Regulation (EU) 2019/216 of the European Parliament and of the Council of 30 January 2019 on the apportionment of tariff rate quotas included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, and amending Council Regulation (EC) No 32/2000
2019/216 • 32019R0216
Legal Acts - Regulations
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8.2.2019
EN
Official Journal of the European Union
L 38/1
REGULATION (EU) 2019/216 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 30 January 2019
on the apportionment of tariff rate quotas included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, and amending Council Regulation (EC) No 32/2000
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1)
On 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union(TEU). The TEU and the Treaty on the Functioning of the European Union (TFEU) (collectively, the ‘Treaties’) will cease to apply to the United Kingdom from the date of entry into force of a withdrawal agreement or failing that, two years after that notification, that is from 30 March 2019, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that period.
(2)
The withdrawal agreement as agreed between the negotiators contains arrangements for the application of provisions of Union law to and in the United Kingdom beyond the date the Treaties cease to apply to and in the United Kingdom. If that agreement enters into force, Council Regulation (EC) No 32/2000 (2) will apply to and in the United Kingdom during the transition period in accordance with that agreement and will cease to apply at the end of that period.
(3)
The United Kingdom’s withdrawal from the Union will have effects on the relations of the United Kingdom and the Union with third parties, in particular in the context of the World Trade Organisation (WTO) of which both are original members. As negotiations on that withdrawal have been ongoing at the same time as the negotiations on the multiannual financial framework (MFF), and taking into account the share dedicated to the agricultural sector in the MFF, that sector could be exposed to a great extent.
(4)
By letter of 11 October 2017, the Union and the United Kingdom informed the other WTO Members that it was their intention that, upon leaving the Union, the United Kingdom would replicate to the extent possible its current obligations as a Member State of the Union in its new, separate, schedule of concessions and commitments on trade in goods. However, given that, as regards quantitative commitments, replication is not an appropriate method, the Union and the United Kingdom informed the other WTO Members of their intention to ensure that other WTO Members’ current market access levels would be maintained by apportioning the Union’s tariff rate quotas between the Union and the United Kingdom.
(5)
In line with the WTO rules, such apportionment of tariff rate quotas that are part of the schedule of concessions and commitments of the Union will have to occur in accordance with Article XXVIII of the General Agreement on Tariffs and Trade 1994 (GATT 1994). The Union will, therefore, following completion of preliminary contacts, engage in negotiations with WTO Members having a principal or substantial supplying interest or holding an initial negotiating right in relation to each of these tariff rate quotas. Those negotiations should remain limited in scope and should in no way extend to a renegotiation of the general terms or degree of access of products to the Union market.
(6)
However, given the time limits imposed on this process by the negotiations on the United Kingdom’s withdrawal from the Union, it is possible that agreements might not be concluded with all WTO Members concerned in relation to all of the tariff rate quotas on the date the Union’s WTO schedule of concessions and commitments on trade in goods ceases to apply to the United Kingdom. In view of the need to ensure legal certainty and the continuous smooth operation of imports under the tariff rate quotas to the Union and to the United Kingdom, it is necessary for the Union to be able to proceed unilaterally to the apportionment of the tariff rate quotas. The methodology used should be in line with the requirements of Article XXVIII of GATT 1994.
(7)
The following methodology should therefore be used: as a first step the United Kingdom’s usage share for each individual tariff rate quota should be established. That share, expressed as a percentage, is the United Kingdom’s share of total Union imports under the tariff rate quota over a recent representative three-year period. That share should then be applied to the entire scheduled tariff rate quota volume, taking into account any under-fill thereof, in order to arrive at the United Kingdom’s share of a given tariff rate quota. The Union’s share would then consist of the remainder of the tariff rate quota in question. This means the total volume of a given tariff rate quota is not changed, that is to say EU-27 volume equals current EU-28 volume minus the United Kingdom volume. The underlying data should be extracted from the relevant Commission databases.
(8)
The methodology for the usage share for each individual tariff rate quota has been established and agreed by the Union and the United Kingdom, in line with the requirements of Article XXVIII of GATT 1994, and therefore, that methodology should be wholly maintained to ensure its consistent application.
(9)
In those cases where no trade is observed for a specific tariff rate quota over the representative period, two alternative approaches should be pursued in order to establish the United Kingdom’s usage share. In those cases where there is another tariff rate quota with the identical product definition, the usage share of that identical tariff rate quota should be applied to the tariff rate quota that is without observed trade over the representative period. In those cases where there is no tariff rate quota with an identical product definition, the formula to calculate the usage share should be applied to Union imports in the corresponding tariff lines outside of the tariff rate quota.
(10)
For the agricultural tariff rate quotas concerned, Articles 184 to 188 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council (3) provide the necessary legal basis for the administration of the tariff rate quotas once apportioned by this Regulation. In this regard, the tariff rate quota quantities concerned are set out in Part A of the Annex to this Regulation. That administration should therefore be carried out having due regard to the objectives of the Common Agricultural Policy, as laid down in the TFEU, and the multi-functionality of agricultural activities. For the tariff rate quotas covering most fisheries products, industrial products and certain processed agricultural products, the administration of the tariff rate quotas is carried out pursuant to Regulation (EC) No 32/2000. The tariff rate quotas quantities concerned are set out in Annex I to that Regulation and that Annex should therefore be replaced by the quantities set out in Part B of the Annex to this Regulation.
Four fisheries tariff rate quotas are not administered under Regulation (EC) No 32/2000 but under Commission Regulation (EC) No 847/2006 (4), which implements Council Decision 2006/324/EC (5). The tariff rate quota quantities concerned are set out in Part C of the Annex to this Regulation. Implementing powers should be conferred on the Commission to adapt the provisions of Regulation (EC) No 847/2006 in respect of those four fisheries tariff rate quotas in line with the apportioned quantities established by this Regulation. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (6).
(11)
In order to take into account the fact that negotiations with affected WTO Members have been taking place in parallel with the ordinary legislative procedure for the adoption of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend Parts A and C of the Annex to this Regulation with respect to the quantities of the apportioned tariff rate quotas listed therein, in order to take account of any agreements concluded or of pertinent information that it might receive in the context of those negotiations which would indicate that specific factors that were not previously known require an adjustment to the apportionment of the tariff quotas between the Union and the United Kingdom, while ensuring consistency with the common methodology agreed jointly with the United Kingdom. That power to adopt acts should also be delegated to the Commission where such pertinent information becomes available from other sources with an interest in a specific tariff rate quota. In addition, Regulation (EC) No 32/2000 should be amended in order to delegate to the Commission the power to adopt acts in accordance with Article 290 TFEU to amend Annex I to that Regulation.
(12)
In accordance with the principle of proportionality and in light of the United Kingdom’s withdrawal from the Union, it is necessary and appropriate to lay down rules to apportion tariff rate quotas included in the WTO schedule of the Union. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with Article 5(4) TEU.
(13)
In accordance with Article 4(3) of Regulation (EEC, Euratom) No 1182/71 of the Council (7), the cessation of application of acts fixed at a given date shall occur on the expiry of the last hour of the day falling on that date. This Regulation should therefore apply from the day following that on which Regulation (EC) No 32/2000 ceases to apply to the United Kingdom given that from that day both the Union and the United Kingdom need to know what their WTO obligations are. However, the provisions of this Regulation setting out the delegation of power and the conferral of implementing powers should apply from the date of entry into force of this Regulation.
(14)
Taking into account the procedural requirements of the ordinary legislative procedure and the need to subsequently adopt implementing acts for the application of this Regulation on the one hand, and the necessity to have the apportioned tariff rate quotas in place and ready to be applied at the moment that the United Kingdom ceases to be covered by the schedule of concessions and commitments of the Union, which could be as early as 30 March 2019, on the other hand, it is essential for this Regulation to enter into force as soon as possible,
HAVE ADOPTED THIS REGULATION:
Article 1
1. The tariff rate quotas included in the schedule of concessions and commitments of the Union annexed to the General Agreement on Tariffs and Trade 1994 (GATT 1994) shall be apportioned between the Union and the United Kingdom of Great Britain and Northern Ireland (the ‘United Kingdom’) in line with the following methodology:
(a)
the Union’s usage share of imports in percentages, for each individual tariff rate quota is established, over a recent representative three-year period;
(b)
the Union’s usage share of imports, in percentages, is applied to the entire scheduled tariff rate quota volume to arrive at its share in volume of a given tariff rate quota;
(c)
for individual tariff rate quotas for which no trade can be observed during the representative period as laid down in point (a), the Union’s portion is instead established by following the procedure laid down in point (b) on the basis of the Union’s usage share of imports, in percentages, of another tariff rate quota with the exact same product definition, or in the corresponding tariff lines outside of the tariff rate quota.
2. The Union’s portion of the tariff rate quotas referred to in paragraph 1 resulting from the application of the methodology referred to in that paragraph shall be as follows:
(a)
as regards tariff rate quotas for agricultural products, as set out in Part A of the Annex;
(b)
as regards tariff rate quotas for fisheries products, industrial products and certain processed agricultural products, as set out in Parts B and C of the Annex.
Article 2
While ensuring consistency with the methodology referred to in Article 1(1) and in particular ensuring that the market access into the Union as composed after the withdrawal of the United Kingdom does not exceed that which is reflected in the share of trade flows during a representative period, the Commission is empowered to adopt delegated acts in accordance with Article 3 to amend Parts A and C of the Annex in order to take account of the following:
(a)
any international agreement concluded by the Union under Article XXVIII of GATT 1994 concerning the tariff rate quotas referred to in those parts of the Annex; and
(b)
pertinent information that it may receive either in the context of negotiations under Article XXVIII of GATT 1994 or from other sources with an interest in a specific tariff rate quota.
Article 3
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 2 shall be conferred on the Commission for a period of five years from 9 February 2019. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in Article 2 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (8).
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 2 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 4
The Commission shall adopt implementing acts in order to adjust, in line with Part C of the Annex to this Regulation, the volumes of the tariff rate quotas opened and managed by Regulation (EC) No 847/2006. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 5(2).
Article 5
1. The Commission shall be assisted by the Customs Code Committee established by Article 285(1) of Regulation (EU) No 952/2013 of the European Parliament and of the Council (9). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 6
Regulation (EC) No 32/2000 is amended as follows:
(1)
The following Articles are inserted:
‘Article 10a
For the purpose of apportioning tariff rate quotas included in the schedule of concessions and commitments of the Union following the withdrawal of the United Kingdom from the Union and while ensuring consistency with the methodology referred to in Article 1(1) of Regulation (EU) 2019/216 of the European Parliament and of the Council (*1) and, in particular, ensuring that the market access into the Union as composed after the withdrawal of the United Kingdom does not exceed that which is reflected in the share of trade flows during a representative period, the Commission is empowered to adopt delegated acts in accordance with Article 10b to amend Annex I to this Regulation in order to take account of the following:
(a)
any international agreement concluded by the Union under Article XXVIII of GATT 1994, concerning the tariff rate quotas referred to in Annex I to this Regulation; and
(b)
pertinent information that it may receive either in the context of negotiations under Article XXVIII of GATT 1994, or from other sources with an interest in a specific tariff rate quota.
Article 10b
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 10a shall be conferred on the Commission for a period of five years from 9 February 2019. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of powers referred to in Article 10a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (*2).
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 10a shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
(*1) Regulation (EU) 2019/216 of the European Parliament and of the Council of 30 January 2019 on the apportionment of tariff rate quotas included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, and amending Council Regulation (EC) No 32/2000 (OJ 38, 8.2.2019, p. 1)."
(*2) OJ L 123, 12.5.2016, p. 1.’"
(2)
Annex I is replaced by the text in Part B of the Annex to this Regulation.
Article 7
1. This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
2. Articles 1(2) and 6(2) shall apply from the day following that on which Regulation (EC) No 32/2000 ceases to apply to and in the United Kingdom.
3. Articles other than those referred to in paragraph 2 shall apply as from the day of entry into force of this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 January 2019.
For the European Parliament
The President
A. TAJANI
For the Council
The President
G. CIAMBA
(1) Position of the European Parliament of 16 January 2019 (not yet published in the Official Journal) and decision of the Council of 28 January 2019.
(2) Council Regulation (EC) No 32/2000 of 17 December 1999 opening and providing for the administration of Community tariff quotas bound in GATT and certain other Community tariff quotas and establishing detailed rules for adjusting the quotas, and repealing Council Regulation (EC) No 1808/95 (OJ L 5, 8.1.2000, p. 1).
(3) 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 1234/2007 (OJ L 347, 20.12.2013, p. 671).
(4) Commission Regulation (EC) No 847/2006 of 8 June 2006 opening and providing for the administration of Community tariff quotas for certain prepared or preserved fish (OJ L 156, 9.6.2006, p. 8).
(5) Council Decision 2006/324/EC of 27 February 2006 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Thailand pursuant to Articles XXIV:6 and XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union (OJ L 120, 5.5.2006, p. 17).
(6) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(7) Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits (OJ L 124, 8.6.1971, p. 1).
(8) OJ L 123, 12.5.2016, p. 1.
(9) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
ANNEX
PART A
Product Description
Unit
EU-28 scheduled quantity
Country (1)
Order number
EU-27 share in quota usage (2)
EU-27 TRQ size
Live bovine animals
head
710
EO (3)
090114
100 %
710
Live bovine animals
head
711
EO
090115
100 %
711
Live bovine animals
head
24 070
EO
090113
100 %
24 070
Meat of bovine animals, fresh, chilled or frozen
Edible offal of bovine animals, fresh, chilled or frozen
t (product weight)
7 150
AUS
094451
34,7 %
2 481
High quality meat with or without bone
t (product weight)
17 000
ARG
094450
99,6 %
16 936
Boneless high quality meat of bovine animals, fresh or chilled
t (product weight)
12 500
99,6 %
12 453
High quality meat with or without bone
t (product weight)
2 300
URY
094452
87,9 %
2 022
Boneless high quality meat of bovine animals, fresh or chilled
t (product weight)
4 076
87,9 %
3 584
Meat of bovine animals, fresh, chilled or frozen
Edible offal of bovine animals, fresh, chilled or frozen
t (product weight)
11 500
USA/CAN
094002
99,8 %
11 481
High quality meat of bovine animals, fresh, chilled or frozen
t
PAR
094455
71,1 %
711
High quality meat of bovine animals, fresh, chilled or frozen
t
1 300
NZL
094454
65,1 %
846
Boneless meat of bovine animals, fresh, chilled or frozen
Edible offal of bovine animals, fresh, chilled or frozen
t
10 000
BRA
094453
89,5 %
8 951
Meat of bovine animals, frozen
Edible offal of bovine animals, frozen
t (boneless weight)
54 875
EO
094003
79,7 %
43 732
Boneless buffalo meat, frozen
t (without bone)
2 250
AUS
094001
62,4 %
1 405
Boneless buffalo meat, frozen
Boneless buffalo meat, fresh, chilled or frozen
t (without bone)
200
ARG
094004
100 %
200
Meat of bovine animals, frozen
Edible offal of bovine animals, frozen
t (bone-in weight)
63 703
EO
094057
30,9 %
19 676
Meat of bovine animals, frozen
Edible offal of bovine animals, frozen
t (bone-in weight)
EO
094058
Edible offal of bovine animals, frozen
t
800
OTH (4)
094020
100 %
800
Edible offal of bovine animals, frozen
t
700
ARG
094460
100 %
700
Meat of swine, fresh, chilled or frozen:
—
Carcasses and half-carcasses of domestic swine, fresh, chilled or frozen
t
15 067
EO
090122
100 %
15 067
Meat of swine, fresh, chilled or frozen:
—
Cuts of domestic swine, fresh, chilled or frozen, with or without bone, excluding tenderloin presented separately
t
4 624
CAN
094204
100 %
4 623
Meat of swine, fresh, chilled or frozen:
—
Cuts of domestic swine, fresh, chilled or frozen, with or without bone, excluding tenderloin presented separately
t
6 135
EO
090123
100 %
6 133
Meat of swine, fresh, chilled or frozen:
—
Loins of domestic swine and cuts thereof, with bone in, fresh or chilled
—
Bellies (streaky) of domestic swine and cuts thereof, frozen
t
7 000
EO
090119
100 %
7 000
Meat of swine, fresh, chilled or frozen:
—
Boneless loins and hams of domestic swine, fresh, chilled or frozen
t
35 265
EO
094038
36 %
12 680
Meat of swine, fresh, chilled or frozen:
—
Boneless loins and hams of domestic swine, fresh, chilled or frozen
t
4 922
USA
094170
36 %
1 770
Meat of swine, fresh, chilled or frozen:
—
Tenderloins of domestic swine, fresh, chilled or frozen
t
5 000
EO
090118
75,6 %
3 780
Prepared or preserved meat of domestic swine
t
6 161
EO
090121
100 %
6 161
Sausages, dry or for spreading, uncooked
Other sausages
t
3 002
EO
090120
5,5 %
164
Live sheep and goats, other than pure-bred breeding animals
t (carcasse weight)
105
OTH
092019
100 %
105
Live sheep and goats, other than pure-bred breeding animals
t (carcasse weight)
215
MKD
100 %
215
Live sheep and goats, other than pure-bred breeding animals
t (carcasse weight)
91
EO
092019
100 %
91
Meat of sheep or goats, fresh, chilled or frozen
t (carcasse weight)
23 000
ARG
092011
73,9 %
17 006
Meat of sheep or goats, fresh, chilled or frozen
t (carcasse weight)
600
ISL
090790
58,2 %
349
Meat of sheep or goats, fresh, chilled or frozen
t (carcasse weight)
850
BIH
48,3 %
410
Meat of sheep or goats, fresh, chilled or frozen
t (carcasse weight)
19 186
AUS
092012
20 %
3 837
Meat of sheep or goats, fresh, chilled or frozen
t (carcasse weight)
3 000
CHL
091922
87,6 %
2 628
Meat of sheep or goats, fresh, chilled or frozen
t (carcasse weight)
100
GRL
090693
48,3 %
48
Meat of sheep or goats, fresh, chilled or frozen
t (carcasse weight)
228 389
NZL
092013
50 %
114 184
Meat of sheep or goats, fresh, chilled or frozen
t (carcasse weight)
5 800
URY
092014
82,1 %
4 759
Meat of sheep or goats, fresh, chilled or frozen
t (carcasse weight)
200
OTH
092015
100 %
200
Meat of sheep or goats, fresh, chilled or frozen
t (carcasse weight)
200
EO
092016
89,2 %
178
Chicken carcasses, fresh, chilled or frozen
t
6 249
EO
094067
64,9 %
4 054
Chicken cuts, fresh, chilled or frozen
t
8 570
EO
094068
96,3 %
8 253
Boneless cuts of fowls of the species Gallus domesticus, frozen
t
2 705
EO
094069
89,7 %
2 427
Cuts of fowls of the species Gallus domesticus, frozen
t
9 598
BRA
094410
86,6 %
8 308
Cuts of fowls of the species Gallus domesticus, frozen
t
15 500
EO
094411
86,9 %
13 471
Cuts of fowls of the species Gallus domesticus, frozen
t
094412
Turkey meat, fresh, chilled or frozen
t
1 781
EO
094070
100 %
1 781
Cuts of turkeys, frozen
t
3 110
BRA
094420
86,5 %
2 692
Cuts of turkeys, frozen
t
4 985
EO
094421
85,3 %
4 253
Cuts of turkeys, frozen
t
094422
Meat and edible offal of poultry, fresh, chilled or frozen
t
21 345
USA
094169
100 %
21 345
Salted poultry meat
t
170 807
BRA
094211
76,1 %
129 930
Salted poultry meat
t
92 610
THA
094212
73,8 %
68 385
Salted poultry meat
t
828
OTH
094213
99,5 %
824
Prepared turkey meat
t
92 300
BRA
094217
97,5 %
89 950
Prepared turkey meat
t
11 596
OTH
094218
97,5 %
11 301
Cooked meat of fowls of the species Gallus domesticus
t
79 477
BRA
094214
66,3 %
52 665
Cooked meat of fowls of the species Gallus domesticus
t
160 033
THA
094215
68,4 %
109 441
Cooked meat of fowls of the species Gallus domesticus
t
11 443
OTH
094216
74 %
8 471
Processed chicken meat, uncooked, containing 57 % or more by weight of poultry meat or offal
t
15 800
BRA
094251
69,4 %
10 969
Processed chicken meat, uncooked, containing 57 % or more by weight of poultry meat or offal
t
340
OTH
094261
69,4 %
236
Processed chicken meat, containing 25 % or more but less than 57 % by weight of poultry meat or offal
t
62 905
BRA
094252
94,9 %
59 699
Processed chicken meat, containing 25 % or more but less than 57 % by weight of poultry meat or offal
t
14 000
THA
094254
57,3 %
8 019
Processed chicken meat, containing 25 % or more but less than 57 % by weight of poultry meat or offal
t
2 800
OTH
094260
59,6 %
1 669
Processed chicken meat, containing less than 25 % by weight of poultry meat or offal
t
295
BRA
094253
55,3 %
163
Processed chicken meat, containing less than 25 % by weight of poultry meat or offal
t
2 100
THA
094255
55,3 %
1 162
Processed chicken meat, containing less than 25 % by weight of poultry meat or offal
t
470
OTH
094262
55,3 %
260
Processed duck, geese, guinea fowl meat, uncooked, containing 57 % or more by weight of poultry meat or offal
t
10
THA
094257
0 %
0
Processed duck, geese, guinea fowl meat, cooked, containing 57 % or more by weight of poultry meat or offal
t
13 500
THA
094256
63,5 %
8 572
Processed duck, geese, guinea fowl meat, cooked, containing 57 % or more by weight of poultry meat or offal
t
220
OTH
094263
72,1 %
159
Processed duck, geese, guinea fowl meat, cooked, containing 25 % or more but less than 57 % by weight of poultry meat or offal
t
600
THA
094258
50 %
300
Processed duck, geese, guinea fowl meat, cooked, containing 25 % or more but less than 57 % by weight of poultry meat or offal
t
148
OTH
094264
0 %
0
Processed duck, geese, guinea fowl meat, cooked, containing less than 25 % by weight of poultry meat or offal
t
600
THA
094259
46,4 %
278
Processed duck, geese, guinea fowl meat, cooked, containing less than 25 % by weight of poultry meat or offal
t
125
OTH
094265
46,4 %
58
Poultry eggs for consumption, in shell
t
135 000
EO
094015
84,9 %
114 669
Eggs yolks
Bird eggs, not in shell
t (shell egg equivalent)
7 000
EO
094401
100 %
7 000
Egg albumin
t (shell egg equivalent)
15 500
EO
094402
100 %
15 500
Skimmed-milk powder
t
68 537
EO
094590
99,998 %
68 536
Butter and other fats and oils derived from milk
t (in butter equivalent)
11 360
EO
094599
100 %
11 360
Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 % manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process.
Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 % manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process which may involve the cream passing through a stage where the butterfat is concentrated and/or fractionated (the process referred to as ‘Ammix’ and ‘Spreadable’).
t
74 693
NZL
094182
63,2 %
47 177
Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 % manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process.
Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 % manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process which may involve the cream passing through a stage where the butterfat is concentrated and/or fractionated (the process referred to as ‘Ammix’ and ‘Spreadable’).
t
NZL
094195
Cheese and curd:
—
Pizza cheese, frozen, cut into pieces each weighing not more than 1 g, in containers with a net content of 5 kg or more, of a water content, by weight, of 52 % or more, and a fat content, by weight, in the dry matter of 38 % or more
t
5 360
EO
094591
100 %
5 360
Cheese and curd:
—
Emmentaler, including processed Emmentaler
t
18 438
EO
094592
100 %
18 438
Cheese and curd:
—
Gruyère, Sbrinz, including processed Gruyère
t
5 413
EO
094593
100 %
5 413
Cheese and curd:
—
Cheese for processing
t
20 007
EO
094594
58,7 %
11 741
Cheese for processing
t
4 000
NZL
094515
41,7 %
1 670
Cheese for processing
t
500
AUS
094522
100 %
500
Cheese and curd:
—
Cheddar
t
15 005
EO
094595
99,6 %
14 941
Cheddar
t
7 000
NZL
094514
62,3 %
4 361
Cheddar
t
3 711
AUS
094521
100 %
3 711
Cheddar
t
4 000
CAN
094513
0 %
0
Other cheeses
t
19 525
EO
094596
100 %
19 525
Potatoes, fresh or chilled, from 1 January to 15 May
t
4 295
EO
090055
99,9 %
4 292
Tomatoes
t
472
EO
090094
98,2 %
464
Garlic
t
19 147
ARG
094104
100 %
19 147
Garlic
t
ARG
094099
Garlic
t
48 225
CHN
094105
84,1 %
40 556
Garlic
t
CHN
094100
Garlic
t
6 023
OTH
094106
61,6 %
3 711
Garlic
t
OTH
094102
Carrots and turnips, fresh or chilled
t
1 244
EO
090056
95,8 %
1 192
Cucumbers, fresh or chilled, from 1 November to 15 May
t
1 134
EO
090059
44,1 %
500
Other vegetables, fresh or chilled (sweet peppers)
t
500
EO
090057
100 %
500
Dried onions
t
12 000
EO
090035
80,8 %
9 696
Manioc (casava)
t
5 750 000
THA
090708
53,8 %
3 096 027
Manioc (casava) other than pellets of flour and meal
Arrowroot, salep and similar roots and tubers with high starch content
t
825 000
IDN
090126
0 %
0
Manioc (casava) other than pellets of flour and meal
Arrowroot, salep and similar roots and tubers with high starch content
t
350 000
CHN
090127
78,8 %
275 805
Manioc (casava) other than pellets of flour and meal
Arrowroot, salep and similar roots and tubers with high starch content
t
145 590
OTH
090128
85,5 %
124 552
Manioc (casava) other than pellets of flour and meal
Arrowroot, salep and similar roots and tubers with high starch content
t
30 000
NW
090129
100 %
30 000
Manioc (casava) other than pellets of flour and meal
Arrowroot, salep and similar roots and tubers with high starch content
t
2 000
NW
090130
84,6 %
1 691
Sweet potatoes, other than for human consumption
t
600 000
CHN
090124
42,1 %
252 641
Sweet potatoes, other than for human consumption
t
5 000
OTH
090131
99,7 %
4 985
Mushrooms of the species Agaricus, prepared, preserved or provisionally preserved
t
33 980
EO
100 %
33 980
Mushrooms of the species Agaricus, prepared, preserved or provisionally preserved
t
1 450
CHN
100 %
1 450
Almonds, other than bitter
t
90 000
EO
090041
95,5 %
85 958
Sweet oranges, fresh
t
20 000
EO
090025
100 %
20 000
Other citrus hybrids
t
15 000
EO
090027
99,5 %
14 931
Lemons, from 15 January to 14 June
t
10 000
EO
090039
81,6 %
8 156
Table grapes, fresh, from 21 July to 31 October
t
1 500
EO
090060
59 %
885
Apples, fresh, from 1 April to 31 July
t
696
EO
090061
95,7 %
666
Pears, fresh, other than perry pears in bulk, from 1 August to 31 December
t
1 000
EO
090062
81 %
810
Apricots, fresh, from 1 August to 31 May
t
500
EO
090058
14,9 %
74
Apricots, fresh, from 1 June to 31 July
t
2 500
EO
090063
55,5 %
1 387
Cherries, fresh, other than sour cherries, from 21 May to 15 July
t
800
EO
090040
13,1 %
105
Preserved pineapples, citrus fruit, pears, apricots, cherries, peaches and strawberries
t
2 838
EO
090092
99,4 %
2 820
Orange juice, frozen, of a density not exceeding 1,33 g/cm3 at 20 °C
t
1 500
EO
090033
100 %
1 500
Fruit juices
t
7 044
EO
090093
91,4 %
6 436
Grape juice (including grape must)
t
14 029
EO
090067
0 %
0
Durum wheat
t
50 000
EO
090074
100 %
50 000
Quality wheat
t
300 000
EO
090075
100 %
300 000
Common wheat (medium and low quality)
t
572 000
USA
094123
99,99 %
571 943
Common wheat (medium and low quality)
t
38 853
CAN
094124
3,8 %
1 463
Common wheat (medium and low quality)
t
2 371 600
OTH
094125
96,4 %
2 285 665
Common wheat (medium and low quality)
t
129 577
EO
094133
100 %
129 577
Barley
t
307 105
EO
094126
99,9 %
306 812
Malting barley
t
50 890
EO
090076
40,9 %
20 789
Preparations consisting of a mixture of malt sprouts and of barley screenings before the malting process (possibly including other seeds) with barley cleanings after the malting process, and containing, by weight, 12,5 % or more of protein
Preparations consisting of a mixture of malt sprouts and of barley screenings before the malting process (possibly including their seeds) with barley cleanings after the malting process, and containing, by weight, 12,5 % or more of protein and not more than 28 % of starch
t
20 000
EO
092905
100 %
20 000
Preparations consisting of a mixture of malt sprouts and of barley screenings before the malting process (possibly including other seeds) with barley cleanings after the malting process, and containing, by weight, 15,5 % or more of protein
Preparations consisting of a mixture of malt sprouts and of barley screenings before the malting process (possibly including other seeds) with barley cleanings after the malting process, and containing, by weight, 15,5 % or more of protein and not more than 23 % of starch
t
100 000
EO
092903
100 %
100 000
Maize
t
277 988
EO
094131
96,8 %
269 214
Maize
t
500 000
EO
No order number
100 %
500 000
Maize
t
2 000 000
EO
No order number
100 %
2 000 000
Corn gluten
t
10 000
USA
090090
100 %
10 000
Grain sorghum
t
300 000
EO
No order number
100 %
300 000
Millet
t
1 300
EO
090071
68,3 %
888
Worked oats, other than kibbled
t
10 000
EO
090043
2,3 %
231
Manioc starch
t
8 000
EO
090132
82,9 %
6 632
Manioc starch
t
2 000
EO
090132
82,9 %
1 658
Bran, sharps and other residues whether or not in the form of pellets derived from the sifting, milling or other working of cereals
t
475 000
EO
090072
96,4 %
458 068
Paddy rice
t
7
EO
090083
66,7 %
5
Husked (brown) rice
t
1 634
EO
094148
86,6 %
1 416
Semi-milled or wholly milled rice
t
63 000
EO
58,3 %
36 731
Semi-milled or wholly milled rice
t
4 313
THA
094112
84,9 %
3 663
Semi-milled or wholly milled rice
t
9 187
OTH
74,7 %
6 859
Semi-milled or wholly milled rice
t
1 200
THA
094112
84,9 %
1 019
Semi-milled or wholly milled rice
t
25 516
OT
094166
88 %
22 442
Broken rice, intended for the production of foodstuffs of subheading 1901 10 00
t
1 000
EO
094079
100 %
1 000
Broken rice
t
31 788
EO
094168
83,6 %
26 581
Broken rice
t
100 000
EO
93,7 %
93 709
Raw cane sugar, for refining
t
9 925
AUS
094317
50 %
4 961
Raw cane sugar, for refining
t
388 124
BRA
094318
92,4 %
358 454
Raw cane sugar, for refining
t
10 000
CUB
094319
100 %
10 000
Raw cane sugar, for refining
t
372 876
EO
094320
91,6 %
341 460
Cane or beet sugar
t (white sugar equivalent)
10 000
IDN
094321
58,4 %
5 841
Cane or beet sugar
t (white sugar equivalent)
1 294 700
ACP
N/A
71,2 %
921 707
Other preparations of a kind used in animal feeding:
Containing no milk products or containing less than 10 % by weight of such products
t
2 800
EO
090073
98,1 %
2 746
Other preparations of a kind used in animal feeding:
Containing no milk products or containing less than 10 % by weight of such products
t
2 700
EO
090070
98,9 %
2 670
Dog and cat food
t
2 058
EO
090089
67,7 %
1 393
Wine of fresh grapes (other than sparkling wine and quality wine produced in specified regions) in containers holding ≤ 2 L and of an alcoholic strength of ≤ 13 % vol
hl
40 000
EO
090097
11,7 %
4 689
Wine of fresh grapes (other than sparkling wine and quality wine produced in specified regions) in containers holding > 2 L and of an alcoholic strength of ≤ 13 % vol
hl
20 000
EO
090095
78,2 %
15 647
Vermouth and other wine of fresh grapes, flavoured with plants or aromatic substances in containers holding > 2 L and of an alcoholic strength of ≤ 18 % vol
hl
13 810
EO
090098
99,99 %
13 808
PART B
List of community tariff quotas bound in GATT
Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.
Order number
CN code
Taric subdivision
Description of goods
Quota period
Quota volume
Rate of duty (%)
09.0006
0302 41 00
Herring
From 16.6. to 14.2.
31 888 tonnes
0
0303 51 00
0304 59 50
ex 0304 59 90
10
0304 99 23
09.0007
ex 0305 51 10
10
Cod of the species Gadus morhua and Gadus ogac and fish of the species Boreogadus saida:
From 1.1. to 31.12.
24 998 tonnes
0
20
ex 0305 51 90
10
—
dried, whether or not salted but not smoked
—
salted but not dried or smoked and in brine
20
0305 53 10
ex 0305 62 00
20
25
50
60
0305 69 10
0305 72 00
10
15
20
25
30
35
50
52
56
60
62
64
0305 79 00
10
15
20
25
30
35
50
52
56
60
62
64
09.0008
0302 31 10
0302 32 10
0302 33 10
0302 34 10
0302 35 11
0302 35 91
0302 36 10
0302 39 20
0302 49 11
0302 89 21
0303 41 10
Tunas (of the genus Thunnus) and fish of the genus Euthynnus, for use in the canning industry (5)
From 1.1. to 31.12.
17 221 t
0
0303 42 20
0303 43 10
0303 44 10
0303 45 12
0303 45 91
0303 46 10
0303 49 20
0303 59 21
0303 89 21
09.0009
ex 0302 54 19
10
Silver hake (Merluccius bilinearis), fresh, chilled or frozen
From 1.1. to 31.12.
1 999 tonnes
8
ex 0303 66 19
11
19
09.0013
ex 4412 39 00
10
Plywood of Coniferous species, without the addition of other substances:
—
of a thickness greater than 8,5 mm, the faces of which are not further prepared than the peeling process
—
or sanded, and of a thickness greater than 18,5 mm
From 1.1. to 31.12.
482 648 m3
0
ex 4412 99 85
10
09.0019
7202 21 00
Ferro-silicon
From 1.1. to 31.12.
12 600 tonnes
0
7202 29
09.0021
7202 30 00
Ferro-silicon-manganese
From 1.1. to 31.12.
18 550 tonnes
0
09.0023
ex 7202 49 10
20
Ferro-chromium containing not more than 0,10 % by weight of carbon and more than 30 % but not more than 90 % of chromium (super-refined ferrochromium)
From 1.1. to 31.12.
2 804 tonnes
0
ex 7202 49 50
11
09.0045
ex 0303 19 00
10
Fish, frozen, of the genus Coregonus
From 1.1. to 31.12.
1 000 tonnes
5,5
09.0046
ex 1605 40 00
30
Freshwater crayfish cooked with dill, frozen
From 1.1. to 31.12.
2 965 tonnes
0
09.0047
ex 1605 21 10
40
Shrimps and prawns of the Species Pandalus borealis, shelled, boiled and frozen, but not otherwise prepared
From 1.1. to 31.12.
474 tonnes
0
ex 1605 21 90
40
ex 1605 29 00
40
09.0048
ex 0304 89 90
10
Fillets of fish, frozen, of the species Allo-cyttus spp. and Pseu-docyttus maculatus
From 1.1. to 31.12.
200 tonnes
0
09.0050
ex 5306 10 10
10
Unbleached flax yarn (other than tow yarn), not put up for retail sale, measuring 333,3 decitex or more (not exceeding 30 metric numbers), intended for the manufacture of multiple or cabled yarn for the footwear industry or for whipping cables (5)
From 1.1. to 31.12.
400 tonnes
1,8
ex 5306 10 30
10
09.0051
7018 10 90
Similar glass smallwares other than glass beads, imitation pearls and imitation precious or semi-precious stones
From 1.1. to 31.12.
52 tonnes
0
09.0052
1806 20
Chocolate
From 1.7. to 30.6.
2 026 tonnes
38
1806 31 00
1806 32
1806 90
09.0053
1704
Sugar confectionery (including white chocolate), not containing cocoa
From 1.7. to 30.6.
2 245 tonnes
35
09.0054
1905 90
Other than crispbread, gingerbread and the like, sweet biscuits, waffles and wafers, rusks, toasted bread and similar toasted products
From 1.7. to 30.6.
409 tonnes
40
09.0084
1702 50 00
Chemically pure fructose
From 1.1. to 31.12.
1 253 tonnes
20
09.0085
1806
Chocolate and other food preparations containing cocoa
From 1.1. to 31.12.
81 tonnes
43
09.0086
1902 11 00
Pasta, whether or not cooked or stuffed or otherwise prepared, except stuffed pasta of CN subheadings 1902 20 10 and 1902 20 30 ; couscous, whether or not prepared
From 1.1. to 31.12.
497 tonnes
11
1902 19
1902 20 91
1902 20 99
1902 30
1902 40
09.0087
1901 90 99
Food preparations of cereals
From 1.1. to 31.12.
191 tonnes
33
1904 30 00
1904 90 80
1905 90 20
09.0088
2106 90 98
Other food preparations not elsewhere specified or included
From 1.1. to 31.12.
702 tonnes
18
09.0091
1702 50 00
Chemically pure fructose
From 1.7. to 30.6.
4 504 tonnes
(6)
09.0096
2106 90 98
Other food preparations not elsewhere specified or included, allocated to the United States of America
From 1.7. to 30.6.
831 tonnes
EA (7)
PART C
Product Description
Unit
EU-28 scheduled quantity
Country
Order number
EU-27 share in quota usage
EU-27 TRQ size
Fisheries products not listed in Council Regulation (EC) No 32/2000
Prepared or preserved fish (excl. whole or in pieces): of tuna, skipjack or other fish of the genus Euthynnus
t
1 816
THA
090704
100 %
1 816
Prepared or preserved fish (excl. whole or in pieces): of tuna, skipjack or other fish of the genus Euthynnus
t
742
EO
090705
100 %
742
Prepared or preserved fish (excl. whole or in pieces): of sardines, bonito, mackerel of the species Scomber scombrus and Scomber japonicas, fish of the species Orcynopsis unicolor
t
1 410
THA
090706
8,7 %
123
Prepared or preserved fish (excl. whole or in pieces): of sardines, bonito, mackerel of the species Scomber scombrus and Scomber japonicas, fish of the species Orcynopsis unicolor
t
865
EO
090707
72,9 %
631
(1) For official country codes please refer to: http://www.nationsonline.org/oneworld/country_code_list.htm
(2) For presentational purposes, the percentage for the EU-27 share in quota usage has been rounded to one decimal place. The EU-27 tariff rate quota size is, however, calculated based on the exact percentage.
(3) EO = erga omnes.
(4) OTH = others.
(5) The reduction of the customs duty shall be subject to the conditions laid down in the relevant provisions of the European Union with a view to customs control of the use of such goods (see Article 254 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (OJ L 269, 10.10.2013, p. 1)).
(6) Suspension of specific duty as from 1 July 1995; the ad valorem duty to be taken into account is the duty in force appearing in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
(7) The symbol ‘EA’ indicates that the goods are chargeable with an ‘agricultural component’ fixed in accordance with Regulation (EEC) No 2658/87.
Statement by the Commission
The Commission fully adheres to the principles of Better Regulation and to the commitments laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. It will therefore endeavour to put forward a legislative proposal to the Council and to the European Parliament at the earliest opportunity, with a view to aligning Regulation (EC) No 32/2000 to the legal framework introduced by the Lisbon Treaty.
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