Garlic


t


19 147 


ARG


094104


100  %


19 147 




Garlic


t


ARG


094099




Garlic


t


48 225 


CHN


094105


84,1  %


40 556 




Garlic


t


CHN


094100




Garlic


t


6 023 


OTH


094106


61,6  %


3 711 




Garlic


t


OTH


094102




Carrots and turnips, fresh or chilled


t


1 244 


EO


090056


95,8  %


1 192 




Cucumbers, fresh or chilled, from 1 November to 15 May


t


1 134 


EO


090059


44,1  %


500 




Other vegetables, fresh or chilled (sweet peppers)


t


500 


EO


090057


100  %


500 




Dried onions


t


12 000 


EO


090035


80,8  %


9 696 




Manioc (casava)


t


5 750 000 


THA


090708


53,8  %


3 096 027 




Manioc (casava) other than pellets of flour and meal
Arrowroot, salep and similar roots and tubers with high starch content


t


825 000 


IDN


090126


0  %


0 




Manioc (casava) other than pellets of flour and meal
Arrowroot, salep and similar roots and tubers with high starch content


t


350 000 


CHN


090127


78,8  %


275 805 




Manioc (casava) other than pellets of flour and meal
Arrowroot, salep and similar roots and tubers with high starch content


t


145 590 


OTH


090128


85,5  %


124 552 




Manioc (casava) other than pellets of flour and meal
Arrowroot, salep and similar roots and tubers with high starch content


t


30 000 


NW


090129


100  %


30 000 




Manioc (casava) other than pellets of flour and meal
Arrowroot, salep and similar roots and tubers with high starch content


t


2 000 


NW


090130


84,6  %


1 691 




Sweet potatoes, other than for human consumption


t


600 000 


CHN


090124


42,1  %


252 641 




Sweet potatoes, other than for human consumption


t


5 000 


OTH


090131


99,7  %


4 985 




Mushrooms of the species Agaricus, prepared, preserved or provisionally preserved


t


33 980 


EO


 


100  %


33 980 




Mushrooms of the species Agaricus, prepared, preserved or provisionally preserved


t


1 450 


CHN


 


100  %


1 450 




Almonds, other than bitter


t


90 000 


EO


090041


95,5  %


85 958 




Sweet oranges, fresh


t


20 000 


EO


090025


100  %


20 000 




Other citrus hybrids


t


15 000 


EO


090027


99,5  %


14 931 




Lemons, from 15 January to 14 June


t


10 000 


EO


090039


81,6  %


8 156 




Table grapes, fresh, from 21 July to 31 October


t


1 500 


EO


090060


59  %


885 




Apples, fresh, from 1 April to 31 July


t


696 


EO


090061


95,7  %


666 




Pears, fresh, other than perry pears in bulk, from 1 August to 31 December


t


1 000 


EO


090062


81  %


810 




Apricots, fresh, from 1 August to 31 May


t


500 


EO


090058


14,9  %


74 




Apricots, fresh, from 1 June to 31 July


t


2 500 


EO


090063


55,5  %


1 387 




Cherries, fresh, other than sour cherries, from 21 May to 15 July


t


800 


EO


090040


13,1  %


105 




Preserved pineapples, citrus fruit, pears, apricots, cherries, peaches and strawberries


t


2 838 


EO


090092


99,4  %


2 820 




Orange juice, frozen, of a density not exceeding 1,33 g/cm3 at 20 °C


t


1 500 


EO


090033


100  %


1 500 




Fruit juices


t


7 044 


EO


090093


91,4  %


6 436 




Grape juice (including grape must)


t


14 029 


EO


090067


0  %


0 




Durum wheat


t


50 000 


EO


090074


100  %


50 000 




Quality wheat


t


300 000 


EO


090075


100  %


300 000 




Common wheat (medium and low quality)


t


572 000 


USA


094123


99,99  %


571 943 




Common wheat (medium and low quality)


t


38 853 


CAN


094124


3,8  %


1 463 




Common wheat (medium and low quality)


t


2 371 600 


OTH


094125


96,4  %


2 285 665 




Common wheat (medium and low quality)


t


129 577 


EO


094133


100  %


129 577 




Barley


t


307 105 


EO


094126


99,9  %


306 812 




Malting barley


t


50 890 


EO


090076


40,9  %


20 789 




Preparations consisting of a mixture of malt sprouts and of barley screenings before the malting process (possibly including other seeds) with barley cleanings after the malting process, and containing, by weight, 12,5 % or more of protein
Preparations consisting of a mixture of malt sprouts and of barley screenings before the malting process (possibly including their seeds) with barley cleanings after the malting process, and containing, by weight, 12,5 % or more of protein and not more than 28 % of starch


t


20 000 


EO


092905


100  %


20 000 




Preparations consisting of a mixture of malt sprouts and of barley screenings before the malting process (possibly including other seeds) with barley cleanings after the malting process, and containing, by weight, 15,5 % or more of protein
Preparations consisting of a mixture of malt sprouts and of barley screenings before the malting process (possibly including other seeds) with barley cleanings after the malting process, and containing, by weight, 15,5 % or more of protein and not more than 23 % of starch


t


100 000 


EO


092903


100  %


100 000 




Maize


t


277 988 


EO


094131


96,8  %


269 214 




Maize


t


500 000 


EO


No order number


100  %


500 000 




Maize


t


2 000 000 


EO


No order number


100  %


2 000 000 




Corn gluten


t


10 000 


USA


090090


100  %


10 000 




Grain sorghum


t


300 000 


EO


No order number


100  %


300 000 




Millet


t


1 300 


EO


090071


68,3  %


888 




Worked oats, other than kibbled


t


10 000 


EO


090043


2,3  %


231 




Manioc starch


t


8 000 


EO


090132


82,9  %


6 632 




Manioc starch


t


2 000 


EO


090132


82,9  %


1 658 




Bran, sharps and other residues whether or not in the form of pellets derived from the sifting, milling or other working of cereals


t


475 000 


EO


090072


96,4  %


458 068 




Paddy rice


t


7 


EO


090083


66,7  %


5 




Husked (brown) rice


t


1 634 


EO


094148


86,6  %


1 416 




Semi-milled or wholly milled rice


t


63 000 


EO


 


58,3  %


36 731 




Semi-milled or wholly milled rice


t


4 313 


THA


094112


84,9  %


3 663 




Semi-milled or wholly milled rice


t


9 187 


OTH


 


74,7  %


6 859 




Semi-milled or wholly milled rice


t


1 200 


THA


094112


84,9  %


1 019 




Semi-milled or wholly milled rice


t


25 516 


OT


094166


88  %


22 442 




Broken rice, intended for the production of foodstuffs of subheading 1901 10 00 


t


1 000 


EO


094079


100  %


1 000 




Broken rice


t


31 788 


EO


094168


83,6  %


26 581 




Broken rice


t


100 000 


EO


 


93,7  %


93 709 




Raw cane sugar, for refining


t


9 925 


AUS


094317


50  %


4 961 




Raw cane sugar, for refining


t


388 124 


BRA


094318


92,4  %


358 454 




Raw cane sugar, for refining


t


10 000 


CUB


094319


100  %


10 000 




Raw cane sugar, for refining


t


372 876 


EO


094320


91,6  %


341 460 




Cane or beet sugar


t (white sugar equivalent)


10 000 


IDN


094321


58,4  %


5 841 




Cane or beet sugar


t (white sugar equivalent)


1 294 700 


ACP


N/A


71,2  %


921 707 




Other preparations of a kind used in animal feeding:
Containing no milk products or containing less than 10 % by weight of such products


t


2 800 


EO


090073


98,1  %


2 746 




Other preparations of a kind used in animal feeding:
Containing no milk products or containing less than 10 % by weight of such products


t


2 700 


EO


090070


98,9  %


2 670 




Dog and cat food


t


2 058 


EO


090089


67,7  %


1 393 




Wine of fresh grapes (other than sparkling wine and quality wine produced in specified regions) in containers holding ≤ 2 L and of an alcoholic strength of ≤ 13 % vol


hl


40 000 


EO


090097


11,7  %


4 689 




Wine of fresh grapes (other than sparkling wine and quality wine produced in specified regions) in containers holding > 2 L and of an alcoholic strength of ≤ 13 % vol


hl


20 000 


EO


090095


78,2  %


15 647 




Vermouth and other wine of fresh grapes, flavoured with plants or aromatic substances in containers holding > 2 L and of an alcoholic strength of ≤ 18 % vol


hl


13 810 


EO


090098


99,99  %


13 808 




PART B

List of community tariff quotas bound in GATT

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.











Order number


CN code


Taric subdivision


Description of goods


Quota period


Quota volume


Rate of duty (%)




09.0006


0302 41 00 


 


Herring


From 16.6. to 14.2.


31 888  tonnes


0 




 


0303 51 00 


 




 


0304 59 50 


 




 


ex 0304 59 90 


10 


 


 


 


 




 


0304 99 23 


 




09.0007


ex 0305 51 10 


10 


Cod of the species Gadus morhua and Gadus ogac and fish of the species Boreogadus saida:



From 1.1. to 31.12.


24 998  tonnes


0 




 


 


20 




 


ex 0305 51 90 


10 








—


dried, whether or not salted but not smoked










—


salted but not dried or smoked and in brine








 


 


20 




 


0305 53 10 


 




 


ex 0305 62 00 


20 




 


 


25 




 


 


50 


 


 


 


 




 


 


60 




 


0305 69 10 


 




 


0305 72 00 


10 




 


 


15 




 


 


20 




 


 


25 




 


 


30 




 


 


35 




 


 


50 


 


 


 


 




 


 


52 




 


 


56 




 


 


60 




 


 


62 




 


 


64 




 


0305 79 00 


10 




 


 


15 




 


 


20 




 


 


25 


 


 


 


 




 


 


30 




 


 


35 




 


 


50 




 


 


52 




 


 


56 




 


 


60 




 


 


62 




 


 


64 




09.0008


0302 31 10 
0302 32 10 
0302 33 10 
0302 34 10 
0302 35 11 
0302 35 91 
0302 36 10 
0302 39 20 
0302 49 11 
0302 89 21 
0303 41 10 


 


Tunas (of the genus Thunnus) and fish of the genus Euthynnus, for use in the canning industry (5)



From 1.1. to 31.12.


17 221  t


0 




 


0303 42 20 
0303 43 10 
0303 44 10 
0303 45 12 
0303 45 91 
0303 46 10 
0303 49 20 
0303 59 21 
0303 89 21 


 


 


 


 


 




09.0009


ex 0302 54 19 


10 


Silver hake (Merluccius bilinearis), fresh, chilled or frozen


From 1.1. to 31.12.


1 999  tonnes


8 




 


ex 0303 66 19 


11 




 


 


19 




09.0013


ex 4412 39 00 


10 


Plywood of Coniferous species, without the addition of other substances:






—


of a thickness greater than 8,5 mm, the faces of which are not further prepared than the peeling process










—


or sanded, and of a thickness greater than 18,5 mm






From 1.1. to 31.12.


482 648  m3



0 




 


ex 4412 99 85 


10 




09.0019


7202 21 00 


 


Ferro-silicon


From 1.1. to 31.12.


12 600  tonnes


0 




 


7202 29 


 




09.0021


7202 30 00 


 


Ferro-silicon-manganese


From 1.1. to 31.12.


18 550  tonnes


0 




09.0023


ex 7202 49 10 


20 


Ferro-chromium containing not more than 0,10 % by weight of carbon and more than 30 % but not more than 90 % of chromium (super-refined ferrochromium)


From 1.1. to 31.12.


2 804  tonnes


0 




 


ex 7202 49 50 


11 




09.0045


ex 0303 19 00 


10 


Fish, frozen, of the genus Coregonus



From 1.1. to 31.12.


1 000  tonnes


5,5 




09.0046


ex 1605 40 00 


30 


Freshwater crayfish cooked with dill, frozen


From 1.1. to 31.12.


2 965  tonnes


0 




09.0047


ex 1605 21 10 


40 


Shrimps and prawns of the Species Pandalus borealis, shelled, boiled and frozen, but not otherwise prepared


From 1.1. to 31.12.


474 tonnes


0 




 


ex 1605 21 90 


40 




 


ex 1605 29 00 


40 




09.0048


ex 0304 89 90 


10 


Fillets of fish, frozen, of the species Allo-cyttus spp. and Pseu-docyttus maculatus



From 1.1. to 31.12.


200 tonnes


0 




09.0050


ex 5306 10 10 


10 


Unbleached flax yarn (other than tow yarn), not put up for retail sale, measuring 333,3 decitex or more (not exceeding 30 metric numbers), intended for the manufacture of multiple or cabled yarn for the footwear industry or for whipping cables (5)



From 1.1. to 31.12.


400 tonnes


1,8 




 


ex 5306 10 30 


10 




09.0051


7018 10 90 


 


Similar glass smallwares other than glass beads, imitation pearls and imitation precious or semi-precious stones


From 1.1. to 31.12.


52 tonnes


0 




09.0052


1806 20 


 


Chocolate


From 1.7. to 30.6.


2 026  tonnes


38 




1806 31 00 




1806 32 




1806 90 




09.0053


1704 


 


Sugar confectionery (including white chocolate), not containing cocoa


From 1.7. to 30.6.


2 245  tonnes


35 




09.0054


1905 90 


 


Other than crispbread, gingerbread and the like, sweet biscuits, waffles and wafers, rusks, toasted bread and similar toasted products


From 1.7. to 30.6.


409 tonnes


40 




09.0084


1702 50 00 


 


Chemically pure fructose


From 1.1. to 31.12.


1 253  tonnes


20 




09.0085


1806 


 


Chocolate and other food preparations containing cocoa


From 1.1. to 31.12.


81 tonnes


43 




09.0086


1902 11 00 


 


Pasta, whether or not cooked or stuffed or otherwise prepared, except stuffed pasta of CN subheadings 1902 20 10  and 1902 20 30 ; couscous, whether or not prepared


From 1.1. to 31.12.


497 tonnes


11 




1902 19 




1902 20 91 




1902 20 99 




1902 30 




1902 40 




09.0087


1901 90 99 


 


Food preparations of cereals


From 1.1. to 31.12.


191 tonnes


33 




1904 30 00 




1904 90 80 




1905 90 20 




09.0088


2106 90 98 


 


Other food preparations not elsewhere specified or included


From 1.1. to 31.12.


702 tonnes


18 




09.0091


1702 50 00 


 


Chemically pure fructose


From 1.7. to 30.6.


4 504  tonnes



 (6)





09.0096


2106 90 98 


 


Other food preparations not elsewhere specified or included, allocated to the United States of America


From 1.7. to 30.6.


831 tonnes


EA (7)





PART C











Product Description


Unit


EU-28 scheduled quantity


Country


Order number


EU-27 share in quota usage


EU-27 TRQ size




Fisheries products not listed in Council Regulation (EC) No 32/2000




Prepared or preserved fish (excl. whole or in pieces): of tuna, skipjack or other fish of the genus Euthynnus



t


1 816 


THA


090704


100  %


1 816 




Prepared or preserved fish (excl. whole or in pieces): of tuna, skipjack or other fish of the genus Euthynnus



t


742 


EO


090705


100  %


742 




Prepared or preserved fish (excl. whole or in pieces): of sardines, bonito, mackerel of the species Scomber scombrus and Scomber japonicas, fish of the species Orcynopsis unicolor


t


1 410 


THA


090706


8,7  %


123 




Prepared or preserved fish (excl. whole or in pieces): of sardines, bonito, mackerel of the species Scomber scombrus and Scomber japonicas, fish of the species Orcynopsis unicolor


t


865 


EO


090707


72,9  %


631 






(1)  For official country codes please refer to: http://www.nationsonline.org/oneworld/country_code_list.htm

(2)  For presentational purposes, the percentage for the EU-27 share in quota usage has been rounded to one decimal place. The EU-27 tariff rate quota size is, however, calculated based on the exact percentage.

(3)  EO = erga omnes.


(4)  OTH = others.

(5)  The reduction of the customs duty shall be subject to the conditions laid down in the relevant provisions of the European Union with a view to customs control of the use of such goods (see Article 254 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (OJ L 269, 10.10.2013, p. 1)).

(6)  Suspension of specific duty as from 1 July 1995; the ad valorem duty to be taken into account is the duty in force appearing in 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).

(7)  The symbol ‘EA’ indicates that the goods are chargeable with an ‘agricultural component’ fixed in accordance with Regulation (EEC) No 2658/87.






Statement by the Commission

The Commission fully adheres to the principles of Better Regulation and to the commitments laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. It will therefore endeavour to put forward a legislative proposal to the Council and to the European Parliament at the earliest opportunity, with a view to aligning Regulation (EC) No 32/2000 to the legal framework introduced by the Lisbon Treaty.