Commission Implementing Regulation (EU) 2019/2179 of 13 December 2019 amending Implementing Regulation (EU) No 481/2012 as regards the country allocation of the tariff rate quota for high-quality beef and derogating from that Implementing Regulation for the quota year 2019/2020
Commission Implementing Regulation (EU) 2019/2179of 13 December 2019amending Implementing Regulation (EU) No 481/2012 as regards the country allocation of the tariff rate quota for high-quality beef and derogating from that Implementing Regulation for the quota year 2019/2020 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 1234/2007OJ L 347, 20.12.2013, p. 671., and in particular Article 187 thereof,Whereas:(1)Commission Implementing Regulation (EU) No 481/2012Commission 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). lays down rules for the management of an autonomous tariff rate quota for the import of high-quality beef opened by Council Regulation (EC) No 617/2009Council Regulation (EC) No 617/2009 of 13 July 2009 opening an autonomous tariff quota for imports of high-quality beef (OJ L 182, 15.7.2009, p. 1)..(2)The European Union and the United States of America concluded an Agreement on the country allocation of the tariff rate quota for high-quality beef provided for by Regulation (EC) No 617/2009 (hereafter "the Agreement") on 5 December 2019Council Decision (EU) 2019/2073 of 5 December 2019 on the conclusion of the Agreement between the United States of America and the European Union on the Allocation to the United States of a Share in the Tariff Rate Quota for High Quality Beef referred to in the Revised Memorandum of Understanding Regarding the Importation of Beef from Animals Not Treated with Certain Growth-Promoting Hormones and Increased Duties Applied by the United States to Certain Products of the European Union (2014) (OJ L 316, 6.12.2019, p. 1).. All substantial suppliers in the tariff rate quota agreed to the country allocation provided for by the Agreement.(3)Article 2(3) of Implementing Regulation (EU) No 481/2012 sets out the rules for the addition of the unused balances of the drawings on the sub-tariff quotas to subsequent quarterly sub-tariff quotas. The Agreement provides that any unused quantities from the sub-periods preceding, in that quota year, the first day of the first year of the implementation period of the Agreement shall be added, in proportion to the shares in the overall volume of the tariff rate quota, to the quantities available in the first sub-period of the first year of the implementation period. Consequently, a derogation from Article 2(3) of Implementing Regulation (EU) No 481/2012 should be provided for the distribution of the unused quantities from the sub-periods preceding the first day of the first year of the implementation period of the Agreement.(4)It is therefore necessary to amend Implementing Regulation (EU) No 481/2012 in the light of the Agreement.(5)Article 2 of Implementing Regulation (EU) No 481/2012 provides that the tariff quota is to be managed in accordance with Articles 308a and 308b and Article 308c(1) of Commission Regulation (EEC) No 2454/93Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).. Regulation (EEC) No 2454/93 was repealed by Commission Implementing Regulation (EU) 2016/481Commission Implementing Regulation (EU) 2016/481 of 1 April 2016 repealing Commission Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 87, 2.4.2016, p. 24). with effect from 1 May 2016. For the sake of clarity, references to Regulation (EEC) No 2454/93 should be replaced by references to 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)..(6)Implementing Regulation (EU) No 481/2012 should therefore be amended accordingly.(7)This Regulation should apply from the date of entry into force of the Agreement. This Regulation should therefore enter into force as a matter of urgency.(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 1Amendments to Implementing Regulation (EU) No 481/2012Implementing Regulation (EU) No 481/2012 is amended as follows:(1)in Article 1, paragraph 1 is replaced by the following:"1.This Regulation lays down rules for the management of an annual Union tariff quota for high-quality beef provided for in Regulation (EC) No 617/2009, hereinafter referred to as "the tariff quota". The tariff quota period, country of origin, volume and duty are set out in Annex I to this Regulation.";(2)in Article 2, paragraphs 1 and 2 are replaced by the following:"1.The tariff quota shall be managed on a first-come, first-served basis in accordance with Articles 49 to 52 and Article 53(1) of 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).";. No import licences shall be required.2.The tariff quota shall be managed as a parent tariff quota with a volume of 45000 metric tonnes under order number 09.2201 with:(a)four quarterly sub-tariff quotas under order number 09.2202;(b)two quarterly sub-tariff quotas under order number 09.2203 from 1 January 2020 to 30 June 2020;(c)four quarterly sub-tariff quotas under order number 09.2203 from 1 July 2020.The benefit from the tariff quota can be granted only by applying for order numbers 09.2202 and 09.2203 referring to the sub-tariff quotas.
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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).";(3)Annex I is replaced by the text set out in the Annex to this Regulation.
Article 2Derogations from Implementing Regulation (EU) No 481/2012 for the quota year 2019/2020By way of derogation from Article 2(3) of Implementing Regulation (EU) No 481/2012, the unused balances at 31 December 2019 shall be added in the proportion established as follows to the quantities for the quarterly sub-tariff quotas starting on 1 January 2020:(a)to quota 09.2202: 58,89 %;(b)to quota 09.2203: 41,11 %.
Article 3Entry into force and applicationThis 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 1 January 2020.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 13 December 2019.For the CommissionThe PresidentUrsula Von Der LeyenANNEX

"ANNEX ITariff quota for high-quality fresh, chilled or frozen beef
CN codesDescription of goodsTariff quota periods and subperiodsCountryTariff quota duty
All countriesUnited StatesOther countries
Order number
09.220209.220309.2202
Tariff quota volume(in tonnes net weight)
ex 0201ex 0202ex02061095ex02062991Meat of bovine animals, fresh, chilled or frozen, that fulfils the requirements laid down in Annex IIFrom 1 July 2019 to 30 June 2020Zero"
From 1 July to 30 September11250--
From 1 October to 31 December11250--
From 1 January to 31 March-46256625
From 1 April to 30 June-46256625
From 1 July 2020 to 30 June 2021
From 1 July to 30 September-46256625
From 1 October to 31 December-46256625
From 1 January to 31 March-57505500
From 1 April to 30 June-57505500
From 1 July 2021 to 30 June 2022
From 1 July to 30 September-57505500
From 1 October to 31 December-57505500
From 1 January to 31 March-63504900
From 1 April to 30 June-63504900
From 1 July 2022 to 30 June 2023
From 1 July to 30 September-63504900
From 1 October to 31 December-63504900
From 1 January to 31 March-69504300
From 1 April to 30 June-69504300
From 1 July 2023 to 30 June 2024
From 1 July to 30 September-69504300
From 1 October to 31 December-69504300
From 1 January to 31 March-75503700
From 1 April to 30 June-75503700
From 1 July 2024 to 30 June 2025
From 1 July to 30 September-75503700
From 1 October to 31 December-75503700
From 1 January to 31 March-81503100
From 1 April to 30 June-81503100
From 1 July 2025 to 30 June 2026
From 1 July to 30 September-81503100
From 1 October to 31 December-81503100
From 1 January to 31 March-87502500
From 1 April to 30 June-87502500
From 1 July 2026
From 1 July to 30 September-87502500
From 1 October to 31 December-87502500
From 1 January to 31 March-87502500
From 1 April to 30 June-87502500