Source: EURLEX
Language: en
Format: md

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| 23.11.2020 | EN | Official Journal of the European Union | L 392/9 |

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COMMISSION IMPLEMENTING REGULATION (EU) 2020/1739

of 20 November 2020

amending and correcting Implementing Regulation (EU) 2020/761 as regards the quantities available for tariff rate quotas for certain agricultural products included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, a tariff quota for poultrymeat originating in Ukraine and a tariff quota for meat of bovine animals originating in Canada

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)](#ntr1-L_2020392EN.01000901-E0001), and in particular point (a) of the first paragraph of Article 187 thereof,

Whereas:

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| (1) | Commission Delegated Regulation (EU) 2020/760 [(2)](#ntr2-L_2020392EN.01000901-E0002) and Commission Implementing Regulation (EU) 2020/761 [(3)](#ntr3-L_2020392EN.01000901-E0003) lay 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 replace and repeal a certain number of acts that have opened those quotas and provide for specific rules. |

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| (2) | Commission Implementing Regulation (EU) 2019/386 [(4)](#ntr4-L_2020392EN.01000901-E0004), which lays down rules on the allocation of tariff rate quotas for certain agricultural products included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, establishes that, from the day from which Article 1(2) of Regulation (EU) 2019/216 of the European Parliament and of the Council [(5)](#ntr5-L_2020392EN.01000901-E0005) applies, the tariff rate quota quantities set out in the Regulations opening the respective tariff rate quotas for certain agricultural products are replaced by the new quantities resulting from the apportionment, as set out in the third column of Annexes I and II to Implementing Regulation (EU) 2019/386. In order to ensure that the quantities of the tariff rate quotas laid down in Implementing Regulation (EU) 2020/761 are consistent with the new quantities of the tariff rate quotas resulting from the apportionment as laid down in the third column of Annex I to Implementing Regulation (EU) 2019/386, the relevant tariff rate quota quantities set out in Annexes II, III, IV, VI, VIII, IX, X and XII to Implementing Regulation (EU) 2020/761 should be amended accordingly. |

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| (3) | Following discussions between the Union and the United Kingdom, an agreement on new quantities for four tariff quotas in the rice sector was reached. It is therefore also appropriate to amend the quantities for tariff quotas under order numbers 09.4127, 09.4128, 09.4129 and 09.4130 set out in Annex III to Implementing Regulation (EU) 2020/761. |

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| (4) | Commission Implementing Regulation (EU) 2020/94 [(6)](#ntr6-L_2020392EN.01000901-E0006) amends Implementing Regulation (EU) 2015/2078 [(7)](#ntr7-L_2020392EN.01000901-E0007) that provides for the opening and administration of Union import tariff quotas for poultry meat originating in Ukraine, in order to take account of the tariff rate quota quantities and CN codes made available pursuant to an Agreement in the form of an Exchange of Letters between the European Union and Ukraine amending the trade preferences for poultry meat and poultry meat preparations provided for by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, approved by Council Decision (EU) 2019/2145 [(8)](#ntr8-L_2020392EN.01000901-E0008) (‘the Agreement’). It is therefore appropriate to amend the quantity and CN codes of the tariff rate quota under order number 09.4273 set out in Annex XII to Implementing Regulation (EU) 2020/761 in order to take account of the tariff rate quota quantities and CN codes made available pursuant to the Agreement. |

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| (5) | It is necessary to correct an editorial error in Annex VIII to Implementing Regulation (EU) 2020/761 as regards the product description for a tariff quota on meat of bovine animals originating in Canada. |

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| (6) | Implementing Regulation (EU) 2020/761 should therefore be amended and corrected accordingly. |

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| (7) | To ensure legal certainty and in order for the revised quantities of the tariff rate quotas to apply to the licence applications that may be submitted for tariff quotas with a tariff quota period starting on 1 January 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. |

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| (8) | 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:

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| (1) | Annexes II, III, IV, VI, VIII, IX and X are amended as set out in Annex I to this Regulation; |

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| (2) | Annex XII is amended as set out in Annex II to this Regulation. |

Article 2

Correction to Implementing Regulation (EU) 2020/761

In Annex VIII to Implementing Regulation (EU) 2020/761, for order number 09.4281, the product description ‘Meat of bovine animals, excluding bison, fresh or chilled’ is replaced by ‘Meat of bovine animals, excluding bison, frozen or other’.

Article 3

Entry into force

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

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

Done at Brussels, 20 November 2020.

For the Commission

The President

Ursula VON DER LEYEN

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ANNEX I

Annexes II, III, IV, VI, VIII, IX and X to Implementing Regulation (EU) 2020/761 are amended as follows:

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| (1) | in Annex II, for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column:   |  |  | | --- | --- | | Order number | New quantity | | 09.4123 | ‘571 943 000 kg’ | | 09.4125 | ‘2 285 665 000 kg, divided as follows: 50 % for each sub-period’ | | 09.4131 | ‘269 214 000 kg, divided as follows: 50 % for each sub-period’ | |

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| (2) | in Annex III, for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column:   |  |  | | --- | --- | | Order number | New quantity | | 09.4112 | ‘4 682 000 kg, divided as follows:  4 682 000 kg for sub-period 1 January to 30 June  Carry over from previous sub-periods, for sub-period 1 July to 31 August  Carry over from previous sub-periods, for sub-period 1 September to 31 December’ | | 09.4116 | ‘990 000 kg, divided as follows:  990 000 kg for sub-period 1 January to 30 June  Carry over from previous sub-periods, for sub-period 1 July to 31 August  Carry over from previous sub-periods, for sub-period 1 September to 31 December’ | | 09.4117 | ‘1 458 000 kg, divided as follows:  1 458 000 kg for sub-period 1 January to 30 June  Carry over from previous sub-periods, for sub-period 1 July to 31 August  Carry over from previous sub-periods, for sub-period 1 September to 31 December’ | | 09.4118 | ‘1 370 000 kg, divided as follows:  1 370 000 kg for sub-period 1 January to 30 June  Carry over from previous sub-periods, for sub-period 1 July to 31 August  Carry over from previous sub-periods, for sub-period 1 September to 31 December’ | | 09.4119 | ‘3 041 000 kg, divided as follows:  3 041 000 kg for sub-period 1 January to 30 June  Carry over from previous sub-periods, for sub-period 1 July to 31 August  Carry over from previous sub-periods, for sub-period 1 September to 31 December’ | | 09.4127 | ‘17 251 000 kg, divided as follows:  4 313 000 kg for sub-period 1 January to 31 March  8 626 000 kg for sub-period 1 April to 30 June  4 312 000 kg for sub-period 1 July to 31 August  Carry over from previous sub-periods, for sub-period 1 September to 30 September’ | | 09.4128 | ‘17 728 000 kg, divided as follows:  8 864 000 kg for sub-period 1 January to 31 March  4 432 000 kg for sub-period 1 April to 30 June  4 432 000 kg for sub-period 1 July to 31 August  Carry over from previous sub-periods, for sub-period 1 September to 30 September’ | | 09.4129 | ‘220 000 kg, divided as follows:  0 kg for sub-period 1 January to 31 March  220 000 kg for sub-period 1 April to 30 June  Carry over from previous sub-periods, for sub-period 1 July to 31 August  Carry over from previous sub-periods, for sub-period 1 September to 30 September’ | | 09.4130 | ‘1 532 000 kg, divided as follows:  0 kg for sub-period 1 January to 31 March  1 532 000 kg for sub-period 1 April to 30 June  Carry over from previous sub-periods, for sub-period 1 July to 31 August  Carry over from previous sub-periods, for sub-period 1 September to 30 September’ | | 09.4148 | ‘1 416 000 kg, divided as follows:  1 416 000 kg for sub-period 1 January to 30 June  Carry over from previous sub-periods, for sub-period 1 July to 30 September  Carry over from previous sub-periods, for sub-period 1 October to 31 December’ | | 09.4149 | ‘48 729 000 kg, divided as follows:  34 110 000 kg for sub-period 1 January to 30 June  14 619 000 kg for sub-period 1 July to 31 December’ | | 09.4150 | ‘14 993 000 kg, divided as follows: 50 % for each sub-period’ | | 09.4153 | ‘8 434 000 kg, divided as follows: 50 % for each sub-period’ | | 09.4154 | ‘11 245 000 kg, divided as follows: 50 % for each sub-period’ | | 09.4166 | ‘22 442 000 kg, divided as follows:  7 480 000 kg for sub-period 1 January to 30 June  14 962 000 kg for sub-period 1 July to 31 August  Carry over for sub-period 1 September to 31 December’ | | 09.4168 | ‘26 581 000 kg, divided as follows:  26 581 000 kg for sub-period 1 September to 30 September  Carry over from previous sub-period, for sub-period 1 October to 31 December’ | |

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| (3) | in Annex IV, for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column:   |  |  | | --- | --- | | Order number | New quantity | | 09.4317 | ‘4 961 000 kg’ | | 09.4318 | ‘TRQ periods until 2023/2024: 308 518 000 kg  TRQ periods from 2024/2025: 380 555 000 kg’ | | 09.4320 | ‘260 390 000 kg’ | | 09.4321 | ‘5 841 000 kg’ | | 09.4329 | ‘TRQ periods until 2021/2022: 72 037 000 kg  TRQ period 2022/2023: 54 028 000 kg’ | | 09.4330 | ‘TRQ period 2022/2023: 18 009 000 kg  TRQ period 2023/2024: 54 028 000 kg’ | |

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| (4) | in Annex VI, for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column:   |  |  | | --- | --- | | Order number | New quantity | | 09.4285 | ‘40 556 000 kg, divided as follows:  10 423 000 kg for sub-period 1 June to 31 August  10 423 000 kg for sub-period 1 September to 30 November  9 044 000 kg for sub-period 1 December to 28/29 February  10 666 000 kg for sub-period 1 March to 31 May’ | | 09.4287 | ‘3 711 000 kg, divided as follows:  822 000 kg for sub-period 1 June to 31 August  1 726 000 kg for sub-period 1 September to 30 November  822 000 kg for sub-period 1 December to 28/29 February  341 000 kg for sub-period 1 March to 31 May’ | |

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| (5) | in Annex VIII, for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column:   |  |  | | --- | --- | | Order number | New quantity | | 09.4001 | ‘1 405 000 kg expressed in weight of boneless meat’ | | 09.4002 | ‘11 481 000 kg product weight, divided as follows:  the quantity available for each sub-period shall correspond to one twelfth of the total quantity’ | | 09.4003 | ‘43 732 000 kg, boneless equivalent’ | | 09.4450 | ‘29 389 000 kg boneless meat’ | | 09.4451 | ‘2 481 000 kg product weight’ | | 09.4452 | ‘5 606 000 kg boneless meat’ | | 09.4453 | ‘8 951 000 kg boneless meat’ | | 09.4454 | ‘846 000 kg product weight’ | | 09.4455 | ‘711 000 kg boneless meat’ | |

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| (6) | in Annex IX, for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column:   |  |  | | --- | --- | | Order number | New quantity | | 09.4182 | ‘21 230 000 kg, divided as follows: 50 % for each sub-period’ | | 09.4195 | ‘25 947 000 kg, divided as follows: 50 % for each sub-period’ | | 09.4514 | ‘4 361 000 kg’ | | 09.4515 | ‘1 670 000 kg’ | | 09.4595 | ‘14 941 000 kg, divided as follows: 50 % for each sub-period’ | |

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| (7) | in Annex X, for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column:   |  |  | | --- | --- | | Order number | New quantity | | 09.4038 | ‘12 680 000 kg, divided as follows: 25 % for each sub-period’ | | 09.4170 | ‘1 770 000 kg net weight, divided as follows: 25 % for each sub-period’ | | 09.4282 | ‘TRQ period 2021: 68 048 000 kg, divided as follows: 25 % for each sub-period  TRQ periods from 2022: 80 548 000 kg, divided as follows: 25 % for each sub-period’ | |

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ANNEX II

Annex XII to Implementing Regulation (EU) 2020/761 is amended as follows:

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| (1) | for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column:   |  |  | | --- | --- | | Order number | New quantity | | 09.4067 | ‘4 054 000 kg, divided as follows: 25 % for each sub-period’ | | 09.4068 | ‘8 253 000 kg, divided as follows: 25 % for each sub-period’ | | 09.4069 | ‘2 427 000 kg, divided as follows: 25 % for each sub-period’ | | 09.4211 | ‘129 930 000 kg, divided as follows:  30 % for sub-period 1 July to 30 September  30 % for sub-period 1 October to 31 December  20 % for sub-period 1 January to 31 March  20 % for sub-period 1 April to 30 June’ | | 09.4212 | ‘68 385 000 kg, divided as follows:  30 % for sub-period 1 July to 30 September  30 % for sub-period 1 October to 31 December  20 % for sub-period 1 January to 31 March  20 % for sub-period 1 April to 30 June’ | | 09.4213 | ‘824 000 kg’ | | 09.4214 | ‘52 665 000 kg, divided as follows:  30 % for sub-period 1 July to 30 September  30 % for sub-period 1 October to 31 December  20 % for sub-period 1 January to 31 March  20 % for sub-period 1 April to 30 June’ | | 09.4215 | ‘109 441 000 kg, divided as follows:  30 % for sub-period 1 July to 30 September  30 % for sub-period 1 October to 31 December  20 % for sub-period 1 January to 31 March  20 % for sub-period 1 April to 30 June’ | | 09.4216 | ‘8 471 000 kg, divided as follows:  30 % for sub-period 1 July to 30 September  30 % for sub-period 1 October to 31 December  20 % for sub-period 1 January to 31 March  20 % for sub-period 1 April to 30 June’ | | 09.4217 | ‘89 950 000 kg, divided as follows:  30 % for sub-period 1 July to 30 September  30 % for sub-period 1 October to 31 December  20 % for sub-period 1 January to 31 March  20 % for sub-period 1 April to 30 June’ | | 09.4218 | ‘11 301 000 kg, divided as follows:  30 % for sub-period 1 July to 30 September  30 % for sub-period 1 October to 31 December  20 % for sub-period 1 January to 31 March  20 % for sub-period 1 April to 30 June’ | | 09.4251 | ‘10 969 000 kg, divided as follows:  30 % for sub-period 1 July to 30 September  30 % for sub-period 1 October to 31 December  20 % for sub-period 1 January to 31 March  20 % for sub-period 1 April to 30 June’ | | 09.4252 | ‘59 699 000 kg, divided as follows:  30 % for sub-period 1 July to 30 September  30 % for sub-period 1 October to 31 December  20 % for sub-period 1 January to 31 March  20 % for sub-period 1 April to 30 June’ | | 09.4253 | ‘163 000 kg’ | | 09.4254 | ‘8 019 000 kg, divided as follows:  30 % for sub-period 1 July to 30 September  30 % for sub-period 1 October to 31 December  20 % for sub-period 1 January to 31 March  20 % for sub-period 1 April to 30 June’ | | 09.4255 | ‘1 162 000 kg, divided as follows:  30 % for sub-period 1 July to 30 September  30 % for sub-period 1 October to 31 December  20 % for sub-period 1 January to 31 March  20 % for sub-period 1 April to 30 June’ | | 09.4256 | ‘8 572 000 kg, divided as follows:  30 % for sub-period 1 July to 30 September  30 % for sub-period 1 October to 31 December  20 % for sub-period 1 January to 31 March  20 % for sub-period 1 April to 30 June’ | | 09.4257 | ‘0 kg’ | | 09.4258 | ‘300 000 kg’ | | 09.4259 | ‘278 000 kg’ | | 09.4260 | ‘1 669 000 kg, divided as follows:  30 % for sub-period 1 July to 30 September  30 % for sub-period 1 October to 31 December  20 % for sub-period 1 January to 31 March  20 % for sub-period 1 April to 30 June’ | | 09.4263 | ‘159 000 kg’ | | 09.4264 | ‘0 kg’ | | 09.4265 | ‘58 000 kg’ | | 09.4410 | ‘14 479 000 kg, divided as follows: 25 % for each sub-period’ | | 09.4411 | ‘4 432 000 kg, divided as follows: 25 % for each sub-period’ | | 09.4412 | ‘2 868 000 kg, divided as follows: 25 % for each sub-period’ | | 09.4420 | ‘4 227 000 kg, divided as follows: 25 % for each sub-period’ | | 09.4422 | ‘2 121 000 kg, divided as follows: 25 % for each sub-period’ | |

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| (2) | the table concerning order number 09.4273 is replaced by the following:   |  |  | | --- | --- | | ‘Order number | 09.4273 | | International agreement or other act | Council Decision (EU) 2017/1247 of 11 July 2017 on the conclusion, on behalf of the European Union, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other party  Council Decision (EU) 2019/2145 of 5 December 2019 on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and Ukraine amending the trade preferences for poultry meat and poultry meat preparations provided for by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part | | 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 and 8 of this Regulation | | Product description | Meat and edible offal of poultry, fresh, chilled or frozen; other prepared or preserved meat of turkeys and of fowls of the species Gallus domesticus | | Origin | Ukraine | | 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 Title V of Protocol 1 to the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part | | Quantity in kilograms | TRQ period as from 2021: 70 000 000 kg net weight, divided as follows: 25 % for each sub-period | | CN codes | 0207 11 30  0207 11 90  0207 12  0207 13 10  0207 13 20  0207 13 30  0207 13 50  0207 13 60  0207 13 70  0207 13 99  0207 14 10  0207 14 20  0207 14 30  0207 14 50  0207 14 60  0207 14 70  0207 14 99  0207 24  0207 25  0207 26 10  0207 26 20  0207 26 30  0207 26 50  0207 26 60  0207 26 70  0207 26 80  0207 26 99  0207 27 10  0207 27 20  0207 27 30  0207 27 50  0207 27 60  0207 27 70  0207 27 80  0207 27 99  0207 41 30  0207 41 80  0207 42  0207 44 10  0207 44 21  0207 44 31  0207 44 41  0207 44 51  0207 44 61  0207 44 71  0207 44 81  0207 44 99  0207 45 10  0207 45 21  0207 45 31  0207 45 41  0207 45 51  0207 45 61  0207 45 81  0207 45 99  0207 51 10  0207 51 90  0207 52 90  0207 54 10  0207 54 21  0207 54 31  0207 54 41  0207 54 51  0207 54 61  0207 54 71  0207 54 81  0207 54 99  0207 55 10  0207 55 21  0207 55 31  0207 55 41  0207 55 51  0207 55 61  0207 55 81  0207 55 99  0207 60 05  0207 60 10  ex 0207 60 21 (fresh or chilled, halves or quarters of guinea fowls)  0207 60 31  0207 60 41  0207 60 51  0207 60 61  0207 60 81  0207 60 99  0210 99 39  1602 31  1602 32  1602 39 21 | | In-quota customs duty | EUR 0 | | Proof of trade | Yes. Proof of trade required only when Article 9(9) of Delegated Regulation (EU) 2020/760 applies. 25 tonnes | | Security for import licence | EUR 75 per 100 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 indicate the country of origin; box ‘yes’ in that section shall be crossed | | Period of validity of a licence | In accordance with Article 13 of this Regulation | | Transferability of licence | Yes | | Reference quantity | Yes | | Operator registered in LORI database | Yes | | Specific conditions | No’ | |

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