Commission Implementing Regulation (EU) 2017/1772 of 28 September 2017 opening and providing for the management of Union tariff quotas for certain agricultural products, processed agricultural products and fishery products originating in Canada

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 58(1) thereof,

Whereas:

(1) By Council Decision (EU) 2017/38 (2), the Council authorised the provisional application of the Comprehensive Economic and Trade Agreement between Canada of the one part, and the European Union and its Member States, of the other part (‘the Agreement’).

(2) The Agreement stipulates that customs duties on imports into the Union of goods originating in Canada must be reduced or eliminated in accordance with the tariff elimination schedule in Annex 2-A to that Agreement. Annex 2-A provides that for certain goods the reduction or elimination of customs duties is granted within tariff quotas.

(3) Annex 2-A to the Agreement stipulates that the Union is to manage certain of those tariff quotas on a first-come, first-served basis. The Commission should manage those tariff quotas in accordance with the rules on the management of tariff quotas laid down in Commission Implementing Regulation (EU) 2015/2447 (3).

(4) The Agreement provides that in order for goods to benefit from those tariff quotas, they must comply with the rules of origin as set out in Annex 5 to the Protocol on rules of origin and origin procedures attached to that Agreement.

(5) As published in the Official Journal of the European Union, the Agreement is to be applied provisionally from 21 September 2017 (4). In order to ensure the effective application and management of those tariff quotas granted under the Agreement which the Commission shall manage on a first-come first-served basis, this Regulation should apply from 21 September 2017.

(6) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Union tariff quotas are opened for goods originating in Canada as set out in the Annex.

Article 2

The goods listed in the Annex originating in Canada and declared for release for free circulation in the Union shall, within the respective tariff quotas set out in the Annex, be exempted from the customs duties applicable to imports into the Union.

Article 3

The tariff quotas set out in the Annex shall be managed in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.

Article 4

In order to be eligible to benefit from the tariff quotas set out in this Regulation, the goods listed in the Annex shall comply with the rules of origin set out in Annex 5 to the Protocol on Rules of Origin and Origin Procedures attached to the Comprehensive Economic and Trade Agreement between Canada of the one part, and the European Union and its Member States, of the other part, and be accompanied by a valid origin declaration as set out in Annex 2 to that Protocol.

Article 5

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

It shall apply from 21 September 2017.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 September 2017.

For the Commission The President Jean-Claude JUNCKER

(1) OJ L 269, 10.10.2013, p. 1.

(2) Council Decision (EU) 2017/38 of 28 October 2016 on the provisional application of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 11, 14.1.2017, p. 1080).

(3) 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).

(4) Notice concerning the provisional application of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 238, 16.9.2017, p. 9).