Prováděcí nařízení Komise (EU) 2026/1457 ze dne 29. června 2026 o rozdělení celních kvót otevřených podle nařízení Evropského parlamentu a Rady (EU) 2026/1384, kterým se řeší negativní účinky celosvětové nadměrné kapacity na obchod na trhu s ocelí v Unii a mění nařízení (EU) 2020/2170

Identifier:
32026R1457
Status:
effective
Text language:
en

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2026/1384 of the European Parliament and of the Council of 17 June 2026 addressing the negative trade-related effects of global overcapacity on the Union steel market and amending Regulation (EU) 2020/2170OJ L, 2026/1384, 24.6.2026, ELI: http://data.europa.eu/eli/reg/2026/1384/oj. (the Steel Regulation), and in particular Article 5(1) and (5), thereof,

Tariff quotas opened under Regulation (EU) 2026/1384 in relation to imports into the Union of each of the 26 product categories concerned (defined by reference to the CN and TARIC codes specified in Annex I to Regulation (EU) 2026/1384) are distributed as laid down in Annex I in conjunction with Annex II.

OJ L, 2026/1384, 24.6.2026, ELI: http://data.europa.eu/eli/reg/2026/1384/oj.

(1) On 25 June 2026 , the Steel Regulation entered into force, opening tariff quotas of 18345922 tonnes for 26 product categories and laying down an out of quota duty at the rate of 50 % ad valorem (additional duty rate in Annex I).

(2) The Steel Regulation empowers the Commission to adopt implementing acts laying down the country distribution of the tariff quotas, taking into account the Union interest and, as applicable, tariff quota levels equivalent to the import market share that prevailed in the Union steel market in 2013; tariff quotas per product category based on the share of imports that each product category held over the period 2022-2024; existing and future free trade agreements; trade-distorting effects of third country measures impacting the Union steel market; whether a third country is found to be in breach of ILO conventions or multilateral environmental agreements; any international agreement concluded by the Union under Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 concerning the tariff quotas; any international agreement or non-binding international understanding addressing the levels of global overcapacity for the product categories covered by the Steel Regulation; diversification of sources of supply; the situation of a Union candidate country facing an exceptional and immediate security situation, in particular where it previously benefitted from preferential access to the Union steel market.

(3) Tariff quotas set out in Annex II to the Steel Regulation incorporate two parts. One part is available to all third countries on a Most Favoured Nation (MFN) basis (the MFN Part), while the other part is available only to countries benefiting from an existing or future free trade agreement with the Union (the FTA Part). For transparency purposes, the division between those two parts of the tariff quotas is reflected in Annex I regarding volumes of tariff quotas.

(4) Concerning the MFN Part, it is important to ensure that the distribution of tariff quotas complies with the Union’s obligations under WTO law and, therefore, that tariff quotas are distributed to trade partners on a non-discriminatory basis (based on each partner’s average share in EU imports in a given category during the period 2022-2024), in line with Article XIII of the GATT 1994.

(5) When distributing tariff quotas under the FTA Part, it is appropriate to take the following into account: existing or future free trade agreements as supplemented by any agreements reached in principle in the context of negotiations taking place in line with Article XXVIII of the GATT 1994; trade-distorting effects of third country measures impacting the Union steel market; the need to ensure the diversification of supply and the situation of a Union candidate country facing an exceptional and immediate security situation, in particular where it previously benefitted from preferential access to the Union steel market. As a result, some of the FTA partners should have differentiated access to tariff quotas opened by the Steel Regulation. In particular Ukraine should benefit from more preferential distribution of tariff quotas than other FTA partners.

(6) It is necessary to establish the list of the existing or future free trade agreements with the Union mentioned in Article 5(1), point (c) of the Steel Regulation. That list should include any such agreements which have been signed or entered into force at the time of the entry into force of this Regulation, as well as any such agreements on which a political agreement has been reached by the same date, and which cover any of the product categories listed in Annex I of the Steel Regulation.

(7) Specific arrangements for the management of the tariff quotas should be laid down to ensure economic operators have a clear understanding of the interplay between the different types of tariff quotas opened under the Steel Regulation and this Regulation.

(8) A country-specific quota should be distributed based on the share of imports during the reference period (2022-2024) of a given country per product category. Countries with a significant share of imports during that period in a given product category should receive a country-specific quota in that product category.

(9) A country-specific quota is to be distributed under the MFN Part, and when a country has an existing or a future free trade agreement with the Union, economic operators will also have access to the FTA Part of the country-specific quota. Both the MFN and the FTA parts of the country-specific quota are accessible simultaneously to economic operators, operating as a single quota with a single order number. When a country is not reflected in Section 1 of Annex II, economic operators can only access the MFN Part of the country-specific quota.

(10) In addition, when a country-specific quota opened for a country having an existing or future free trade agreement with the Union is exhausted, operators from that country should be allowed access to an additional tariff quota (FTA Quota – Country-Specific Quota (CSQ)). This quota is accessible on a first-come, first-served basis, in competition with economic operators from countries that have an existing or future free trade agreement with the Union, after having exhausted their respective country-specific quota. Section 2 of Annex II reflects the origins of products that have access to the FTA Quota – CSQ in each product category.

(11) In turn, whenever a country does not have a country-specific quota in a certain product category, that country should have access only to a residual quota. The residual quota is also split into two parts: a residual MFN Part and a residual FTA Part. The residual MFN Part (listed in Annex I under Other countries) is accessible to all countries except those listed in Section 3 of Annex II. The residual FTA Part (listed in Annex I under FTA Quota – Other countries) is only accessible to countries listed in Section 1 of Annex II. Section 4 of Annex II reflects which countries have access to the FTA Quota – Other countries in each product category.

(12) Countries having an existing or future free trade agreement with the Union as listed in Section 1 of Annex II should have access to both parts of the residual quota referred to in recital (11), which should open simultaneously on the first day of each quarter, and should be administered on a first-come, first served basis.

(13) In certain product categories, some countries with an existing or a future free trade agreement should benefit from differentiated access to FTA Quota – Other countries. Instead of accessing FTA Quota – Other countries on a first-come-first-served basis, these countries should be granted a specific quota under FTA Quota – Other countries. These countries will also be able to access the MFN Part of the residual quota (Other countries), except in product category 1A. Section 5 of Annex II reflects which countries have such a specific quota under FTA Quota – Other countries.

(14) In view of the specificity of the product category 1A laid down under Annex I to the Steel Regulation, which amounts to nearly one third of the total volume of tariff quotas opened, the Commission considers it necessary to guarantee specific quotas to certain trading partners under both the MFN Part of the residual quota and FTA Quota – Other countries. That is considered to be in the Union interest due to the need to diversify the sources of supplies to the Union given the high volumes traded under that key category. Furthermore, in light of frequent and large variationsCommission Implementing Regulation (EU) 2019/159 of 31 January 2019 imposing definitive safeguard measures against imports of certain steel products (OJ L 31, 1.2.2019, p. 27 , ELI: http://data.europa.eu/eli/reg_impl/2019/159/oj). , the Commission identified a serious risk of crowding out of certain origins leading to reduced sources of supply that would negatively impact effective market access for several FTA partners, also impacting their Union customers.

(15) It is necessary to ensure the continued access to tariff quotas opened for Northern Ireland as laid down under Commission Implementing Regulations (EU) 2023/1331Commission Implementing Regulation (EU) 2023/1331 of 29 June 2023 amending Implementing Regulation (EU) 2019/159 imposing a definitive safeguard measure on imports of certain steel products (OJ L 166, 30.6.2023, p. 98 , ELI: http://data.europa.eu/eli/reg_impl/2023/1331/oj). and (EU) 2023/2840Commission Implementing Regulation (EU) 2023/2840 of 14 December 2023 amending Implementing Regulation (EU) 2019/159 imposing a definitive safeguard measure on imports of certain steel products (OJ L, 2023/2840, 15.12.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2840/oj). regarding trade flows of steel products originating in the United Kingdom and brought into Northern Ireland by direct transport from other parts of the United Kingdom.

(16) The product categories falling within the scope of the Steel Regulation are identical to those covered by Implementing Regulation (EU) 2019/159 and should therefore not be considered critical under Article 53, paragraph 2 of the Union customs codeCommission 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 , ELI: http://data.europa.eu/eli/reg_impl/2015/2447/oj). .

(17) This Regulation should be without prejudice to future implementing acts to be adopted by the Commission on the basis of Article 6 of the Steel Regulation applying bilateral safeguard measures on imports from those countries with which the Union has concluded a free trade agreement.

(18) In view of imperative grounds of urgency justified by the short timeframe between the entry into force and the application of the Steel Regulation and in order to ensure effective implementation of the Steel Regulation, the provisions of this Regulation should apply immediately. For the same reasons, the provisions of this Regulation, should enter into force on the day following that of its publication in the Official Journal of the European Union . Pursuant to Article 8 of Regulation (EU) No 182/2011 of the European Parliament and of the CouncilRegulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13 , ELI: http://data.europa.eu/eli/reg/2011/182/oj). , this Regulation should remain in force for six months,

For the purpose of this Regulation, countries listed under Section 1 in Annex II to this Regulation are considered as having existing or future free trade agreements with the Union within the meaning of Article 5(1), point (c) of Regulation (EU) 2026/1384.

Commission Implementing Regulation (EU) 2019/159 of 31 January 2019 imposing definitive safeguard measures against imports of certain steel products (OJ L 31, 1.2.2019, p. 27 , ELI: http://data.europa.eu/eli/reg_impl/2019/159/oj).

Article 1 Article 1

Article 2 Article 2

Article 3 Article 3 1.All tariff quotas distributed under this Regulation are to be administered on a first-come, first-served basis, as provided for in Articles 49 to 54 of Implementing Regulation (EU) 2015/2447. 2.By way of derogation from paragraph 1, access to additional tariff quotas opened under competition (FTA Quota – CSQ in Annex I) for those countries indicated in Section 2 of Annex II., is only open to operators once the country-specific quota corresponding to the origin of the imported goods is exhausted. 3.Quantities attributed under a tariff quota may be returned in accordance with the applicable customs legislation. Where drawings on a quarterly quota have been stopped in accordance with Article 3(3) of Regulation (EU) 2026/1384, or where a tariff quota has been exhausted or otherwise closed to further access pursuant to Regulation (EU) 2026/1384 and its Implementing Regulations, the return of such quantities shall not entail the reopening of that quota for the submission or acceptance of new drawing requests. Such returned quantities shall be taken into account only for the purpose of adjusting the balance of the relevant tariff quota. Where the unused balance of a quarterly quota has already been transferred to the following quarter in accordance with Article 3(3) of Regulation (EU) 2026/1384, quantities returned thereafter in respect of that quarter shall not be transferred to the following quarter. Therefore, those quotas will no longer be accessible to economic operators.

Article 4 Article 4 1.The origin of any product to which this Regulation applies shall be determined in accordance with the provisions in force in the Union relating to non-preferential origin as laid out in 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 , ELI: http://data.europa.eu/eli/reg/2013/952/oj). . 2.Products originating in the EU which have undergone a transformation in a third country which does not result in a change of origin shall be subject to the treatment provided by this Regulation to products originating in that third country when imported in the Union. 3.Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 5 Article 5

Article 6 Article 6

All tariff quotas distributed under this Regulation are to be administered on a first-come, first-served basis, as provided for in Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.

By way of derogation from paragraph 1, access to additional tariff quotas opened under competition (FTA Quota – CSQ in Annex I) for those countries indicated in Section 2 of Annex II., is only open to operators once the country-specific quota corresponding to the origin of the imported goods is exhausted.

Quantities attributed under a tariff quota may be returned in accordance with the applicable customs legislation. Where drawings on a quarterly quota have been stopped in accordance with Article 3(3) of Regulation (EU) 2026/1384, or where a tariff quota has been exhausted or otherwise closed to further access pursuant to Regulation (EU) 2026/1384 and its Implementing Regulations, the return of such quantities shall not entail the reopening of that quota for the submission or acceptance of new drawing requests. Such returned quantities shall be taken into account only for the purpose of adjusting the balance of the relevant tariff quota. Where the unused balance of a quarterly quota has already been transferred to the following quarter in accordance with Article 3(3) of Regulation (EU) 2026/1384, quantities returned thereafter in respect of that quarter shall not be transferred to the following quarter. Therefore, those quotas will no longer be accessible to economic operators.

Commission Implementing Regulation (EU) 2023/1331 of 29 June 2023 amending Implementing Regulation (EU) 2019/159 imposing a definitive safeguard measure on imports of certain steel products (OJ L 166, 30.6.2023, p. 98 , ELI: http://data.europa.eu/eli/reg_impl/2023/1331/oj).

The origin of any product to which this Regulation applies shall be determined in accordance with the provisions in force in the Union relating to non-preferential origin as laid out in 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 , ELI: http://data.europa.eu/eli/reg/2013/952/oj). .

Products originating in the EU which have undergone a transformation in a third country which does not result in a change of origin shall be subject to the treatment provided by this Regulation to products originating in that third country when imported in the Union.

Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Commission Implementing Regulation (EU) 2023/2840 of 14 December 2023 amending Implementing Regulation (EU) 2019/159 imposing a definitive safeguard measure on imports of certain steel products (OJ L, 2023/2840, 15.12.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2840/oj).

By way of derogation from Article 53(2) of Implementing Regulation (EU) 2015/2447, tariff quotas distributed by this Regulation shall not be considered critical.

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 , ELI: http://data.europa.eu/eli/reg_impl/2015/2447/oj).

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 apply from 1 July 2026 to 31 December 2026 .

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13 , ELI: http://data.europa.eu/eli/reg/2011/182/oj).

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 , ELI: http://data.europa.eu/eli/reg/2013/952/oj).

HAS ADOPTED THIS REGULATION: