Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2019/216 of the European Parliament and of the Council as regards Union tariff rate quota for high quality beef from Paraguay
Date: 2021-06-18
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Paraguay, World Trade Organisation, beef, fresh meat, frozen product, import (EU), originating product, product quality, refrigerated product, tariff quota

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 18.6.2021  COM(2021) 313 final 2021/0146 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2019/216 of the European Parliament and of the Council as regards Union tariff rate quota for high quality beef from Paraguay   
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

On  29  March  2017,  the  Government  of  the  United  Kingdom  (UK)  notified  the  European 
Council of the UK’s intention to withdraw from the European Union (EU). Since 1 February 
2020, the United Kingdom has become a “third country”. Since 1 January 2021, after the end 
of  the  transition  period,  the  European  Union’s  common  commercial  policy  does  no  longer 
apply to the United Kingdom. 

UK’s decision to withdraw from the EU has created the need to “apportion” the quantitative 
commitments  contained  in  the  EU-28  WTO  schedule  for  the  143  EU  agricultural,  fish  and 
industrial WTO tariff rate quotas (TRQs). The EU initiated this process in Geneva in October 
2018. The basis of this approach has been to fully maintain the existing volume of each TRQ 
in the future, but split across two separate customs territories: the EU-27 and the UK. 

Paraguay has a tariff rate quota of 1 000 tonnes for high quality bovine meat (order number 
094455),  which  is  not  included  in  the  EU’s  WTO  schedule.  This  TRQ  was  erroneously 
included  in  the  apportionment  exercise  and  thus  reduced  to  711  tonnes  on  the  EU-27  side 
without any corresponding volume being opened on the UK side.  

This  means  Paraguay’s  market  access  has  been  reduced  from  1  000  tonnes  to  711  tonnes 
with application as of 1 January 2021. 

This amending Regulation aims at restoring the correct EU-27 volume (1 000 tonnes) for the 
TRQ 094455. 

• 

Consistency with existing policy provisions in the policy area 

This initiative is in line with the EUs ongoing actions to ensure that the consequences of the 
withdrawal of the UK from the EU are dealt with in an orderly manner. 

• 

Consistency with other Union policies 

As above. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Article 207(2) of the Treaty on the Functioning of the European Union (TFEU). 

• 

Subsidiarity (for non-exclusive competence)  

The common commercial policy is an exclusive competence of the Union. 

• 

Proportionality 

The envisaged measure is the only way of ensuring the desired result. 

EN 

1 

  EN 

 
• 

Choice of the instrument 

The original provision was laid down by a Regulation of the European Parliament and of the 
Council. Another Regulation of the European Parliament and of the Council is then needed to 
amend it. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not applicable. 

• 

Stakeholder consultations 

Not applicable. 

• 

Collection and use of expertise 

Not applicable. 

• 

Impact assessment 

Not applicable. 

• 

Regulatory fitness and simplification 

Not applicable. 

• 

Fundamental rights 

The proposal has no impact on fundamental rights.  

4. 

BUDGETARY IMPLICATIONS 

Not applicable. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable. 

• 

Explanatory documents (for directives) 

Not applicable. 

• 

Detailed explanation of the specific provisions of the proposal 

Article 1 amends Regulation (EU) 2019/216 of the European Parliament and of the Council to 
prevent tariff rate quota with order number 094455 from being apportioned. 

Article 2 provides for the entry into force of the Regulation, seven days after its publication in 
the Official Journal of the European Union. 

EN 

2 

  EN 

2021/0146 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) 2019/216 of the European Parliament and of the Council as 
regards Union tariff rate quota for high quality beef from Paraguay 

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, 

Whereas: 

(1) 

(2) 

(3) 

Following  the  United  Kingdom’s  withdrawal  from  the  Union,  the  Union  and  the 
United Kingdom notified the other Members of the World Trade Organization (WTO) 
that their current market access level will be maintained but apportioned respectively 
between the Union and the United Kingdom. The methodology for this apportionment, 
as well as the new EU-27 volumes, are laid down in Regulation (EU) 2019/216 of the 
European Parliament and of the Council1. 

The Union’s tariff rate quotas that are not part of the Union’s schedule of concessions 
and commitments should not be apportioned. 
Council Regulation (EC) No 1149/20022 opens an import tariff quota of 1 000 tonnes 
of  high-quality  fresh,  chilled  or  frozen  beef.  Despite  not  being  part  of  the  Union’s 
WTO  schedule,  this  tariff  quota  was  incorrectly  apportioned  by  Regulation  (EU) 
2019/216, thus reducing its volume with application as of 1 January 2021. The original 
volume of that tariff quota should therefore be restored. 

(4) 

Regulation (EU) 2019/216 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

In the Annex, Part A, to Regulation (EU) 2019/216, the row relating to order number 094455 
(High quality meat of bovine animals, fresh, chilled or frozen from Paraguay) is deleted. 

Article 1 

1 

2 

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 L 38, 8.2.2019, p. 1). 
Council Regulation (EC) No 1149/2002 of 27 June 2002 opening an autonomous quota for imports of 
high-quality beef (OJ L 170, 29.6.2002, p. 13). 

EN 

3 

  EN 

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

Article 2 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

EN 

4 

  EN