Commission Implementing Regulation (EU) 2024/567 of 14 February 2024 amending Implementing Regulation (EU) 2020/761 with regard to the use of digital proof of origin for products originating from Brazil and the management of tariff quotas
Commission Implementing Regulation (EU) 2024/567of 14 February 2024amending Implementing Regulation (EU) 2020/761 with regard to the use of digital proof of origin for products originating from Brazil and the management of tariff quotasTHE 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, ELI: http://data.europa.eu/eli/reg/2013/1308/oj, and in particular Article 187 thereof,Whereas:(1)Annex XII to 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, ELI: http://data.europa.eu/eli/reg_impl/2020/761/oj). lays down that imports of poultry from Brazil under tariff quotas with order numbers 09.4211, 09.4214, 09.4217, 09.4251, 09.4252, 09.4253, 09.4410 and 09.4420 are to be accompanied by a certificate of origin issued by the competent Brazilian authorities. That certificate of origin is to comply with Articles 57, 58 and 59 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, ELI: http://data.europa.eu/eli/reg_impl/2015/2447/oj).. Pursuant to Article 57(1) of Implementing Regulation (EU) 2015/2447 the certificate is to be issued in paper format as laid down in Annex 22-14 to that Implementing Regulation.(2)As of 1 March 2023, Brazil issues those certificates of origin in digital format, contrary to what is laid down in Annex 22-14 to Implementing Regulation (EU) 2015/2447. To avoid undue trade disruptions, it is appropriate to provide for a derogation from Article 57(1) of that Implementing Regulation to allow for the use of certificates of origin issued in digital format.(3)In order to ensure that the proof of origin stays authentic, a template of a digital certificate should be provided for in Implementing Regulation (EU) 2020/761. Any processing of personal data carried out within the framework of that Implementing Regulation should comply with Regulation (EU) 2016/679 of the European Parliament and of the CouncilRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).. Data processing is set out in Implementing Regulation (EU) 2020/761 solely with the objective of serving a general public interest, namely the matters of taxation and the purposes of ensuring smooth and safe trade of agricultural products accompanied by documents issued in digital format.(4)Release into free circulation of products accompanied by those digital certificates should continue to be governed by the rules laid down in Articles 57, 58 and 59 of Implementing Regulation (EU) 2015/2447.(5)Article 16(3), first subparagraph, point (c), of Implementing Regulation (EU) 2020/761 requires Member States to notify on a monthly basis quantities covered by import licences based on documents issued by third country. However, this notification is no longer needed for the correct management of this type of tariff quotas. This is because, according to Article 17(6), before issuing a licence based on documents issued by third countries Member States shall notify to the Commission the number of the licence and the quantity that it covers. Therefore, to avoid duplicating this notification and reduce the burden on Member States, Article 16(3), first subparagraph, point (c), of that Implementing Regulation should be deleted.(6)Article 16(5) of Implementing Regulation (EU) 2020/761 lays down the rules for the notification of quantities both used and unused under import and export licences. The current wording does not make clear that notifications concerning import licences are to be submitted 4 months after the expiry of the validity of the licences, whereas those referring to export licences are to be submitted 210 calendar days after the expiry. Moreover, it should be clarified that notifications of unused quantities are not necessary for licences based on documents issued by third countries. Therefore, that provision should be amended.(7)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: