Prováděcí nařízení Komise (EU) 2021/760 ze dne 7. května 2021, kterým se mění prováděcí nařízení (EU) 2020/761 a (EU) 2020/1988, pokud jde o režim správy některých celních kvót s licencemi, a kterým se zrušuje prováděcí nařízení (EU) 2020/991

THE EUROPEAN COMMISSION,

Article 29 Article 29 Tariff quotas under order numbers 09.0159 and 09.0160

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 1234/2007OJ L 347, 20.12.2013, p. 671 . , 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 485/2008OJ L 347, 20.12.2013, p. 549 . , 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 614/2009OJ L 150, 20.5.2014, p. 1 . , and in particular Article 9, first paragraph, points (a) to (d), and Article 16(1), first subparagraph, point (a), thereof,

OJ L 347, 20.12.2013, p. 671 .

(1) Commission Implementing Regulation (EU) 2020/761Commission 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 ). 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) 2020/760Commission 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 ). , 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) 2020/991Commission 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 ). 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 CouncilRegulation (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 ). 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) 2020/1988Commission 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 ). 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 1095/96Council 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 ). 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,

OJ L 347, 20.12.2013, p. 549 .

Article 3 Article 3 Repeal

Article 4 Article 4 Entry into force and application

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

Article 17 Article 17 Management of tariff quotas under order numbers 09.0161, 09.0162, 09.0163 and 09.0164

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

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

Article 22 Article 22 Application and licence content

Article 29a 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.;

Implementing Regulation (EU) 2020/991 is repealed with effect from 1 January 2022 .

OJ L 150, 20.5.2014, p. 1 .

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.

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 ).

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 ).

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 ).

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 ).

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 ).

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 ).

Tariff quotas under order numbers 09.0161 and 09.0163 shall be used to apply for CN code ex02022030; tariff quotas under order numbers 09.0162 and 09.0164 shall be used to apply for CN codes ex02023010, ex02023050, ex02023090 and ex02062991.;

The import licence application and the licence shall in all cases mention in Section 24 one of the entries listed in Annex XIV.;

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.

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.

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.

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.;

Tariff quota 09.0159 shall be used to apply for CN code 040510; tariff quota 09.0160 shall be used to apply for CN code 040590.;

HAS ADOPTED THIS REGULATION: