Commission Delegated Regulation (EU) 2023/2777 of 3 October 2023 amending the Annex to Regulation (EU) 2020/2170 of the European Parliament and of the Council as regards the application of Union tariff rate quotas and other import quotas to certain steel products transferred to Northern Ireland

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2020/2170 of the European Parliament and of the Council of 16 December 2020 on the application of Union tariff rate quotas and other import quotas (1), and in particular Article 1a, and Article 1b thereof,

Whereas:

(1) The Annex to Regulation (EU) 2020/2170 contains a list of goods originating in the United Kingdom and being subject to safeguard measures under Commission Implementing Regulation (EU) 2019/159 (2) that are brought into Northern Ireland by direct transport from other parts of the United Kingdom and shall be eligible for treatment pursuant to Union import tariff rate quotas if those goods are released for free circulation in the territory of Northern Ireland.

(2) As set out in recital (4) of Regulation (EU) 2023/1321 of the European Parliament and of the Council (3), the United Kingdom had provided evidence showing that certain steel products originating in the United Kingdom that are currently subject to safeguard measures under Implementing Regulation (EU) 2019/159 (‘the products concerned’) had been transferred in significant quantities to Northern Ireland from other parts of the United Kingdom. In order to ensure the economic viability of those transfers, and in view of the specific circumstances in Northern Ireland, it was considered appropriate to allow for the products concerned to also benefit from the relevant Union tariff rate quotas when they are released for free circulation in Northern Ireland.

(3) Subsequent to the adoption of Regulation (EU) 2023/1321, the United Kingdom has provided evidence similar to the evidence mentioned under recital (2) above, showing that five additional categories of the products concerned have also been transferred in significant quantities to Northern Ireland from other parts of the United Kingdom. The United Kingdom has therefore asked that these five categories of the products concerned be also eligible for treatment pursuant to Union import tariff rate quotas if they are released for free circulation in the territory of Northern Ireland.

(4) The Commission has examined whether, in order to ensure the economic viability of those transfers, and in view of the specific circumstances in Northern Ireland, it is appropriate to allow for these five additional categories of the products concerned to also benefit from the relevant Union tariff rate quotas when they are released for free circulation in Northern Ireland.

(5) The Commission is satisfied that the evidence provided by the United Kingdom demonstrates that there is a need for these five categories of the products concerned to be released for free circulation in Northern Ireland,

(6) The Annex to Regulation (EU) 2020/2170 should therefore be amended,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EU) 2020/2170 is replaced by the Annex to this Regulation.

Article 2

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 1 January 2024.

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

Done at Brussels, 3 October 2023.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 432, 21.12.2020, p. 1.

(2) Commission Implementing Regulation (EU) 2019/159 of 31 January 2019 imposing definitive safeguard measures against imports of certain steel products (OJ L 31, 1.2.2019, p. 27).

(3) Regulation (EU) 2023/1321 of the European Parliament and of the Council of 14 June 2023, amending Regulation (EU) 2020/2170 on the application of Union tariff rate quotas and other import quotas (OJ L 166, 30.6.2023, p. 1).