Commission Implementing Regulation (EU) 2020/1988 of 11 November 2020 laying down rules for the application of Regulations (EU) No 1308/2013 and (EU) No 510/2014 of the European Parliament and of the Council as regards the administration of import tariff quotas in accordance with the ‘first come, first served’ principle

CHAPTER I

SCOPE AND COMMON RULES

Article 1

Scope

This Regulation lays down common rules for the administration of the tariff quotas set out in Annex I for agricultural products, in particular as regards:

(a) the management method;

(b) the tariff quota periods and sub-periods where applicable;

(c) the requirements as to processing, end-use and quality which certain products must fulfil in order to be eligible for import within a tariff quota;

(d) the procedures and the amount of the security to be lodged for the products referred to in point (c);

(e) the supporting documents where applicable.

It also lays down specific rules for the administration of certain of those tariff quotas.

Article 2

Management of tariff quotas

Article 3

Tariff quota sub-periods

Article 4

Supporting documents

If during the transitional period the rules referred to in Article 31c of this Regulation allow so, the third country issuing the document that does not use ELAN can issue the document mentioned in the first subparagraph in compliance with the requirements laid down in Article 57 of Implementing Regulation (EU) 2015/2447.

In accordance with the transitional rules laid down in Article 31a of this Regulation, if the third country issuing the document does not use ELAN, the documents mentioned in the first subparagraph shall comply with the requirements laid down in Chapter II of and in Annex I to this Regulation.

Article 5

Electronic documents

Where the competent authority of a Member State recognises that, due to force majeure, the required official document is not available:

(a) that Member State’s competent authority may issue a scanned copy of the original document (paper or electronic), provided that such copy is sent by electronic message from a mailbox belonging to that Member State's competent authorities;

(b) the competent authority of a Member State to which the required official document is to be submitted may accept a scanned copy of the original (paper or electronic) document from the operator, accompanied by a written commitment of the operator to submit the original document as soon as feasible.

The more flexible requirements set out in the first paragraph shall not exempt the customs authorities of the Member States from their duty of due diligence. They shall be reasonably assured of the authenticity and of the validity of the documents.

Article 6

Checks in third countries

The Commission may request the third country to authorise representatives of the Commission to carry out, where required, checks in that third country to verify compliance with requirements or conditions which are a precondition for issuing certificates or other official documents to be presented to the customs authorities of the Union for the release into free circulation of the product in the Union. Those checks shall be performed jointly with the competent authorities of the third country concerned.

CHAPTER II

SPECIFIC SECTORAL RULES

SECTION 1

CEREALS

Article 7

Definitions for tariff quotas under order numbers 09.0124, 09.0131, 09.0126, 09.0127, 09.0128, 09.0129 and 09.0130

Article 8

Definitions for tariff quota under order number 09.0076

For the tariff quota under order number 09.0076, the following definitions apply:

(a) ‘damaged grains’ shall mean grains of barley, other cereals or wild oats that display damage, including deterioration caused by disease, frost, heat, insects or fungus, bad weather and all other forms of physical damage;

(b) ‘sound and fair merchantable barley’ shall mean barley grains or pieces of grain that are not damaged, as defined in point (a), except grains damaged by frost or fungus.

Article 9

Quality requirements for tariff quota under order number 09.0076

Barley shall be eligible for import within the tariff quota under order number 09.0076 if it fulfils the following requirements:

(a) specific weight: minimum 60,5 kg/hl;

(b) damaged grains: maximum 1 %;

(c) moisture content: maximum 13,5 %;

(d) sound and fair merchantable grains: minimum 96 %.

Compliance with the quality requirements set out in paragraph 1 shall be certified by one of the following documents:

(a) a certificate of analysis carried out at the importer’s request by the customs office of release for free circulation; or

(b) a certificate of conformity for the imported barley issued by a government authority of the country of origin and recognised by the Commission.

In accordance with Article 254 of Regulation (EU) No 952/2013 barley shall be subject to customs supervision, to ensure that:

(a) it is malted within 6 months from the date of release for free circulation; and

(b) the resulting malt is used in the manufacture of beer aged in vats containing beechwood within no more than 150 days following the date on which barley is processed into malt.

Processing of the imported barley into malt shall be deemed to have taken place when the malting barley has undergone steeping.

The security provided for in paragraph 4 shall be released immediately where proof is presented to the customs authorities concerned that:

(a) the quality of the barley, established on the basis of the certificate of conformity or the analysis certificate, meets the requirements laid down in paragraph 1;

(b) the processing requirement laid down in paragraph 3 has been complied with within the timeframe specified.

Article 10

Tariff quotas under order numbers 09.0689 and 09.0779

Article 11

Tariff quotas under order numbers 09.0074 and 09.0075

SECTION 2

RICE

Article 12

Tariff quota under order number 09.0139

Article 13

Tariff quotas under order numbers 09.0141, 09.0165, 09.0166, 09.0167, 09.0168, 09.0169, 09.0170 and 09.0171

If, in accordance with the transitional rules laid down in Article 31c of this Regulation, the third country issuing the document does not use ELAN, the certificate of origin referred to in paragraph 1 of this Article shall be issued following the model for a certificate of origin set out in Part B of Annex II to this Regulation.

SECTION 3

FRUIT AND VEGETABLES; PROCESSED FRUIT AND VEGETABLE PRODUCTS

Article 14

Definitions for tariff quotas under order numbers 09.0025, 09.0027 and 09.0033

Article 15

Certificate of authenticity for tariff quotas under order numbers 09.0025, 09.0027 and 09.0033

If, in accordance with the transitional rules laid down in Article 31c, the third country issuing the document does not use ELAN, the certificate of authenticity issued by the competent authorities of the country of origin as listed in Annex IV and confirming the products’ specific characteristics as set out in Article 14 shall be issued following the template as set out in Parts C, D and E of Annex II.

SECTION 4

WINE

Article 16

Tariff quotas under order numbers 09.1526, 09.1527, 09.1558, 09.1559, 09.1570 and 09.1572

SECTION 5

BEEF AND VEAL

Article 17

Management of tariff quotas under order numbers 09.0161, 09.0162, 09.0163 and 09.0164

Tariff quotas under order numbers 09.0161 and 09.0163 shall be used to apply for CN code ex 0202 20 30 ; tariff quotas under order numbers 09.0162 and 09.0164 shall be used to apply for CN codes ex 0202 30 10 , ex 0202 30 50 , ex 0202 30 90 and ex 0206 29 91 .

Article 18

Definitions for tariff quotas under order numbers 09.0161, 09.0162, 09.0163 and 09.0164

For the purposes of this Regulation, an ‘A-product’ within tariff quotas under order numbers  —————, 09.0161 and 09.0162 shall mean a processed product falling within CN code 1602 10 00 , 1602 50 31 or 1602 50 95 , not containing meat other than that of animals of the bovine species. The product shall have a collagen/protein ratio of no more than 0,45 and contain by weight at least 20 % of lean meat, excluding offal and fat with meat and jelly accounting for at least 85 % of the total net weight. For the purposes of this paragraph:

(a) the collagen content shall be considered to be the hydroxyproline content multiplied by the factor 8, whereas the hydroxyproline content shall be determined according to ISO method 3496-1994;

(b) the lean bovine meat content excluding fat shall be determined in accordance with the procedure laid down in the Annex to Commission Regulation (EEC) No 2429/86 (²¹);

(c) offal shall include the following: heads and cuts thereof (including ears), feet, tails, hearts, udders, livers, kidneys, sweetbreads (thymus glands), pancreas, brains, lungs, throats, thick skirts, spleens, tongues, caul, spinal cords, edible skin, reproductive organs (i.e. uteri, ovaries and testes), thyroid glands, pituitary glands;

(d) the product shall be subjected to a heat treatment sufficient to ensure the coagulation of meat proteins in the whole of the product which may not show any traces of a pinkish liquid on the cut surface when the product is cut along a line passing through its thickest part.

Article 19

Specific provisions for tariff quotas under order numbers 09.0161, 09.0162, 09.0163 and 09.0164

Article 20

Tariff quotas under order numbers 09.0142, 09.0143 and 09.0146

If, in accordance with the transitional rules laid down in Article 31c, the third country issuing the document does not use ELAN, the certificate of authenticity shall be considered duly endorsed if they state the date and place of issue and if they bear a printed seal or the stamp of the issuing authority and the signature of the person or persons empowered to sign them.

The issuing authority referred to in paragraph 6 shall:

(a) be recognised as such by Argentina;

(b) undertake to check the particulars on certificates of authenticity;

(c) undertake to supply the Commission and the Member States, on request, with any information enabling the particulars on certificates of authenticity to be evaluated.

Article 21

Tariff quota under order number 09.0113

In addition to possible cases of force majeure, the security referred to in paragraph 3 shall be released if proof is furnished to the competent authority of the Member State that the young bovine animals:

(a) have been fattened on the farm or farms indicated in accordance with paragraph 1;

(b) have not been slaughtered before a period of 120 days from the date of import has elapsed; or

(c) have been slaughtered for health reasons or have died as a result of sickness or accident before the period referred to in point (b) has elapsed.

Article 22

Tariff quotas under order numbers 09.0114 and 09.0115

To qualify for the import tariff quota under order number 09.0115, the following documents must be presented:

(a) for bulls: a pedigree certificate;

(b) for cows and heifers: a pedigree certificate or a certificate of registration in a herdbook certifying the purity of the breed.

The security provided for in paragraph 4 shall be released immediately where proof is presented to the customs authorities concerned that the animals:

(a) have not been slaughtered within 4 months following the date of their release for free circulation; or

(b) they have been slaughtered within that period for reasons of force majeure or for health reasons or have died of disease or as a result of an accident.

Article 23

Management of the tariff quota under order number 09.2201 and sub-tariff quotas under order numbers 09.2202 and 09.2203

Article 24

Definitions and requirements for the tariff quota under order number 09.2201 and sub-tariff quotas under order numbers 09.2202 and 09.2203

For the tariff quotas under order numbers 09.2201, 09.2202 and 09.2203, the following definitions shall apply:

(a) ‘frozen meat’ means meat with an internal temperature of – 12 °C or lower when it enters the customs territory of the Union;

(b) ‘heifers and steers’ mean ‘bovine animals’, as defined in Part V of Annex II to Regulation (EU) No 1308/2013, which correspond, respectively, to categories E and C, as defined in Part A.II of Annex IV to that Regulation.

High-quality fresh, chilled or frozen beef shall be eligible for import within the tariff quotas under order numbers 09.2201, 09.2202 and 09.2203 if it fulfils the following requirements:

(a) beef cuts are obtained from carcasses of heifers and steers less than 30 months of age which have only been fed a diet, for at least the last 100 days before slaughter, containing not less than 62 % of concentrates and/or feed grain co-products on a dietary dry matter basis, that meets or exceeds a metabolisable energy content greater than 12,26 mega joules per one kilogram of dry matter;

(b) the heifers and steers that are fed the diet described in point (a) are fed, on average, no less than 1,4 % of live body weight per day on a dry matter basis;

(c) the carcass from which beef cuts are derived are evaluated by an evaluator employed by the national government who bases the evaluation, and a resulting classification of the carcass, on a method approved by the national government. The national government evaluation method, and its classifications, must evaluate expected carcass quality using a combination of carcass maturity and palatability traits of the beef cuts. Such an evaluation method of the carcass shall include, but not be limited to, an evaluation of the maturity characteristics of colour and texture of the longissimus dorsi muscle and bone and cartilage ossification, as well as an evaluation of expected palatability traits including a combination of the discrete specifications of intramuscular fat and firmness of the longissimus dorsi muscle;

(d) the cuts are labelled in accordance with Article 13 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council (²⁴). The indication ‘High Quality Beef’ may be added to the information on the label referred to in point (d).

Article 25

Certificates of authenticity for the tariff quota under order number 09.2201 and sub-tariff quotas under order numbers 09.2202 and 09.2203

Article 26

Issuing authorities in third countries as regards imports within tariff quota under order number 09.2201 and sub-tariff quotas under order numbers 09.2202 and 09.2203

The issuing authority referred to in Article 25 shall:

(a) be recognised as such by the competent authority of the exporting country;

(b) undertake to verify entries in the certificates of authenticity.

The following information shall be notified to the Commission:

(a) the name and address, if possible including email and internet address, of the authority or authorities recognised to issue the certificates of authenticity referred to in Article 25;

(b) specimen of the stamps used by the issuing authority or authorities;

(c) the procedures and criteria followed by the issuing authority or authorities in order to establish whether the requirements laid down in Article 24 are fulfilled.

Article 27

Publication of the names of the issuing authorities in third countries for tariff quota under order number 09.2201 and sub-tariff quotas under order numbers 09.2202 and 09.2203

When the requirements laid down in Article 26 are fulfilled, the Commission shall make public the name of the issuing authority or authorities concerned in the C series of the Official Journal of the European Union.

SECTION 6

MILK AND MILK PRODUCTS

Article 28

Definitions and requirements for tariff quota under order number 09.0151

Article 29

Tariff quotas under order numbers 09.0159 and 09.0160

Tariff quota 09.0159 shall be used to apply for CN code 0405 10 ; tariff quota 09.0160 shall be used to apply for CN code 0405 90 .

SECTION 7

PIGMEAT

Article 30

Definitions for tariff quota under order number 09.0118

For the tariff quota under order number 09.0118, tenderloin, fresh, chilled or frozen falling within CN codes ex 0203 19 55 and ex 0203 29 55 shall comprise cuts including the meats of muscles musculus major psoas and musculus minor psoas, with or without head, trimmed or not trimmed.

SECTION 8

SHEEPMEAT AND GOATMEAT

Article 31

Tariff quotas in the sheepmeat and goatmeat sector

For the purpose of calculating the quantities of ‘carcass weight equivalent’, the net weight shall be multiplied by the following coefficients:

(a) for boneless lamb and boneless goatmeat of kid: 1,67;

(b) for boneless mutton, boneless sheep and boneless goatmeat other than of kid and mixtures of any of these: 1,81;

(c) for bone-in products: 1,00;

(d) for live animals: 0,47.

In the case of tariff quotas other than those resulting from preferential tariff agreements, the customs declaration for release for free circulation for the products concerned shall be submitted to the customs authorities of the Union together with a document issued by the competent authority or agency in the third country of origin. This document shall include:

(a) the name of the consigner;

(b) the type of product and its CN code;

(c) the number of packages, their nature and the marks and numbers they bear;

(d) the order number or order numbers of the tariff quota(s) concerned;

(e) the total net weight broken down per coefficient category as provided for in Annex I.

Article 31a

Tariff quotas for fresh, chilled and frozen sheep and goatmeat originating in New Zealand with order numbers 09.7901, 09.7898, 09.7899, 09.7902, 09.7896 and 09.7897

SECTION 9

DAIRY PROCESSED AGRICULTURAL PRODUCTS AND HIGH PROTEIN WHEY

Article 31b

Tariff quota for dairy processed agricultural products and high protein whey originating in New Zealand with order number 09.7903

CHAPTER III

TRANSITIONAL AND FINAL PROVISIONS

Article 31c

Transitional provisions applicable to ELAN1L-TCDOC

Where the provisions of this Regulation and Annex I to this Regulation require third countries to issue documents in compliance with Annex XIV.8 to Implementing Regulation (EU) 2020/761, the transitional rules laid down in Articles 72a to 72d of that Implementing Regulation apply.

Article 32

Entry into force and application

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

This Regulation shall apply to the tariff quota periods starting from 1 January 2021 onwards.