Commission Delegated Regulation (EU) 2021/1928 of 31 August 2021 amending Delegated Regulation (EU) 2020/760 as regards the management and quantities of certain tariff quotas for Argentina and correcting that Regulation as regards its transitional provisions
Commission Delegated Regulation (EU) 2021/1928of 31 August 2021amending Delegated Regulation (EU) 2020/760 as regards the management and quantities of certain tariff quotas for Argentina and correcting that Regulation as regards its transitional provisionsTHE 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 185, Article 186 and Article 223(2) 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 Articles 64(6) and 66(3) thereof,Whereas:(1)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). supplements Regulation (EU) No 1308/2013 as regards the rules for the administration of import and export tariff quotas for agricultural products subject to licences and Regulation (EU) No 1306/2013 as regards the lodging of securities in the administration of tariff quotas.(2)The Agreement in the form of an Exchange of Letters between the European Union and the Argentine Republic pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union ("the Agreement"), concluded by Council Decision (EU) 2021/1213Council Decision (EU) 2021/1213 of 13 July 2021 on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Argentine Republic pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union (OJ L 264, 26.7.2021, p. 1)., amends the management system of some tariff quotas.(3)The Agreement introduces a change to the management of the tariff quota for garlic originating in Argentina from a system of traditional and new importers to the simultaneous examination method, to which the reference quantity requirement does not apply. As a consequence, Article 9(4) of Delegated Regulation (EU) 2020/760 should be deleted.(4)The Agreement also splits tariff quotas under order numbers 09.4213 and 09.4412, which concern poultry, and allocates part of their quantities to two newly created tariff quotas for goods originating in Argentina: order numbers 09.4289 and 09.4290. References to those new tariff quotas should be inserted in Article 9(6) and (7) of Delegated Regulation (EU) 2020/760.(5)In accordance with Article 27(2) of Delegated Regulation (EU) 2020/760, that Regulation applies to the tariff quota periods starting from 1 January 2021 onwards. The transitional provision in Article 26, first paragraph, of that Regulation provides that the reference quantity referred to in Article 9 of that Regulation may be established in accordance with the Regulations repealed by Article 25 of that Regulation in the two first tariff quota periods "following the entry into force of this Regulation". That wording should be aligned to Article 27(2) of Delegated Regulation (EU) 2020/760 by referring to the first two tariff quota periods "to which this Regulation applies".(6)A similar correction needs to be made in Article 26, second paragraph, of Delegated Regulation (EU) 2020/760. In addition, it should be clarified in that provision that the reference quantity may be established by using full tariff rate quota periods rather than 12-months periods.(7)In order to avoid any confusion, it is appropriate to correct the corresponding recital as well.(8)Delegated Regulation (EU) 2020/760 should therefore be amended and corrected accordingly.(9)Article 9(4) of Delegated Regulation (EU) 2020/760 should continue to apply to the ongoing tariff quota period for the tariff quota under order number 09.4104, pending the beginning of the first tariff quota period of the tariff quota under order number 09.4288 in accordance with 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)..(10)The amendment of Article 9(6) and (7) of Delegated Regulation (EU) 2020/760 should apply from the beginning of the first tariff quota period of the tariff quotas under order numbers 09.4289 and 09.4290 starting after the entry into force of this Regulation.HAS ADOPTED THIS REGULATION: