Commission Implementing Regulation (EU) 2021/254 of 18 February 2021 amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 and Regulations (EC) No 218/2007 and (EC) No 1518/2007 as regards imports of products originating in the United Kingdom and excluding those products from the tariff quotas with ongoing quota periods
Commission Implementing Regulation (EU) 2021/254of 18 February 2021amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 and Regulations (EC) No 218/2007 and (EC) No 1518/2007 as regards imports of products originating in the United Kingdom and excluding those products from the tariff quotas with ongoing quota periodsTHE 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,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 points (a) to (d) of the first paragraph of Article 9 and point (a) of the first subparagraph of Article 16(1) thereof,Whereas:(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)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 (EU) 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). lays down the rules for the application of Regulation (EU) No 1308/2013 as regards the rules for the administration of import tariff quotas designed to be used following the chronological order of dates of acceptance of customs declarations ("first come, first served" principle).(3)Commission Regulation (EC) No 218/2007Commission Regulation (EC) No 218/2007 of 28 February 2007 opening and providing for the administration of Community tariff quotas for wines (OJ L 62, 1.3.2007, p. 22). opens and provides for the administration of some tariff quotas for wine.(4)Commission Regulation (EC) No 1518/2007Commission Regulation (EC) No 1518/2007 of 19 December 2007 opening and providing for the administration of a tariff quota for vermouth (OJ L 335, 20.12.2007, p. 14). opens and provides for the administration of a tariff quota for vermouth.(5)The Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (hereafter "the Agreement")OJ L 444, 31.12.2020, p. 14. provides that products originating in the United Kingdom are not eligible to be imported into the Union under existing WTO tariff quotas as defined in Article GOODS.18 of the Agreement. That Article refers to tariff quotas apportioned between the Parties pursuant to Article XXVIII GATT negotiations initiated by the Union in WTO document G/SECRET/42/Add.2https://docs.wto.org and by the United Kingdom in WTO document G/SECRET/44https://docs.wto.org and as set out in each Party’s respective internal legislation. That Article provides that the originating status of the products is to be determined on the basis of non-preferential rules of origin applicable in the importing Party.(6)The existing WTO tariff quotas as defined in Article GOODS.18 of the Agreement refer to WTO concessions of the Union included in the draft EU28 schedule of concessions and commitments under GATT 1994 submitted to the WTO in document G/MA/TAR/RS/506https://docs.wto.org as amended by documents G/MA/TAR/RS/506/Add.1 and G/MA/TAR/RS/506/Add.2https://docs.wto.org.(7)Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 and Regulations (EC) No 218/2007 and (EC) No 1518/2007 should therefore be amended to comply with Article GOOD.18 of the Agreement in order to exclude products originating in the United Kingdom from existing WTO tariff quotas.(8)As Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 apply only to tariff quotas with quota periods starting from 1 January 2021, the United Kingdom should also be excluded for purposes of the same tariff quotas whose quota periods have started before 1 January 2021 (ongoing quota periods on 1 January 2021) and for which imports occur as of 1 January 2021. Licences already issued are not needed for the import of products originating in the United Kingdom due to the possibility to import duty-free and quota-free under the Agreement. In case such licences have been issued before 1 January 2021, the relevant securities lodged should be released at the request of the operators concerned. As of 1 January 2021, licences for those tariff quotas should not be issued for products originating in the United Kingdom.(9)In order to ensure the conformity with Article GOODS.18 of the Agreement, this Regulation should enter into force as a matter of urgency on the day of its publication in the Official Journal of the European Union and apply as of 1 January 2021.(10)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: