Commission Implementing Regulation (EU) 2017/1772 of 28 September 2017 opening and providing for the management of Union tariff quotas for certain agricultural products, processed agricultural products and fishery products originating in Canada
Commission Implementing Regulation (EU) 2017/1772of 28 September 2017opening and providing for the management of Union tariff quotas for certain agricultural products, processed agricultural products and fishery products originating in Canada THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs CodeOJ L 269, 10.10.2013, p. 1., and in particular Article 58(1) thereof,Whereas:(1)By Council Decision (EU) 2017/38Council Decision (EU) 2017/38 of 28 October 2016 on the provisional application of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 11, 14.1.2017, p. 1080)., the Council authorised the provisional application of the Comprehensive Economic and Trade Agreement between Canada of the one part, and the European Union and its Member States, of the other part ("the Agreement").(2)The Agreement stipulates that customs duties on imports into the Union of goods originating in Canada must be reduced or eliminated in accordance with the tariff elimination schedule in Annex 2-A to that Agreement. Annex 2-A provides that for certain goods the reduction or elimination of customs duties is granted within tariff quotas.(3)Annex 2-A to the Agreement stipulates that the Union is to manage certain of those tariff quotas on a first-come, first-served basis. The Commission should manage those tariff quotas in accordance with the rules on the management of tariff quotas laid down in Commission Implementing Regulation (EU) 2015/2447Commission 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)..(4)The Agreement provides that in order for goods to benefit from those tariff quotas, they must comply with the rules of origin as set out in Annex 5 to the Protocol on rules of origin and origin procedures attached to that Agreement.(5)As published in the Official Journal of the European Union, the Agreement is to be applied provisionally from 21 September 2017Notice concerning the provisional application of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 238, 16.9.2017, p. 9).. In order to ensure the effective application and management of those tariff quotas granted under the Agreement which the Commission shall manage on a first-come first-served basis, this Regulation should apply from 21 September 2017.(6)The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,HAS ADOPTED THIS REGULATION:
Article 1Union tariff quotas are opened for goods originating in Canada as set out in the Annex.
Article 2The goods listed in the Annex originating in Canada and declared for release for free circulation in the Union shall, within the respective tariff quotas set out in the Annex, be exempted from the customs duties applicable to imports into the Union.
Article 3The tariff quotas set out in the Annex shall be managed in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.
Article 4In order to be eligible to benefit from the tariff quotas set out in this Regulation, the goods listed in the Annex shall comply with the rules of origin set out in Annex 5 to the Protocol on Rules of Origin and Origin Procedures attached to the Comprehensive Economic and Trade Agreement between Canada of the one part, and the European Union and its Member States, of the other part, and be accompanied by a valid origin declaration as set out in Annex 2 to that Protocol.
Article 5This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.It shall apply from 21 September 2017.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 28 September 2017.For the CommissionThe PresidentJean-Claude JunckerANNEXNotwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products in the fourth column of the table is to be considered as having no more than an indicative value. The preferential scheme is determined, within the context of this Annex, by the scope of the CN codes set out in the second column of the table as applicable at the time of adoption of this Regulation. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN codes and corresponding description of the products in the fourth column of the table taken together.
At the declaration for release for free circulation of this product with a request to benefit from this tariff quota, the economic operator shall declare the order number 09.8401. The coefficient 1,3 shall be applied in the Commission's electronic quotas' system to convert the declared product net weight to carcass weight equivalent.Entry under this subheading is subject to the presentation of a certificate of authenticity issued in accordance with the conditions laid down in Commission Regulation (EEC) No 139/81 (OJ L 15, 17.1.1981, p. 4).At the declaration for release for free circulation of this product with a request to benefit from this tariff quota, the economic operator shall declare the order number 09.8402. The coefficient 1,35 shall be applied in the Commission's electronic quotas' system to convert the declared product net weight to carcass weight equivalent.Prepared or preserved shrimps and prawns exported from Canada under the origin quota applicable under order number 09.8310 as provided under Section B of Appendix A (Origin Quotas) to Annex 5 (Product specific rules of origin) of the Protocol on rules of origin or origin procedures attached to the Comprehensive Economic and Trade Agreement between Canada of the one part, and the European Union and its Member States, of the other part, shall not be imported into the Union under this tariff quota.
Order NoCN codeTARIC subdivisionDescription of productsQuota periodQuota volume (in tonnes net weight unless otherwise specified)
09.8400ex0201100093Carcases and half-carcases of bison, fresh or chilledFrom 21.9.2017 to 31.12.2017841 tonnes carcass weight equivalent
From 1.1.2018 to 31.12.2018 and for each year thereafter from 1.1 to 31.123000 tonnes carcass weight equivalent
ex0201202093"Compensated" quarters of bison with bone in, fresh or chilled
ex0201203093Unseparated or separated forequarters of bison, with bone in, fresh or chilled
ex0201205093Unseparated or separated hindquarters of bison, with bone in, fresh or chilled
ex0201209020Other cuts of bison with bone in, fresh or chilled
ex0201300030Boneless meat of bison, fresh or chilled
ex0202100020Carcases and half-carcases of bison, frozen
ex0202201020"Compensated" quarters of bison with bone in, frozen
ex0202203020Unseparated or separated forequarters of bison, with bone in, frozen
ex0202205020Unseparated or separated hindquarters of bison, with bone in, frozen
ex0202209020Other cuts of bison with bone in, frozen
ex0202301020Forequarters, whole or cut into a maximum of five pieces, each quarter being in a single block; "compensated" quarters in two blocks, one of which contains the forequarter, whole or cut into a maximum of five pieces, and the other, the hindquarter, excluding the tenderloin, in one piece, of bison, boneless and frozen
ex0202305020Crop, chuck-and-blade and brisket cuts, of bison, boneless and frozen
ex0202309020Other boneless meat of bison, frozen
ex0206109520Thick skirt and thin skirt of bison, fresh or chilled
ex020629913140Thick skirt and thin skirt of bison, frozen
ex 0210 20 1010Meat of bison, with bone in, salted, in brine, dried or smoked
ex0210209091Boneless meat of bison, salted, in brine, dried or smoked
ex0210995110Thick skirt and thin skirt of bison, salted, in brine, dried or smoked
ex0210995910Other offal of bison meat, salted, in brine, dried or smoked
09.840303047190Frozen fillets of cod of the species Gadus morhua and Gadus ogacFrom 21.9.2017 to 31.12.2017281
03047910Frozen fillets of Polar cod (Boreogadus saida)From 1.1.2018 to 31.12.2018 and for each year thereafter from 1.1 to 31.121000
09.8404Frozen, smoked shrimps and prawns, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared, in immediate packings of a net content exceeding 2 kg:From 21.9.2017 to 31.12.20176446
From 1.1.2018 to 31.12.2018 and for each year thereafter from 1.1 to 31.1223000
ex0306169110Shrimps of the species Crangon crangon
ex03061699213191Other cold-water shrimps and prawns (Pandalus spp.)
ex0306179110Deepwater rose shrimps (Parapenaeus longirostris)
ex030617922191Shrimps of the genus Penaeus
ex0306179310Shrimps of the family Pandalidae, other than of the genus Pandalus
ex0306179410Shrimps of the genus Crangon, other than of the species Crangon crangon
ex030617991191Other
Not frozen, smoked shrimps and prawns, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared, in immediate packings of a net content exceeding 2 kg:
ex0306951910Shrimps of the species Crangon crangon
ex030695202191Other cold-water shrimps and prawns (Pandalus spp.)
ex030695302191Shrimps of the family Pandalidae, other than of the genus Pandalus
ex0306954010Shrimps of the genus Crangon, other than of the species Crangon crangon
ex0306959010Other
16052190Prepared or preserved shrimps and prawns not in airtight containers, in immediate packings of a net content exceeding 2 kg
16052900Prepared or preserved shrimps and prawns in airtight containers
09.840507104000Sweetcorn (uncooked or cooked by steaming or boiling in water), frozenFrom 21.9.2017 to 31.12.2017374
20058000Sweetcorn (Zea mays var. saccharata), prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006From 1.1.2018 to 31.12.20182667
From 1.1.2019 to 31.12.20194000
From 1.1.2020 to 31.12.20205333
From 1.1.2021 to 31.12.20216667
From 1.1.2022 to 31.12.2022 and for each year thereafter from 1.1 to 31.128000