Specific sections in the Implementing Regulation on TRQs,

Exchange of views on TRQs

CMO-HQ Committee 28. 4. 2017

WORKING DOCUMENT ON TRADE MECHANISMS

Notes:

·  This document should be read in combination with the draft Delegated and Implementing Regulation on TRQs, (latest version). After discussions the texts shall be an integral part of the Implementing Regulation on TRQs.

·  This document is provided by DG AGRI for the purposes of providing a framework for a structured discussion on suggestions that have been put forward by Member States and stakeholders in the course of the review of the TRQ legislation. It represents a possible structure in which generic rules are set out in the body, while sectoral specificities are to be set out in extra chapters and Annexes. The document is an orientation, and the content is not complete. It does not reflect the official position of the Commission, and the points mentioned will not necessarily be included in the Commission's eventual proposal.

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DRAFT

WORKING DOCUMENT

COMMISSION IMPLEMENTING REGULATION (EU) …/...

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Specific Sections TRQ

(Text with EEA relevance)

Section 1

CEREALS

Article

Specific rules applicable to TRQs managed by the simultaneous examination method

1.  TRQs managed by the simultaneous examination method are listed in Annex…

2.  Where TRQ sub-periods are applicable, the annual quantity shall be subdivided into each one of the TRQ sub-periods in the same percentage as the partition of the total available quantity.

3.  By way of derogation from Article 15(1), licences shall be valid from the actual day of issue until the end of the second month following that day, but not longer than the last day of the TRQ period.

4.  The quality standards and tolerances applicable to the common wheat of a quality other than high quality, shall be those defined in Annex II to Commission Regulation (EC) No 642/2010.[1] The methods of analysis provided for in Annex I Part II of Commission Implementing Regulation (EU) 2016/1240[2] shall apply.

Section 2

RICE

Article

Specific rules applicable to TRQs managed by the simultaneous examination method

1.  TRQs managed by the simultaneous examination method are listed in Annex…

2.  Where TRQ sub-periods are applicable, the annual quantity shall be subdivided into each one of the TRQ sub-periods in the same percentage as the partition of the total available quantity. That is so unless quantities are specifically fixed per TRQ sub-period, in accordance with Annexes II a, b, c, d, e, f, g, l, m, n, o, p, q, and r. (?)

3.  As regards TRQs in Annexes II a, b, c, d, f, and r, quantities not covered by import licences issued in the September sub-period may be applied for in the October sub-period. In such case, import licence applications may be submitted for products of all the origins covered by the overall import TRQ. [check]

4.  Import licence applications submitted for rice and broken rice, referred to in Annexes II a, b, g, j and originating in Thailand, Australia or the United States, shall be accompanied by the original of the export licence. [Is this something specific to this rice only?] The export license shall be drawn up in accordance with Annexes IV, V and VI of this Regulation, and issued by the competent body in the countries indicated therein. Entries under sections 7, 8 and 9 of Annex IV shall be optional.

5.  By way of derogation to Article 15(1), import licences for husked, semi-milled and wholly milled rice shall be valid from the actual day of issuing until the end of the third month following that day, but not longer than the last day of the TRQ period.

6.  For the import tariff quotas laid down in Annexes [I, II and III], release for free circulation shall be subject to the presentation of a certificate of origin issued by the competent authorities in accordance with Articles 57-59 of Implementing Regulation (EU) 2016/2447.

7.  For the import tariff quotas laid down in Annexes II a, b, c, g, h, j, l and m, the release of products into free circulation within the Union shall be subject to the presentation of a certificate of origin issued by the competent national authorities of the third country concerned.

8.  A certificate of origin shall not be required in case of:

a)  quotas attributed to countries issuing an export licence in accordance with Article […] of this Regulation,

b)  quotas the origin of which is described as ‘all countries';

Section 3

SUGAR

Article

Specific rules applicable to TRQs managed by the simultaneous examination method

  1. TRQs managed by the simultaneous examination method are listed in Annex
  2. For the purposes of this Regulation, the following definitions shall apply:

a)  'tel quel weight' means the weight of the sugar in the natural state;

b)  'refining' means the processing of raw sugars into white sugars as defined in points 1 and 2 of Part II, Section A, of Annex II to Regulation (EC) No 1308/2013, and any equivalent technical operation applied to bulk white sugar.

  1. By way of derogation to Article 15 of this Regulation, the import licence shall be valid until the end of the third month following that in which they were issued, but no longer than 30 September.
  2. Member States shall notify the Commission before 1 March of each year of the following quantities concerning the previous sugar marketing year:

a)  the total quantity actually imported, broken down by order number, country of origin, the eight-digit CN code and expressed in kilograms tel quel weight;

b)  the quantity of sugar, by tel quel weight and in white sugar equivalent, that was actually refined. If the release for free circulation under order number 09.4321 did not result in refining, the notification shall be nil.

Article

WTO sugar quotas, obligations linked to the submission of an import licence application

  1. For the WTO sugar quotas[3] with order numbers 09.4317, 09.4318, 09.4319, 09.4320, and 09.4321 import licence applications and import licences shall contain in section 20 the following entries:

a)  either "sugar intended for refining" or "sugar not intended for refining"; and

b)  one of the entries listed in Annex [3.1.1] (WTO sugar)

2.  For the WTO sugar quotas with order numbers 09.4317, 09.4318, 09.4319 and 09.4320, referred to in Annex […]:

a)  release for free circulation shall be subject to the end-use procedure for refining according to Article 210 of Regulation (EU) No 952/2013, and

b)  by way of derogation to Article 239 of Regulation (EU) 2015/2446, the obligation to refine cannot be transferred to another legal or natural person;

c)  the refining shall be realised within a period of 6 months after release for free circulation of the sugar;

3.  For WTO sugar quotas with order numbers 09.4317, 09.4318, 09.4319, 09.4320, and 09.4321 the minimum quantity to apply for shall be 25 tonnes.

Article

Balkans sugar, obligations linked to the submission of an import licence application

  1. For Balkans sugar quotas, referred to in Annex…, import licence applications shall be accompanied by the original of the export licence, in accordance with the model provided in Annex…, issued by the competent authorities of the third country concerned. The quantity mentioned in the import licence applications may not exceed the quantity shown on the export licences.
  2. Section 20 of the import licence applications for Balkans sugar shall contain one of the entries listed in Annex….
  3. For Balkans sugar quotas with order numbers 09.4324, 09.4325, 09.4326, and 09.4327 the minimum quantity to apply for shall be [25] tonnes.

Article

Release for free circulation of WTO sugar quotas

  1. For the WTO sugar quotas with order numbers 09.4317, 09.4318, 09.4319 and 09.4321, release for free circulation shall be subject to the presentation of a certificate of origin issued by the competent authorities of the third country concerned, in accordance with Articles 57 to 59 of Implementing Regulation (EU) 2015/2447.
  2. For the WTO sugar quotas with order numbers 09.4317, 09.4318, 09.4319 and 09.4320, where the polarimetric reading of the imported raw sugar departs from 96 degrees, the import duty rate of EUR 98 per tonne shall be increased or reduced, as appropriate, by 0,14 % per tenth of a degree difference established.

Section 4

OLIVE OIL AND TABLE OLIVES

Section 5

FRUITS AND VEGETABLES

Subsection 1

Garlic

Article

General provisions

  1. TRQs under this section shall be managed in accordance with the provisions of Article 184(2)(b) of Regulation (EU) No 1308/2013 and the additional conditions set out below in this Section.
  2. The import licences to use under the garlic quota shall be denominated as "A" licences.
  3. Save as otherwise provided for in this Section, Articles 5(6) and 8(3) of Delegated Regulation (EU) 2016/….[TRQ], and Articles 10 and 11 [of Implementing Regulation (EU) 2016/…. [TRQ] shall apply.

Article

Traditional importers and newcomers

  1. 'Traditional importers’ shall mean importers who can prove that :

a)  they released fresh garlic, CN code 0703 20 00, into free circulation in the Union in each of the previous three completed import tariff quota periods, and

b)  released at least 50 tonnes of fruits and vegetables into free circulation in the Union, or exported at least 50 tonnes of garlic during the last completed import tariff quota period preceding the submission of their application;

  1. 'New importers' shall mean:

a)  operators that imported into the Union at least 50 tonnes of fruit and vegetables, of which 10 tonnes shall be fresh garlic falling within CN code 0703 20 00, or

b)  operators that exported to third countries at least 50 tonnes of garlic in each of the previous two completed import tariff quota periods, or in each of the previous two calendar years preceding the submission of their application.

  1. New importers shall be deemed traditional importers after receiving "A" import licences, under this Regulation, in two TRQ periods.
  2. The quota shall be divided in two parts:

a)  a category equal to 70% of the quantity shall be distributed among Union "traditional" importers respecting the specific proof of trade referred to in Article 5 of Delegated Regulation (EU) 2016/…. [TRQ];

b)  a category equal to 30 % of the quantity, shall be distributed to Union "newcomer" importers respecting the specific proof of trade referred to in Article 5 of Delegated Regulation (EU) 2016/…. [TRQ].

  1. If, on the basis of the notifications set out in Article 18 (1) [IA], the Commission concludes that one of the quantities under paragraph 4, point (a) or (b) is not fully applied for then the quantity of the category and origin that was not applied for shall be added to the quantity available for the next sub-period for the same category and origin.
  2. If, on the basis of the notifications set out in Article 18 (1) [IA], the Commission concludes that both of the quantities under paragraph 4, point (a) or (b), were not fully applied for then the quantities of the categories and origin not applied for shall be added to the under-subscribed category in the last sub-period before an allocation coefficient is fixed.

Article

Reference quantities

  1. The reference quantity referred to in Article 5(3) of Delegated Regulation (EU) 2016/ ….. [TRQ] shall be fixed for each tariff quota period made up of four sub-periods.
  2. For a traditional importer the ‘reference quantity’, shall be the average of the quantities of fresh garlic, falling within CN code 0703 20 00, released for free circulation during the three calendar years preceding the related import tariff quota period.
  3. For a newcomer the "reference quantity" shall be the average of the quantities of fresh garlic, falling within CN code 0703 20 00, released for free circulation and/or exported in the last two calendar years.

Article

Maximum quantities applicable to ‘A’ licence applications

The total quantity covered by ‘A’ licence applications submitted by a traditional or new importer, in any import tariff quota period, may not exceed that importer’s reference quantity. Applications not complying with this rule shall be rejected by the licence issuing authorities.

Article

Release for free circulation

Garlic originating in a third country listed in Annex IV may only be released for free circulation in the Union, if the importer presents a certificate of origin issued by the competent authority of that country and the transport of the product is direct, in the sense of Article [5.6].

Article

Direct transport

  1. The following shall be considered as having been transported direct to the Community from the third countries listed in Annex IV:

a)  products transported without passing through the territory of any other third country;

b)  products transported through one or more third countries other than the country of origin, with or without transhipment or temporary warehousing in those countries, provided that such passage is justified for geographical reasons or transport requirements and provided that the products:

  1. have remained under the supervision of the customs authorities of the country or countries of transit or warehousing;
  2. have not been placed on the market or released for consumption there;
  3. have not undergone operations there other than unloading and reloading or any other operation to keep them in good condition.
  1. Proof that the conditions referred to in paragraph 1(b) are satisfied shall be submitted to the competent authorities of the Member States, together with:

a)  a single transport document issued in the country of origin and covering passage through the country or countries of transit; or

b)  a certificate issued by the customs authorities of the country or countries of transit and containing:

  1. a precise description of the goods;
  2. the dates of unloading and reloading, with particulars identifying the transport vehicles used;
  3. a statement certifying the conditions in which they have been kept, or where the proof referred to in points (a) or (b) cannot be provided, any other substantiating document [check!].

Article

Administrative cooperation with certain third countries

  1. Whenever an administrative cooperation procedure, pursuant to Article 58 of Implementing Regulation (EU) 2015/2447, is set up with a third country listed in Annex IV, the Commission shall publish an information notice in the ‘C’ series of the Official Journal of the European Union.
  2. Issuing ‘A’ licences for imports of garlic shall not be allowed without the administrative cooperation procedure referred to in paragraph 1.

Article