CELEX: 
Language: en
Date: 2020-07-14 00:00:00
Title: COMMISSION DELEGATED REGULATION (EU) …/... supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council and Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the lodging and release of securities in the administration of tariff quotas based on the chronological order of the submission of applications

EUROPEAN
                            COMMISSION
                                                    Brussels, 14.7.2020
                                                    C(2020) 4688 final
                COMMISSION DELEGATED REGULATION (EU) …/...
                                       of 14.7.2020
   supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the
    Council and Regulation (EU) No 1306/2013 of the European Parliament and of the
   Council as regards the lodging and release of securities in the administration of tariff
        quotas based on the chronological order of the submission of applications
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 ---pagebreak---                                 EXPLANATORY MEMORANDUM
   1.        CONTEXT OF THE DELEGATED REGULATION
   The 2013 reform of the Common Agricultural Policy (CAP) confirmed that the management
   system of agricultural tariff quotas by the chronological order of the submission of
   applications ("first come, first served" principle), should continue to apply.
   The tariff quotas derive either from international agreements or from autonomous acts based
   on Article 207 TFEU. The Union internal management of these quotas requires rules which
   are specific and complementary to the existing rules, in particular Delegated Regulations (EU)
   No 907/2014 and (EU) 2015/2446 (supplementing the Union Customs Code).
   The delegated regulation complements the rules set out in Article 184 and is based on Article
   186 of Regulation (EU) No 1308/2013 (CMO). It covers items that were previously laid down
   in 31 Commission Regulations.
   Some of the general tariff quota rules laid down before the 2013 reform have not been
   updated. Therefore, some of these provisions need to be replaced by simpler or updated rules
   that are aligned with Regulation (EU) No 1308/2013.
   In addition, this regulation implements the transfer, already laid down by Commission
   Delegated Regulation (EU) 2020/760, of the management of the following, under-used tariff
   quotas from the current system with licences to the "first come, first served" quota
   management: 09.4020, 09.4057, 09.4058, 09.4203, 09.4460, 09.4015, 09.4091, 09.4261,
   09.4262, 09.4421, 09.4079, 09.4152, 09.4517, 09.4126, 09.4590, 09.4591, 09.4592, 09.4593,
   09.4594, 09.4596, 09.4599.
   2.        CONSULTATIONS PRIOR TO THE ADOPTION OF THE REGULATION
   The Commission discussed the draft delegated regulation with experts nominated by the
   Member States in the framework of the CMO Expert Group and took account of their views.
   In parallel, the Commission had hearings with stakeholders and the feedback mechanism
   under the Commission’s Better Regulation Framework took place from 11 May to 8 June
   2020.
   During the feedback mechanism, one contribution was received which concerned the beef and
   veal sector and asked why some agricultural "first come, first served" tariff quotas were not
   covered by the draft regulation. As laid down in subparagraph 3 of point 1 of the Explanatory
   Memorandum, this delegated regulation complements the rules set out in Article 184 and is
   based on Article 186 of Regulation (EU) No 1308/2013 (CMO). Therefore, it covers "first
   come, first served" tariff quotas that have their legal basis in the CMO Regulation (EU) No
   1308/2013; it is Commission regulations containing provisions on such tariff quotas that will
   be repealed; the repeal does not concern tariff quotas with legal basis elsewhere, e. g. in the
   Union Customs Code Regulation (EU) No 952/2013.
   The experts of the European Parliament were informed about the discussions and invited to all
   the meetings of the CMO Expert Group.
   3.        LEGAL ELEMENTS OF THE DELEGATED REGULATION
   The delegated regulation supplements Regulation (EU) No 1308/2013 as regards the tariff
   quota management. The delegated regulation is based on Regulation (EU) No 1308/2013, in
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 ---pagebreak---    particular on its Article 186 and on Regulation (EU) No 1306/2013, in particular on its Article
   66.
   This delegated regulation contains provisions on securities, to be required from operators to
   ensure that certain products are imported and are not diverted from their prescribed use, or
   deviate from certain quality standards.
   As securities covered by this regulation have a wider scope (i. e. to ensure that certain
   requirements relating to processing, end-use, quality standards of products as well as
   slaughtering and fattening of animals are complied with) and their legal basis differs, the
   Member States’ competent authority to deal with them is not specified in the delegated
   regulation. It is left with the Member States to designate the competent authority to deal with
   them.
   In addition, the delegated regulation repeals the existing Commission Regulations on tariff
   quotas on agricultural products managed with "first come, first served" principle.
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 ---pagebreak---                       COMMISSION DELEGATED REGULATION (EU) …/...
                                                  of 14.7.2020
     supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the
       Council and Regulation (EU) No 1306/2013 of the European Parliament and of the
     Council as regards the lodging and release of securities in the administration of tariff
              quotas based on the chronological order of the submission of applications
   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 1234/20071, and in particular Article 186 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 485/20082, and in
   particular Article 66(3) thereof,
   Whereas:
   (1)      Regulation (EU) No 1308/2013 lays down rules regarding the management of tariff
            quotas and special treatment of imports by third countries. It also empowers the
            Commission to adopt related delegated and implementing acts, in order to ensure
            smooth management of tariff quotas.
   (2)      In the interest of administrative simplification, under-used tariff quotas for agricultural
            products are managed using the “first come, first served” principle in accordance with
            Articles 49 to 54 of Commission Implementing Regulation (EU) 2015/24473, which
            regulate the management of tariff quotas designed to be used following the
            chronological order of dates of acceptance of customs declarations.
   (3)      It should be provided that participation in those tariff quotas may be subject to the
            lodging of a security to ensure that certain requirements relating to processing, end-
            use, quality standards of products as well as slaughtering and fattening of animals are
            complied with. Those requirements are set out in detail for each of the tariff quotas
            concerned in an implementing act adopted pursuant to Article 187 of Regulation (EU)
            No 1308/2013.
   (4)      With the aim of simplification of the procedure and of the legislation, it is appropriate
            to replace existing rules for the management of tariff quotas administered by applying
   1
            OJ L 347, 20.12.2013, p. 671.
   2
            OJ L 347, 20.12.2013, p. 549.
   3
            Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed
   rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of
   the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).
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 ---pagebreak---              the method based on the “first come, first served” principle contained in several Union
             acts by one act. Commission Regulations (EC) No 440/964, (EC) No 1831/965, (EC)
             No 2133/20016, (EC) No 2094/20047, (EC) No 937/20068, (EC) No 437/20099, (EC)
             No 438/200910, (EC) No 933/200911, (EC) No 1064/200912, (EU) No 1085/201013 and
             (EU) No 59/201114 and Commission Implementing Regulations (EU) No 1354/201115,
             (EU) No 481/201216, (EU) No 988/201417, (EU) No 989/201418, (EU) No
             1233/201419, (EU) 2015/240520, (EU) 2017/146621 and (EU) 2018/56722 should
             therefore be repealed.
   4
             Commission Regulation (EC) No 440/96 of 11 March 1996 opening and providing for the
   administration of Community tariff quotas for certain mixtures of malt sprouts and barley screenings (OJ L 61,
   12.3.1996, p. 2).
   5
             Commission Regulation (EC) No 1831/96 of 23 September 1996 opening and providing for the
   administration of Community tariff quotas bound under GATT for certain fruit and vegetables and processed
   fruit and vegetable products from 1996 (OJ L 243, 24.9.1996, p. 5).
   6
             Commission Regulation (EC) No 2133/2001 of 30 October 2001 opening and providing for the
   administration of certain Community tariff quotas and tariff ceilings in the cereals sector and repealing
   Regulations (EC) No 1897/94, (EC) No 306/96, (EC) No 1827/96, (EC) No 1970/96, (EC) No 1405/97, (EC) No
   1406/97, (EC) No 2492/98, (EC) No 2809/98 and (EC) No 778/1999 (OJ L 287, 31.10.2001, p. 12).
   7
             Commission Regulation (EC) No 2094/2004 of 8 December 2004 opening and providing for the
   administration of a tariff quota of 10000 tonnes of oat grains otherwise worked falling within CN code 11042298
   (OJ L 362, 9.12.2004, p. 12).
   8
             Commission Regulation (EC) No 937/2006 of 23 June 2006 opening and providing for the
   administration of a Community tariff quota of corn gluten originating in the United States of America (OJ L 172,
   24.6.2006, p. 9).
   9
             Commission Regulation (EC) No 437/2009 of 26 May 2009 opening and providing for the
   administration of a Community import tariff quota for young male bovine animals for fattening (OJ L 128,
   27.5.2009, p. 54).
   10
             Commission Regulation (EC) No 438/2009 of 26 May 2009 opening and providing for the
   administration of Community tariff quotas for bulls, cows and heifers other than for slaughter of certain Alpine
   and mountain breeds (OJ L 128, 27.5.2009, p. 57).
   11
             Commission Regulation (EC) No 933/2009 of 6 October 2009 laying down detailed rules for the
   application of Council Regulation (EC) No 779/98 as regards opening and providing for the administration of
   certain quotas for imports into the Community of poultrymeat products originating in Turkey (OJ L 263,
   7.10.2009, p. 9).
   12
             Commission Regulation (EC) No 1064/2009 of 4 November 2009 opening and providing for the
   administration of a Community import tariff quota for malting barley from third countries (OJ L 291, 7.11.2009,
   p. 14).
   13
             Commission Regulation (EU) No 1085/2010 of 25 November 2010 opening and providing for the
   administration of certain annual tariff quotas for importing sweet potatoes, manioc, manioc starch and other
   products falling within CN codes 07149011 and 07149019 and amending Regulation (EU) No 1000/2010 (OJ L
   310, 26.11.2010, p. 3).
   14
             Commission Regulation (EU) No 59/2011 of 25 January 2011 opening and providing for the
   administration of Union tariff quotas for wines originating in the Republic of Serbia (OJ L 22, 26.1.2011, p. 1).
   15
             Commission Implementing Regulation (EU) No 1354/2011 of 20 December 2011 opening annual
   Union tariff quotas for sheep, goats, sheepmeat and goatmeat (OJ L 338, 21.12.2011, p. 36).
   16
             Commission Implementing Regulation (EU) No 481/2012 of 7 June 2012 laying down rules for the
   management of a tariff quota for high-quality beef (OJ L 148, 8.6.2012, p. 9).
   17
             Commission Implementing Regulation (EU) No 988/2014 of 18 September 2014 opening and providing
   for the management of Union tariff quotas for agricultural products originating in the Republic of Moldova (OJ
   L 278, 20.9.2014, p. 12).
   18
             Commission Implementing Regulation (EU) No 989/2014 of 19 September 2014 opening and providing
   for the management of Union tariff quotas for agricultural products originating in Georgia (OJ L 278, 20.9.2014,
   p. 16).
   19
             Commission Implementing Regulation (EU) No 1233/2014 of 18 November 2014 amending Regulation
   (EC) No 2597/2001 opening and providing for the management of Community tariff quotas for certain wines
   originating in the Republic of Croatia and in the former Yugoslav Republic of Macedonia (OJ L 332,
   19.11.2014, p. 11).
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 ---pagebreak---    (5)      In order to ensure a smooth transition to the rules provided for in this Regulation and
            to fulfil the obligation to notify the new rules to the World Trade Organisation prior to
            their applications, it is appropriate to defer the application of this Regulation to the
            tariff quota periods starting from 1 January 2021 onwards,
   HAS ADOPTED THIS REGULATION:
                                                        Article 1
                                                         Scope
   This Regulation lays down rules supplementing Regulations (EU) No 1308/2013 and (EU) No
   1306/2013 as regards the lodging and release of securities in the administration of tariff
   quotas based on the chronological order of the submission of applications.
                                                        Article 2
                                               Lodging of a security
   Eligibility for the reduced import duty under a tariff quota based on the chronological order of
   the submission of applications may be subject to the lodging of a security with the competent
   authorities.
   Operators shall lodge the security at the moment when they submit an application for an
   authorisation for end-use in accordance with Article 211 of Regulation (EU) No 952/2013 of
   the European Parliament and of the Council23, or when they lodge the customs declaration for
   release for free circulation of the goods, as the case may be.
   The exchange rate shall be established in accordance with Article 106 of Regulation (EU) No
   1306/2013.
                                                        Article 3
                                      Release and forfeiture of securities
   1.        The security shall be released immediately once the competent authority has received
   the satisfactory proof that the requirements linked to that security are met.
   2.        Where the relevant requirements are not entirely met, the security shall be released in
   proportion to the quantity for which the requirements are met. The amount of the security
   which is not released shall be forfeited in accordance with Article 24 of Commission
   Delegated Regulation (EU) No 907/201424.
   20
             Commission Implementing Regulation (EU) 2015/2405 of 18 December 2015 opening and providing
   for the management of EU tariff quotas for agricultural products originating in Ukraine (OJ L 333, 19.12.2015,
   p. 89).
   21
             Commission Implementing Regulation (EU) 2017/1466 of 11 August 2017 on opening and providing
   for the administration of Union tariff quotas for wines originating in Kosovo (OJ L 209, 12.8.2017, p. 8).
   22
             Commission Implementing Regulation (EU) 2018/567 of 12 April 2018 opening and providing for the
   administration of import tariff quotas of sausages and pig meat originating in Iceland (OJ L 95, 13.4.2018, p.
   11).
   23
             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).
   24
             Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation
             (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and
             other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255,
             28.8.2014, p. 18).
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 ---pagebreak---                                                Article 4
                                               Repeals
   Regulations (EC) No 440/96, (EC) No 1831/96, (EC) No 2133/2001, (EC) No 2094/2004,
   (EC) No 937/2006, (EC) No 437/2009, (EC) No 438/2009, (EC) No 933/2009, (EC) No
   1064/2009, (EU) No 1085/2010 and (EU) No 59/2011 and Implementing Regulations (EU)
   No 1354/2011, (EU) No 481/2012, (EU) No 988/2014, (EU) No 989/2014, (EU) No
   1233/2014, (EU) 2015/2405, (EU) 2017/1466 and (EU) 2018/567 are repealed with effect
   from 1 January 2021.
   However, they shall continue to apply to tariff quota periods that have not yet ended on that
   date.
                                               Article 5
                                  Entry into force and application
   This Regulation shall enter into force on the seventh day following that of its publication in
   the Official Journal of the European Union.
   This Regulation shall apply to the tariff quota periods starting from 1 January 2021
   onwards.This Regulation shall be binding in its entirety and directly applicable in all Member
   States.
   Done at Brussels, 14.7.2020
                                                For the Commission
                                                The President
                                                Ursula VON DER LEYEN
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