Commission Implementing Regulation (EU) 2021/760 of 7 May 2021 amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 as regards the management system of some tariff quotas with licences and repealing Implementing Regulation (EU) 2020/991
Date: 2021-05-07
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: agricultural product, common organisation of markets, common tariff policy, export (EU), export licence, import (EU), import licence, tariff quota, third country




L_2021162EN.01002501.xml










10.5.2021   


EN


Official Journal of the European Union


L 162/25








            COMMISSION IMPLEMENTING REGULATION (EU) 2021/760
of 7 May 2021
         
amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 as regards the management system of some tariff quotas with licences and repealing Implementing Regulation (EU) 2020/991


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), first subparagraph, point (a), 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 replaces and repeals a certain number of acts that have opened these quotas and provides for specific rules.












(2)


In order to clarify precisely by when Member States need to notify the quantities covered by licences and the information related to the Licence Operator Registration and Identification electronic system (‘LORI electronic system’) referred to in Article 13 of Commission Delegated Regulation (EU) 2020/760 (5), certificates of authenticity and IMA1 certificates, Articles 16, 17 and 61 of Implementing Regulation (EU) 2020/761 should be amended.












(3)


The rules on the validity of IMA 1 certificates for dairy products need to be amended and aligned to the general rules on the period of validity of import licences. Therefore, the last sentence of Article 53(6) of Implementing Regulation (EU) 2020/761 should be deleted.












(4)


In case operators apply for export licences electronically they should also be allowed to submit in the same way the declaration of eligibility of United States importers accompanying applications for export licences under cheese quotas opened by the United States. Therefore, Article 59 of Implementing Regulation (EU) 2020/761 should be amended.












(5)


Pursuant to Article 61(2) of Implementing Regulation (EU) 2020/761, Member States have the duty to notify to the Commission all data referring to operators who lodged applications for export under the cheese quotas opened by the United States, including their EORI number. Since not all operators are required to have such a number, Member States should notify this number only in case of operators having it. Therefore, that Article needs to be amended.












(6)


Pursuant to Articles 71(3), and 72(2), of Implementing Regulation (EU) 2020/761, and by derogation from Article 6(1) and (2) of that Regulation, operators applying for export tariff quotas managed by third countries and subject to specific Union rules, and for import tariff quotas managed with documents issued by the exporting countries, can submit more than one application for licences per month, any day. In order to ensure consistency of this management method, the derogation from Article 6 of that Regulation should refer to the whole Article and not only to its paragraphs 1 and 2. Moreover, Article 72(4) of that Regulation should be corrected by introducing a specific reference to IMA 1 certificates.












(7)


For the sake of clarity, it is appropriate to harmonise the rules concerning the filling of Sections 8 and 24 of applications for import licences and of licences, with regard to the indication of the country of origin of goods. Therefore, Articles 22 and 29 of Implementing Regulation (EU) 2020/761, as well as the relevant boxes of tariff quotas in Annexes II to XII to that Regulation should be amended.












(8)


Commission Implementing Regulation (EU) 2020/991 (6) opens three tariff quotas for rice originating in Vietnam. In view to harmonise the management of these tariff quotas with the rules laid down in Implementing Regulation (EU) 2020/761, the tables and the rules governing those three tariff quotas should be integrated into Implementing Regulation (EU) 2020/761 and Implementing Regulation (EU) 2020/991 should be repealed. Therefore, Articles 27 and 29 of Implementing Regulation (EU) 2020/761 should be amended, and a new Article 29a should be integrated into that Regulation.












(9)


The table concerning tariff quota with order number 09.4450 set out in Annex VIII to Implementing Regulation (EU) 2020/761 should be updated with the new beef classification and the new name of the authority competent for issuing Certificates of authenticity communicated by Argentina.












(10)


To avoid any misunderstanding concerning the maximum age of bovine animals whose carcasses are eligible under tariff quota with order number 09.4002 set out in Annex VIII to Implementing Regulation (EU) 2020/761, the relevant table of that Annex should be amended.












(11)


In order to exclude tenderloins from the products eligible under tariff quotas with order numbers 09.4038 and 09.4170 set out in Annex X to Implementing Regulation (EU) 2020/761, the relevant tables of that Annex should be amended.












(12)


Reference to Article 61 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (7) in the box ‘Proof of origin for release into free circulation’ of the tables of several tariff quotas is not necessary, and it might be misinterpreted. To avoid any misinterpretation and consequent issues to trade operators, such reference should be deleted. In the same sense, Article 4(5) of Commission Implementing Regulation (EU) 2020/1988 (8) should be amended to clarify the scope of its reference to Article 61 of Regulation (EU) No 952/2013. Moreover, the reference to certificates of authenticity in Article 4(4) of Implementing Regulation (EU) 2020/1988 should be extended to all documents mentioned in Chapter II and Annex II to that Regulation.












(13)


In order to simplify the management of tariff quotas governed by Implementing Regulation (EU) 2020/1988 certain parent-quotas for butter and veal should be deleted and the relevant sub-quotas should be managed as tariff quotas.












(14)


Following a mistake in integrating Council Regulation (EC) No 1095/96 (9) into Implementing Regulation (EU) 2020/1988, the table of tariff quota under order number 09.0141 should be integrated with all the other order numbers that govern the products listed in its product description, with effect on the ongoing tariff quota period.












(15)


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












(16)


In order to ensure the timely application of the amendments when operators will submit licence applications for tariff quotas with periods starting in July 2021, this Regulation should enter into force as a matter of urgency on the day following that of its publication in the Official Journal of the European Union. Amendments to tariff quotas managed with licences should apply as from the first licence application period following the entry into force of this Regulation, with the exception of those modifying the requirements of proof of origin for release into free circulation for tariff quotas with order numbers 09.4123, 09.4125, 09.4112, 09.4116, 09.4117, 09.4118, 09.4119, 09.4130 and 09.4154, which should apply from the beginning of the ongoing tariff quota periods. Amendments to tariff quotas managed on a ‘first come first served’ principle should apply to the ongoing tariff quota periods as from their beginning. Amendments concerning the integration of Implementing Regulation (EU) 2020/991 into Implementing Regulation (EU) 2020/761 should apply as of the next tariff quota period starting on 1 January 2022.












(17)


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)


Article 16 is amended as follows:






(a)


paragraph 2 is amended as follows:






(i)


in point (a), the word ‘before’ is replaced by ‘at the latest on’;










(ii)


in point (b), the word ‘before’ is replaced by ‘at the latest on’;














(b)


paragraph 3, first subparagraph, is amended as follows:






(i)


in point (a), the word ‘before’ is replaced by ‘at the latest on’;










(ii)


in point (b), the word ‘before’ is replaced by ‘at the latest on’;










(iii)


in point (c), the word ‘before’ is replaced by ‘at the latest on’;


















(2)


in Article 17, paragraph 5 is amended as follows:






(a)


in point (a), the word ‘before’ is replaced by ‘at the latest on’;










(b)


in point (b), the word ‘before’ is replaced by ‘at the latest on’;














(3)


Article 22 is replaced by the following:

‘Article 22
Application and licence content
The import licence application and the licence shall in all cases mention in Section 24 one of the entries listed in Annex XIV.’;











(4)


Article 27 is amended as follows:






(a)


in the fourth paragraph the words ‘and 09.4168’ are replaced by ‘, 09.4168, 09.4729, 09.4730 and 09.4731’;










(b)


the following sixth paragraph is added:

                                          ‘For tariff quotas under order numbers 09.4729, 09.4730 and 09.4731 Member States shall notify, in accordance with Article 16, the Commission of quantities in product weight and the Commission shall transform these quantities into the weight equivalent specified in Annex III.’;














(5)


Article 29 is amended as follows:






(a)


the words ‘and 09.4168’ are replaced by ‘, 09.4168, 09.4119, 09.4130 and 09.4154’;










(b)


the following paragraph is added:

                                          ‘By way of derogation from Article 6(5), import licence applications for tariff quotas 09.4729, 09.4730 and 09.4731 shall refer to a single order number and a single CN code. The description of the products and their CN code shall be referred to in Sections 15 and 16, respectively, of the licence application.’;














(6)


The following Article 29a is inserted:

‘Article 29a
Authenticity certificate

1.   The authenticity certificate, issued by a competent body of Vietnam listed in Annex III, stating that the rice belongs to one of the specific varieties of fragrant rice set out for tariff quota with order number 09.4731 shall be drawn up on a form in accordance with the specimen laid down in Annex XIV.2 RICE – Part D. Origin Vietnam. The forms shall be printed and completed in English.


2.   Each authenticity certificate shall bear an individual serial number allocated by the issuing authorities in the top right-hand box. The copies shall bear the same number as the original.


3.   The authenticity certificate shall be valid for 120 days from the date of issue. It shall be valid only if the boxes are duly completed and it is signed. The authenticity certificates shall be considered to have been duly signed if they state the date and place of issue and if they bear the stamp of the issuing authority and the signature of the person or persons empowered to sign them.


4.   The authenticity certificate shall be submitted to the customs authorities in order to verify the existence of the necessary conditions to benefit from the tariff quota with order number 09.4731. The competent body of Vietnam listed in Annex III, shall provide the Commission with any relevant information, which may assist in verifying the information contained on the certificates of authenticity, in particular specimens of the stamps it has used.’;












(7)


in Article 53, paragraph 6 is replaced by the following:

‘6.   A duly authenticated copy of the IMA 1 certificate shall be presented, along with the corresponding import licence and the products to which they relate, to the customs authorities of the importing Member State at the same time when the declaration of release for free circulation in the Union is lodged.’;











(8)


in Article 59, paragraph 8 is replaced by the following:

‘8.   Applications for export licences shall be accompanied by a declaration from the designated United States importer stating its eligibility for import under the United States rules on dairy tariff-rate quota import licensing laid down in part 6 of subtitle A of Title 7 of the Code of Federal Regulations. In case of electronic application, an electronic copy of this declaration may be submitted.’;











(9)


Article 61 is amended as follows:






(a)


in paragraph 2, point (a) is replaced by the following:






‘(a)


a list of applicants, stating their name, address, and EORI number if applicable;’;














(b)


in paragraph 3, the word ‘Before’ is replaced by the words ‘At the latest on’;














(10)


in Article 71, paragraph 3 is replaced by the following:

‘3.   By way of derogation from Article 6, operators may lodge more than one licence application per month, and licence applications may be submitted any day, taking account of Article 3 of Implementing Regulation (EU) 2016/1239.’;











(11)


Article 72 is amended as follows:






(a)


paragraph 2 is replaced by the following:

‘2.   By way of derogation from Article 6, operators may lodge more than one licence application per month and licence applications may be submitted at any day, taking account of Article 3 of Implementing Regulation (EU) 2016/1239.’;











(b)


paragraph 4 is replaced by the following:

‘4.   The licence issuing authority shall verify that information on the certificate of authenticity and on the IMA 1 certificate corresponds to the information it received from the Commission. If that is the case and unless instructed otherwise by the Commission, the licence issuing authority shall issue import licences without delay, no later than six calendar days after receiving the application submitted with a certificate of authenticity or IMA 1 certificate.’;















(12)


Annexes I, II, III, IV, VI, VII, VIII, IX, X, XI, XII and XIV.2 RICE 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)


in Article 2, paragraph 2 is replaced by the following:

‘2.   Article 53(2), points (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, 09.0165, 09.0166, 09.0167, 09.0168, 09.0169, 09.0142, 09.0143, 09.0161, 09.0162, 09.0163, 09.0164, 09.0146, 09.0147, 09.0148, 09.0149, 09.0150, 09.0151, 09.0152, 09.0159, 09.0160, 09.0154, 09.0155, 09.0156, 09.0157 and 09.0158.’;











(2)


Article 4 is amended as follows:






(a)


paragraph 4 is replaced by the following:

‘4.   Where additional documents are required, they shall comply with the requirements laid down in Chapter II and Annex II to this Regulation.’;











(b)


paragraph 5 is replaced by the following:

‘5.   If necessary, customs authorities may additionally require the declarant or importer to prove the origin of the products in accordance with Article 61 of Regulation (EU) No 952/2013 or relevant provisions of the trade arrangement concerned.’;















(3)


Article 13 is amended as follows:






(a)


the heading is replaced by the following:

‘Article 13
Tariff quotas under order numbers 09.0141, 09.0165, 09.0166, 09.0167, 09.0168 and 09.0169’;











(b)


paragraph 1 is replaced by the following:

‘1.   Import within the tariff quotas under order numbers 09.0141, 09.0165, 09.0166, 09.0167, 09.0168 and 09.0169 shall be subject to the presentation of a certificate of origin.’;















(4)


Article 17 is replaced by the following:

‘Article 17
Management of tariff quotas under order numbers 09.0161, 09.0162, 09.0163 and 09.0164
Tariff quotas under order numbers 09.0161 and 09.0163 shall be used to apply for CN code ex 0202 20 30; tariff quotas under order numbers 09.0162 and 09.0164 shall be used to apply for CN codes ex 0202 30 10, ex 0202 30 50, ex 0202 30 90 and ex 0206 29 91.’;











(5)


Article 18 is amended as follows:






(a)


the heading is replaced by the following:

‘Article 18
Definitions for tariff quotas under order numbers 09.0161, 09.0162, 09.0163 and 09.0164’;











(b)


in paragraph 1, the order number ‘09.0144’ is deleted;










(c)


in paragraph 2, the order number ‘09.0145’ is deleted;














(6)


Article 19 is amended as follows:






(a)


the heading is replaced by the following:

‘Article 19
Specific provisions for tariff quotas under order numbers 09.0161, 09.0162, 09.0163 and 09.0164’;











(b)


in paragraph 3, the words ‘09.0144 and 09.0145 and sub-tariff quotas under order numbers’ are deleted;














(7)


Article 29 is replaced by the following:

‘Article 29
Tariff quotas under order numbers 09.0159 and 09.0160
Tariff quota 09.0159 shall be used to apply for CN code 0405 10; tariff quota 09.0160 shall be used to apply for CN code 0405 90.’;











(8)


Annexes I and II are amended in accordance with Annex II to this Regulation.






Article 3

Repeal

Implementing Regulation (EU) 2020/991 is repealed with effect from 1 January 2022.


Article 4

Entry into force and application

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

Article 1 shall apply as from the first licence application period following the entry into force of this Regulation.
However:






(a)


points (2)(d) and (3)(e) of Annex I shall apply from the beginning of the ongoing tariff quota periods;










(b)


Article 1, point (4), point (5)(b) and point (6), and point (1), point (3)(f) and point (12) of Annex I shall apply from 1 January 2022.




Article 2 shall apply from the beginning of the ongoing tariff quota periods.




This Regulation shall be binding in its entirety and directly applicable in the Member States.
Done at Brussels, 7 May 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 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).

(6)  Commission Implementing Regulation (EU) 2020/991 of 13 May 2020 opening and providing for the administration of import tariff quotas fir rice originating in the Socialist Republic of Vietnam (OJ L 221, 10.7.2020, p. 64).

(7)  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).

(8)  Commission Implementing Regulation (EU) 2020/1988 of 11 November 2020 laying down rules for the application of Regulations (EU) No 1308/2013 and 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).

(9)  Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV.6 negotiations (OJ L 146, 20.6.1996, p. 1).




ANNEX I
Annexes I, II, III, IV, VI, VII, VIII, IX, X, XI, XII and XIV.2 RICE to Implementing Regulation (EU) 2020/761 are amended as follows:






(1)


in Annex I, below the row related to tariff rate quota 09.4168, the following rows are inserted:












‘09.4729


Rice


Import


EU: simultaneous examination


No


Yes


 


No




09.4730


Rice


Import


EU: simultaneous examination


No


Yes


 


No




09.4731


Rice


Import


EU: simultaneous examination


No


Yes


 


No’














(2)


Annex II is amended as follows:






(a)


the box ‘Specific entries to be made on the licence application and on the licence’ of the table referring to tariff quota with order number 09.4125 is replaced by the following:






‘Specific entries to be made on the licence application and on the licence



Licences shall contain in Section 24 the statement “Not to be used for products originating in the United States of America, Canada and the United Kingdom”’














(b)


the box ‘Specific entries to be made on the licence application and on the licence’ of the tables referring to tariff quotas with order numbers 09.4131 and 09.4133 is replaced by the following:






‘Specific entries to be made on the licence application and on the licence



Licences shall contain in Section 24 the statement “Not to be used for products originating in the United Kingdom”’














(c)


the box ‘Specific entries to be made on the licence application and on the licence’ of the tables referring to tariff quotas with order numbers 09.4120, 09.4121 and 09.4122 is replaced by the following:






‘Specific entries to be made on the licence application and on the licence



Licences shall contain in Section 24 the statement “Not to be used for products originating in the United Kingdom”.
Section 24 of the licence application shall indicate one of the entries listed in Annex XIV.1 to this Regulation’














(d)


the box ‘Proof of origin for release into free circulation’ of the tables referring to tariff quotas with order numbers 09.4123 and 09.4125 is replaced by the following:






‘Proof of origin for release into free circulation



No’


















(3)


Annex III is amended as follows:






(a)


the box ‘Specific entries to be made on the licence application and on the licence’ of the table referring to TRQ with order number 09.4119 is replaced by the following:






‘Specific entries to be made on the licence application and on the licence



Licences shall contain in Section 24 the statement “Not to be used for products originating in India, Pakistan, Thailand, the United States and the United Kingdom”’














(b)


the box ‘Specific entries to be made on the licence application and on the licence’ of the table referring to TRQ with order number 09.4130 is replaced by the following:






‘Specific entries to be made on the licence application and on the licence



Licences shall contain in Section 24 the statement “Not to be used for products originating in Australia, Thailand, the United States and the United Kingdom”’














(c)


the box ‘Specific entries to be made on the licence application and on the licence’ of the tables referring to TRQs with order numbers 09.4138, 09.4148, 09.4166 and 09.4168 is replaced by the following:






‘Specific entries to be made on the licence application and on the licence



Licences shall contain in Section 24 the statement “Not to be used for products originating in the United Kingdom”’














(d)


the box ‘Specific entries to be made on the licence application and on the licence’ of the table referring to TRQ with order number 09.4154, is replaced by the following:






‘Specific entries to be made on the licence application and on the licence



Licences shall contain in Section 24 the statement “Not to be used for products originating in Australia, Guyana, Thailand, the United States and the United Kingdom”’














(e)


the box ‘Proof of origin for release into free circulation’ of the tables referring to TRQs with order numbers 09.4112, 09.4116, 09.4117, 09.4118, 09.4119, 09.4130 and 09.4154 is replaced by the following:






‘Proof of origin for release into free circulation



No’














(f)


the following tables are added:






‘Order number




09.4729






International agreement or other act




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).





Tariff quota period



1 January to 31 December





Tariff quota sub-periods



1 January to 31 March
1 April to 30 June
1 July to 30 September
1 October to 31 December





Licence application



In accordance with Articles 6, 7, 8 and 29 of this Regulation





Product description



Husked rice [expressed in husked rice equivalent]





Origin



Vietnam





Proof of origin at licence application. If yes, body authorised to issue it



No





Proof of origin for release into free circulation



Yes. A proof of origin as defined by Article 15(2) of Protocol 1 to the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam shall be presented for the release into free circulation.





Quantity in kilograms



20 000 000  kg [expressed in husked rice equivalent], divided as follows:
10 000 000  kg for sub-period 1 January to 31 March
5 000 000  kg for sub-period 1 April to 30 June
5 000 000  kg for sub-period 1 July to 30 September
0 kg for sub-period 1 October to 31 December





CN codes



1006 10 30 
1006 10 50 
1006 10 71 
1006 10 79 
1006 20 11 
1006 20 13 
1006 20 15 
1006 20 17 
1006 20 92 
1006 20 94 
1006 20 96 
1006 20 98 





In-quota customs duty



EUR 0





Proof of trade



Yes. 25 tonnes





Security for import licence



EUR 30 per 1 000  kg





Specific entries to be made on the licence application and on the licence



Section 8 of the import licence application and of the import licence shall contain the name “Viet Nam” or “Viet-Nam” or “Vietnam” and the “Yes” box shall be marked with a cross.





Period of validity of a licence



In accordance with Article 13 of this Regulation





Transferability of licence



Yes





Reference quantity



No





Operator registered in LORI database



No





Specific conditions



Conversion rates between paddy rice, husked rice, semi-milled rice and milled rice referred to in Article 1 of Commission Regulation (EC) No 1312/2008 shall apply














Order number




09.4730






International agreement or other act




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).





Tariff quota period



1 January to 31 December





Tariff quota sub-periods



1 January to 31 March
1 April to 30 June
1 July to 30 September
1 October to 31 December





Licence application



In accordance with Articles 6, 7, 8 and 29 of this Regulation





Product description



Milled rice [expressed in milled rice equivalent]





Origin



Vietnam





Proof of origin at licence application. If yes, body authorised to issue it



No





Proof of origin for release into free circulation



Yes. A proof of origin as defined by Article 15(2) of Protocol 1 to the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam shall be presented for the release into free circulation.





Quantity in kilograms



30 000 000  kg [expressed in milled rice equivalent], divided as follows:
15 000 000  kg for sub-period 1 January to 31 March
7 500 000  kg for sub-period 1 April to 30 June
7 500 000  kg for sub-period 1 July to 30 September
0 kg for sub-period 1 October to 31 December





CN codes



1006 30 21 
1006 30 23 
1006 30 25 
1006 30 27 
1006 30 42 
1006 30 44 
1006 30 46 
1006 30 48 
1006 30 61 
1006 30 63 
1006 30 65 
1006 30 67 
1006 30 92 
1006 30 94 
1006 30 96 
1006 30 98 





In-quota customs duty



EUR 0





Proof of trade



Yes. 25 tonnes





Security for import licence



EUR 30 per 1 000  kg





Specific entries to be made on the licence application and on the licence



Section 8 of the import licence application and of the import licence shall contain the name “Viet Nam” or “Viet-Nam” or “Vietnam” and the “Yes” box shall be marked with a cross.





Period of validity of a licence



In accordance with Article 13 of this Regulation





Transferability of licence



Yes





Reference quantity



No





Operator registered in LORI database



No





Specific conditions



Conversion rates between paddy rice, husked rice, semi-milled rice and milled rice referred to in Article 1 of Commission Regulation (EC) No 1312/2008 shall apply














Order number




09.4731






International agreement or other act




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).





Tariff quota period



1 January to 31 December





Tariff quota sub-periods



1 January to 31 March
1 April to 30 June
1 July to 30 September
1 October to 31 December





Licence application



In accordance with Articles 6, 7, 8 and 29 of this Regulation





Product description



Milled rice [expressed in milled rice equivalent]
following varieties of fragrant rice:
Jasmine 85
ST 5
ST 20
Nang Hoa 9 (NàngHoa 9)
VD 20
RVT
OM 4900
OM 5451
Tai nguyen Cho Dao (Tàinguyên Cho Dào)





Origin



Vietnam





Proof of origin at licence application. If yes, body authorised to issue it



No





Proof of origin for release into free circulation



Yes. A proof of origin as defined by Article 15(2) of Protocol 1 to the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam shall be presented for the release into free circulation.
Certificate of Authenticity (CA) the template of which is set out in Annex XIV.2 RICE Part D: Origin Vietnam, Certificate of Authenticity to this Regulation. Issuing authority: Ministry of Agriculture and Rural Development of Viet Nam





Quantity in kilograms



30 000 000  kg [expressed in milled rice equivalent], divided as follows:
15 000 000  kg for sub-period 1 January to 31 March
7 500 000  kg for sub-period 1 April to 30 June
7 500 000  kg for sub-period 1 July to 30 September
0 kg for sub-period 1 October to 31 December





CN codes



1006 10 30 
1006 10 50 
1006 10 71 
1006 10 79 
1006 20 11 
1006 20 13 
1006 20 15 
1006 20 17 
1006 20 92 
1006 20 94 
1006 20 96 
1006 20 98 
1006 30 21 
1006 30 23 
1006 30 25 
1006 30 27 
1006 30 42 
1006 30 44 
1006 30 46 
1006 30 48 
1006 30 61 
1006 30 63 
1006 30 65 
1006 30 67 
1006 30 92 
1006 30 94 
1006 30 96 
1006 30 98 





In-quota customs duty



EUR 0





Proof of trade



Yes. 25 tonnes





Security for import licence



EUR 30 per 1 000  kg





Specific entries to be made on the licence application and on the licence



Section 8 of the import licence application and of the import licence shall contain the name “Viet Nam” or “Viet-Nam” or “Vietnam” and the “Yes” box shall be marked with a cross.





Period of validity of a licence



In accordance with Article 13 of this Regulation





Transferability of licence



Yes





Reference quantity



No





Operator registered in LORI database



No





Specific conditions



Conversion rates between paddy rice, husked rice, semi-milled rice and milled rice referred to in Article 1 of Commission Regulation (EC) No 1312/2008 shall apply’


















(4)


in Annex IV, the box ‘Specific entries to be made on the licence application and on the licence’ of the table referring to tariff quota with order number 09.4320 is replaced by the following:






‘Specific entries to be made on the licence application and on the licence



Section 20 shall indicate ‘Sugar intended for refining’ and the text as set out in Annex XIV.3 Part A to this Regulation
Licences shall contain in Section 24 the statement “Not to be used for products originating in the United Kingdom”’














(5)


in Annex VI, the box ‘Specific entries to be made on the licence application and on the licence’ of the table referring to tariff quota with order number 09.4287 is replaced by the following:






‘Specific entries to be made on the licence application and on the licence



Licences shall contain in Section 24 the statement “Not to be used for products originating in China, Argentina and the United Kingdom”’














(6)


in Annex VII, the box ‘Specific entries to be made on the licence application and on the licence’ of the table referring to tariff quota with order number 09.4286 is replaced by the following:






‘Specific entries to be made on the licence application and on the licence



Licences shall contain in Section 24 the statement “Not to be used for products originating in China and the United Kingdom”’














(7)


Annex VIII is amended as follows:






(a)


the box ‘Specific entries to be made on the licence application and on the licence’ of the table referring to tariff quota with order number 09.4003 is replaced by the following:






‘Specific entries to be made on the licence application and on the licence



Licences shall contain in Section 24 the statement “Not to be used for products originating in the United Kingdom”’














(b)


the boxes ‘Product description’ and ‘Proof of origin at licence application.’ of the table referring to tariff quota with order number 09.4450 are replaced by the following:






‘Product Description



High quality boneless beef meeting the following definition: “Selected beef cuts obtained from steers, young steers or heifers having been exclusively fed through pasture grazing since their weaning. The steer and heavy young steer carcasses shall be classified as ‘A’, ‘B’, or ‘C’. The light young steer and heifer carcasses shall be classified as ‘A’ or ‘B’ according to the official carcass classification system established by the competent authority of the Argentine Republic.”





Proof of origin at licence application. If yes, body authorised to issue it



Yes. Certificate of Authenticity (CA), the template of which is set out in Annex XIV to this Regulation Issuing authority: Ministerio de Agricultura, Ganadería y Pesca.’














(c)


the box ‘Product description’ of the table referring to tariff quota with order number 09.4002 is replaced by the following:






‘Product Description



High quality fresh, chilled or frozen meat of bovine animals meeting the following definition: “Carcasses or any cuts obtained from bovine animals less than 30 months of age which have been fed for 100 days or more on nutritionally balanced, high-energy-content rations containing not less than 70 % grain and comprising at least 20 pounds total feed per day. Beef graded ‘choice’ or ‘prime’ according to USDA (United States Department of Agriculture) standards automatically meets the above definition. Meat graded ‘Canada A’, ‘Canada AA’, ‘Canada AAA’, ‘Canada Choice’ and ‘Canada Prime’, ‘A1’, ‘A2’, ‘A3’ and ‘A4’, according to the Canadian Food Inspection Agency – Government of Canada, corresponds to this definition”’.


















(8)


in Annex IX, the box ‘Specific entries to be made on the licence application and on the licence’ of the table referring to tariff quota with order number 09.4595 is replaced by the following:






‘Specific entries to be made on the licence application and on the licence



Licences shall contain in Section 24 the statement ‘Not to be used for products originating in the United Kingdom’’














(9)


Annex X is amended as follows:






(a)


the box ‘Specific entries to be made on the licence application and on the licence’ of the table referring to tariff quota with order number 09.4038, is replaced by the following:






‘Specific entries to be made on the licence application and on the licence



Licences shall contain in Section 24 the statement ‘Not to be used for products originating in the United Kingdom’














(b)


the box ‘Product description’ of the table referring to tariff quotas with order numbers 09.4038 and 09.4170’ is replaced by the following:






‘Product Description



Boned loins and hams, fresh, chilled or frozen which shall include:






—


“Boneless loins”: loins and cuts thereof, without tenderloin, with or without subcutaneous fat or rind










—


ham and cuts of ham’






















(10)


in Annex XI, the box ‘Specific entries to be made on the licence application and on the licence’ of the tables referring to tariff quotas with order numbers 09.4401 and 09.4402 is replaced by the following:






‘Specific entries to be made on the licence application and on the licence



Licences shall contain in Section 24 the statement “Not to be used for products originating in the United Kingdom”’














(11)


Annex XII is amended as follows:






(a)


the box ‘Specific entries to be made on the licence application and on the licence’ of the tables referring to tariff quotas with order numbers 09.4067, 09.4068, 09.4069, 09.4070 and 09.4422 is replaced by the following:






‘Specific entries to be made on the licence application and on the licence



Licences shall contain in Section 24 the statement “Not to be used for products originating in the United Kingdom”’














(b)


the boxes ‘Proof of origin at licence application’ and ‘Proof of origin for release into free circulation’ of the tables referring to tariff quotas with order numbers 09.4410, 09.4411 and 09.4420 are replaced by the following:






‘Proof of origin at licence application. If yes, body authorised to issue it



No.





Proof of origin for release into free circulation



Yes. In accordance with Articles 57, 58 and 59 of Regulation (EU) 2015/2447’


















(12)


in Annex XIV.2 RICE, the following Part D is added:

                                 ‘
                                 PART D. Origin Vietnam


Certificate of Authenticity















1


Exporter (Name and full address)






CERTIFICATE OF AUTHENTICITY
for export to the European Union
No ORIGINAL
issued by (Name and full address of issuing body)










2


Consignee (Name and full address)








 








3


country and place of cultivation














4


country of destination in EU














5


Packing 5 kg or less (number of packings)














6


Description of goods












7


Packing between 5 and 20 kg (number of packings)














8


Net weight (kg)
Gross weight (kg)














9


DECLARATION BY EXPORTER The undersigned declares that the information shown above is correct.








Place and date:…


Signature:…










10


CERTIFICATION BY THE ISSUING BODY
It is hereby certified that the rice described above is one of the varieties of fragrant rice listed in Annex III of Commission Implementing Regulation (EU) No 2020/761 and that the information shown in this certificate is correct.








Place and date:


Signature:


Stamp:










11


FOR COMPETENT AUTHORITIES IN THE EUROPEAN UNION’

















ANNEX II
Annexes I and II to Implementing Regulation (EU) 2020/1988 are amended as follows:






(1)


the tables referring to tariff quotas with order numbers 09.0144, 09.0145, and 09.0153 are deleted;










(2)


the table referring to tariff quota with order number 09.0141 is replaced by the following:






‘Order number




09.0141 - Husked rice

09.0165 - Paddy rice

09.0166 - Milled rice (medium-grained or long-grained)

09.0167 - Milled rice (round-grained)

09.0168 - Semi-milled rice (medium-grained or long-grained)

09.0169 - Semi-milled rice (round-grained)





Specific legal basis



Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV.6 negotiations





Product description and CN codes



Husked rice:






 


1006 20 




Paddy rice:






 


1006 10 30 










 


1006 10 50 










 


1006 10 71 










 


1006 10 79 




Milled rice (medium-grained or long-grained):






 


1006 30 63 










 


1006 30 65 










 


1006 30 67 










 


1006 30 94 










 


1006 30 96 










 


1006 30 98 




Milled rice (round-grained):






 


1006 30 61 










 


1006 30 92 




Semi-milled rice (medium-grained or long-grained):






 


1006 30 23 










 


1006 30 25 










 


1006 30 27 










 


1006 30 44 










 


1006 30 46 










 


1006 30 48 




Semi-milled rice (round-grained):






 


1006 30 21 










 


1006 30 42 









TARIC codes



-





Origin



Bangladesh





Quantity



Equivalent to 4 000 000  kg of husked rice





Tariff quota period



1 January to 31 December





Tariff quota sub-periods



Not applicable





Proof of origin



Certificate of origin, in accordance with Article 13 of this Regulation





In-quota customs duty



For CN codes 1006 10 30 , 1006 10 50 , 1006 10 71  and 1006 10 79 : the customs duties fixed in the Common Customs Tariff less 50 % and less a further EUR 4,34
For CN code 1006 20 : the duty fixed in accordance with Article 183 of Regulation (EU) No 1308/2013 less 50 % and less a further EUR 4,34;
For CN code 1006 30 : the duty fixed in accordance with Article 183 of Regulation (EU) No 1308/2013 less EUR 16,78, less a further 50 % and less a further EUR 6,52.





Security to be lodged in accordance with Article 2 of Delegated Regulation (EU) 2020/1987



Not applicable





Specific conditions



In accordance with Article 13 of this Regulation’














(3)


the table referring to tariff quotas with order numbers 09.0161 and 09.0162 is replaced by the following:






‘Order number




09.0161 - Bone-in

09.0162 - Boneless





Specific legal basis



Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV.6 negotiations
Agreement in the form of an Exchange of Letters between the European Community and Australia pursuant to Article XXIV:6 and Article 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 (1), concluded by Council Decision 2006/106/EC (2).





Product description and CN codes



Frozen beef intended for the manufacture of A- products:






 


ex 0202 20 30  (see TARIC codes)










 


ex 0202 30 10  (see TARIC codes)










 


ex 0202 30 50  (see TARIC codes)










 


ex 0202 30 90  (see TARIC codes)










 


ex 0206 29 91  (see TARIC codes)




“A-product” as defined in Article 18 of this Regulation





TARIC codes



0202203081 
0202203082 
0202301081 
0202301082 
0202305081 
0202305082 
0202309041 
0202309042 
0202309070 
0206299133 
0206299135 
0206299151 
0206299159 





Origin



All third countries except the United Kingdom





Quantity



15 443 000  kg bone-in equivalent





Tariff quota period



1 July to 30 June





Tariff quota sub-periods



Not applicable





Proof of origin



Not applicable





In-quota customs duty



20 % ad valorem





Security to be lodged in accordance with Article 2 of Delegated Regulation (EU) 2020/1987



For CN code ex 0202 20 30 : EUR 1 414  per 1 000  kg net weight
For CN code ex 0202 30 10 : EUR 2 211  per 1 000  kg net weight
For CN code ex 0202 30 50 : EUR 2 211  per 1 000  kg net weight
For CN code ex 0202 30 90 : EUR 3 041  per 1 000  kg net weight
For CN code ex 0206 29 91 : EUR 3 041  per 1 000  kg net weight





Specific conditions



In accordance with Articles 17 and 19 of this Regulation














(4)


the table referring to tariff quotas with order numbers 09.0163 and 09.0164 is replaced by the following:






‘Order number




09.0163 - Bone-in

09.0164 - Boneless





Specific legal basis



Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV.6 negotiations
Agreement in the form of an Exchange of Letters between the European Community and Australia pursuant to Article XXIV:6 and Article 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, concluded by Council Decision 2006/106/EC





Product description and CN codes



Frozen beef intended for the manufacture of B-products:






 


ex 0202 20 30  (see TARIC codes)










 


ex 0202 30 10  (see TARIC codes)










 


ex 0202 30 50  (see TARIC codes)










 


ex 0202 30 90  (see TARIC codes)










 


ex 0206 29 91  (see TARIC codes)




“B-product” as defined in Article 18 of this Regulation





TARIC codes



0202203083 
0202203084 
0202301083 
0202301084 
0202305083 
0202305084 
0202309043 
0202309044 
0202309075 
0206299137 
0206299138 
0206299161 
0206299169 





Origin



All third countries, except the United Kingdom





Quantity



4 233 000  kg bone-in equivalent





Tariff quota period



1 July to 30 June





Tariff quota sub-periods



Not applicable





Proof of origin



Not applicable





In-quota customs duty



For CN code ex 0202 20 30 : 20 % + EUR 994,5 per 1 000  kg net
For CN code ex 0202 30 10 : 20 % + EUR 1 554,3  per 1 000  kg net
For CN code ex 0202 30 50 : 20 % + EUR 1 554,3  per 1 000  kg net
For CN code ex 0202 30 90 : 20 % + EUR 2 138,4  per 1 000  kg net
For CN code ex 0206 29 91 : 20 % + EUR 2 138,4  per 1 000  kg net





Security to be lodged in accordance with Article 2 of Delegated Regulation (EU) 2020/1987



For CN code ex 0202 20 30 : EUR 420 per 1 000  kg net weight
For CN code ex 0202 30 10 : EUR 657 per 1 000  kg net weight
For CN code ex 0202 30 50 : EUR 657 per 1 000  kg net weight
For CN code ex 0202 30 90 : EUR 903 per 1 000  kg net weight
For CN code ex 0206 29 91 : EUR 903 per 1 000  kg net weight





Specific conditions



In accordance with Articles 17 and 19 of this Regulation’














(5)


the table referring to tariff quotas with order numbers 09.0159 and 09.0160 is replaced by the following:






‘Order number




09.0159 - Butter

09.0160 - Other





Specific legal basis



Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV.6 negotiations





Product description and CN codes



Butter and other fats and oils derived from milk:






 


0405 10 










 


0405 90 









TARIC codes



-





Origin



All third countries, except the United Kingdom





Quantity



11 360 000  kg in butter equivalent, divided as follows: 5 680 000  kg for each sub-period





Tariff quota period



1 July to 30 June





Tariff quota sub-periods



1 July to 31 December
1 January to 30 June





Proof of origin



Not applicable





In-quota customs duty



EUR 94,80 per 100 kg net weight





Security to be lodged in accordance with Article 2 of Delegated Regulation (EU) 2020/1987



Not applicable





Specific conditions



For CN code 0405 90 : 1 kg product = 1,22 kg butter
In accordance with Article 29 of this Regulation’














(6)


in Annex II, the heading of Part B is replaced by the following:






‘B.



Tariff quota under order numbers 09.0141, 09.0165, 09.0166, 09.0167, 09.0168 and 09.0169’.










(1)  
            OJ L 47, 17.2.2006, p. 54.

(2)  Council Decision 2006/106/EC of 30 January 2006 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Australia pursuant to Article XXIV:6 and Article 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 47, 17.2.2006, p. 52).’;