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
Commission Implementing Regulation (EU) 2023/1331of 29 June 2023amending Implementing Regulation (EU) 2019/159 imposing a definitive safeguard measure on imports of certain steel productsTHE EUROPEAN COMMISSION,Having regard to Regulation (EU) 2015/478 of the European Parliament and of the Council of 11 March 2015 on common rules for importsRegulation (EU) 2015/478 of the European Parliament and of the Council of 11 March 2015 on common rules for imports (OJ L 83, 27.3.2015, p. 16) ("the EU safeguard Regulation"). and in particular Article 20 thereof,Having regard to Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countriesRegulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules or imports from certain third countries (OJ L 123, 19.5.2015, p. 33)., and in particular Article 16 thereof,Whereas:1.BACKGROUND(1)By Commission Implementing Regulation (EU) 2019/159Commission Implementing Regulation (EU) 2019/159 of 31 January 2019 imposing a definitive safeguard measure against imports of certain steel products (OJ L 31, 1.2.2019, p. 27). the Union applies a safeguard measure on imports of certain steel products. The measure takes the form of a tariff-rate quota ("TRQ"), with imports allowed free-of-duty within a quota based on historical trade flows. The free-of-duty quota is applicable to imports into the Union territory. A safeguard duty of 25 % applies to imports made beyond the applicable quota.(2)Regulation (EU) 2023/1321Regulation (EU) 2023/1321 of the European Parliament and of the Council of 14 June 2023 amending Regulation (EU) 2020/2170 as regards the application of Union tariff rate quotas and other import quotas to certain steel products transferred to Northern Ireland (see page 1 of this Official Journal). amended Regulation (EU) 2020/2170 of the European Parliament and of the CouncilRegulation (EU) 2020/2170 of the European Parliament and of the Council of 16 December 2020 on the application of Union tariff rate quotas and other import quotas (OJ L 432, 21.12.2020, p. 1). on the application of Union tariff rate quotas and other import quotas.(3)As a result of this amendment, steel categories 7 (Non Alloy and Other Alloy Quarto PlatesCN codes (for information only): 72085120, 72085191, 72085198, 72085291, 72089020, 72089080, 72109030, 72254012, 72254040, 72254060, 72259900.) and 17 (Angles, Shapes and Sections of Iron or Non Alloy SteelCN codes (for information only): 72163110, 72163190, 72163211, 72163219, 72163291, 72163299, 72163310, 72163390.) in the safeguard measure, listed in Annex 1 to Regulation (EU) 2020/2170, originating in the United Kingdom and brought into Northern Ireland by direct transport from other parts of the United Kingdom shall be eligible for treatment pursuant to the relevant Union tariff rate quotas if those goods are released for free circulation in the territory of Northern Ireland.2.PROCEDURE(4)On 30 March 2023 the Commission published a Notice in the Official Journal of the European Union explaining that, following the amendment of Regulation (EU) 2020/2170 it was necessary that the Commission amended the EU safeguard Regulation by creating a new TRQ limited to transfers into Northern Ireland of the product categories included in the Annex to Regulation (EU) 2023/1321 originating in the United Kingdom and consigned directly from other parts of the United Kingdom. In this way, transfers of products falling within these product categories originating in the United Kingdom and consigned directly from other parts of the United Kingdom could enter Northern Ireland free-of-duty until the allocated quota is exhausted. Out of such quota, a 25 % safeguard duty would apply. Interested parties were given the possibility to comment on the content of the Notice.(5)To calculate the adequate volume of TRQs that would ensure, as foreseen in Regulation (EU) 2023/1321, the economic viability of these direct transfers to Northern Ireland from other parts of the United Kingdom, in view of the specific circumstances in Northern Ireland, the Commission analysed the available statisticsData available from the electronic system set up on the basis of Articles 55 and 56 of 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). to calculate the volume of transfers to Northern Ireland from other parts of the United Kingdom.(6)The TRQs created by this Regulation are to be used exclusively by United Kingdom originating goods, as listed in the Annex to Regulation (EU) 2023/1321, and which are brought into Northern Ireland by direct transport from other parts of the United Kingdom and released for free circulation in the territory of Northern Ireland. Therefore, these new TRQs do not affect the allocation or volumes of existing TRQs for third countries into the Union territory.Comments from interested parties(7)The Notice of Initiation gave the possibility to interested parties to submit comments within a stipulated deadline. The Commission did not receive any comments from any interested party.(8)The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safeguards established under Article 3(3) of Regulation (EU) 2015/478 and Article 22(3) of Regulation (EU) 2015/755 respectively,HAS ADOPTED THIS REGULATION: