Commission Implementing Regulation (EU) 2023/254 of 6 February 2023 amending Implementing Regulation (EU) 2020/761 as regards certain technical rules on the management of tariff rate quotas

COMMISSION IMPLEMENTING REGULATION (EU) 2023/254

of 6 February 2023

amending Implementing Regulation (EU) 2020/761 as regards certain technical rules on the management of tariff rate quotas

Article 1

Amendments to Implementing Regulation (EU) 2020/761

Implementing Regulation (EU) 2020/761 is amended as follows:

• (1) in Article 6, paragraph 4 is replaced by the following: ‘4. If an applicant submits more applications for a tariff quota than the maximum number set out in paragraph 3, none of the applications submitted for the tariff quota shall be admissible.’;

• (2) Article 9 is replaced by the following: ‘Article 9 Security to be lodged upon submission of an application for an import or export licence Where the issue of a licence is subject to the lodging of a security pursuant to Article 4 of Delegated Regulation (EU) 2020/760, the applicant shall lodge the security with the licence issuing authority before the end of the application period in the amount set out for each tariff quota in Annexes II to XIII to this Regulation. However, the licence issuing authority may oblige operators to lodge the security pursuant to Article 4 of Delegated Regulation (EU) 2020/760 on the day of application for licences, in accordance with Article 4(2) of Delegated Regulation (EU) 2016/1237.’;

• (3) in Article 12(1), point (e) is replaced by the following:
• ‘(e) Section 24 of the import licence or Section 22 of the export licence shall contain the statement that “Article 3(4) of Regulation (EEC, Euratom) No 1182/71 shall not apply” ([^E0001]).

• (4) in Article 16, paragraph 5 is replaced by the following: ‘5. Within 4 months or 210 calendar days respectively, following the expiry of the period of validity of the licences concerned, Member States shall notify to the Commission: (a) the unused quantities covered by import or export licences; and (b) the quantities of products covered by import licences and released into free circulation during the preceding import tariff quota period.’;

• (5) Annexes I, VIII, IX, X, XII and XIV.5 are amended in accordance with the Annex to this Regulation.

Article 2

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.

Article 1 shall apply to the licence application periods starting after the entry into force of this Regulation.

However:

• (a) Article 1(2), points (3)(b)(i) and (ii), and (3)(c)(i) and (ii), and point (6) of the Annex shall apply as from the first day after the 90-day period that follows the publication of this Regulation in the Official Journal of the European Union or, where applicable, to the first application period opening after that period;

• (b) point (1)(b) and point (5)(b) of the Annex shall apply to the tariff rate quota period starting in July 2023.

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

ANNEX

Annexes I, VIII, IX, X, XII and XIV.5 to Implementing Regulation (EU) 2020/761 are amended as follows:

• (1) Annex I is amended as follows:
• (a) the row relating to tariff quota with order number 09.4264 is deleted;
• (b) the rows relating to tariff quotas with order numbers 09.4268 and 09.4269 are replaced by the following: ‘09.4268 Poultry meat Import EU: simultaneous examination Yes Only when Article 9(9) of Delegated Regulation (EU) 2020/760 applies Till end of TRQ period Yes 09.4269 Poultry meat Import EU: simultaneous examination Yes Only when Article 9(9) of Delegated Regulation (EU) 2020/760 applies Till end of TRQ period Yes’

• (2) in Annex VIII, in the table relating to tariff quota with order number 09.4281, the row ‘Quantity in kg’ is replaced by the following: ‘Quantity in kg 15 000 000  kg (carcass weight equivalent) divided as follows: 25 % for sub-period 1 January to 31 March 25 % for sub-period 1 April to 30 June 25 % for sub-period 1 July to 30 September 25 % for sub-period 1 October to 31 December’

• (3) Annex IX is amended as follows:
• (a) in the table relating to tariff quota with order number 09.4225, the row ‘Proof of trade’ is replaced by the following: ‘Proof of trade No’
• (b) the table relating to tariff quota with order number 09.4226 is amended as follows:
• (i) the row ‘Product description’ is replaced by the following: ‘Product description [^E0002] Skyr (¹) 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 arrangements being determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are referred to, the applicability of the preferential arrangements is determined to the basis of the CN code and the corresponding description taken jointly.*’;
• (ii) the row ‘CN codes’ is replaced by the following: ‘CN codes Ex 0406 10 50 (TARIC code 0406105010 )’
• (iii) the row ‘Proof of trade’ is replaced by the following: ‘Proof of trade No’
• (c) the table relating to tariff quota with order number 09.4227 is amended as follows:
• (i) the row ‘Product description’ is replaced by the following: ‘Product description [^E0003] Cheeses, excluding “Skyr” of TARIC code 0406105010 (¹) 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 arrangements being determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are referred to, the applicability of the preferential arrangements is determined to the basis of the CN code and the corresponding description taken jointly.*’;
• (ii) the row ‘CN codes’ is replaced by the following: ‘CN codes Ex  04 06 excluding “Skyr” of TARIC code 0406105010 ’
• (iii) the row ‘Proof of trade’ is replaced by the following: ‘Proof of trade No’

• (4) in Annex X, in the table relating to tariff quota with order number 09.4282, the row ‘Quantity in kg’ is replaced by the following: ‘Quantity in kg 80 548 000  kg (carcass weight equivalent), divided as follows: 25 % for each sub-period’

• (5) Annex XII is amended as follows:
• (a) the table relating to tariff quota with order number 09.4264 is deleted;
• (b) the tables relating to tariff quotas with order numbers 09.4268 and 09.4269 are amended as follows:
• (i) the row ‘Proof of trade’ is replaced by the following: ‘Proof of trade Yes. Proof of trade required only when Article 9(9) of Delegated Regulation (EU) 2020/760 applies. 25 tonnes’
• (ii) the row ‘Reference quantity’ is replaced by the following: ‘Reference quantity Yes’
• (iii) the row ‘Operator registered in LORI database’ is replaced by the following: ‘Operator registered in LORI database Yes’

• (6) Annex XIV.5 is amended as follows:
• (a) in Part A1, box 16 is replaced by the following: ‘16. Observations:  (a) tariff quota with order number 09.4… (b) intended for processing [^E0004] (¹) Delete as appropriate’;
• (b) Part A2 is amended as follows:
• (i) in box 3, the entry ‘3. Number and date of invoice’ is replaced by ‘3. Buyer’;
• (ii) box 16 is replaced by the following: ‘16. Observations:  (a) tariff quota with order number 09.4… (b) intended for processing [^E0005] (¹) Delete as appropriate’;

[^E0001]: