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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

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:

  1. the management method;

  2. the tariff quota periods and sub-periods where applicable;

  3. 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;

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

  5. 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

1.

The tariff quotas set out in Annex I shall be administered by the Union in accordance with the chronological order of dates of acceptance of customs declarations for release for free circulation as laid down in Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.

2.

Article 53(2), points (b) and (c), and Article 53(3) of Implementing Regulation (EU) 2015/2447 shall not apply to tariff quotas and sub-tariff quotas under order numbers 09.0138, 09.0139, 09.0140, 09.0141, 09.0165, 09.0166, 09.0167, 09.0168, 09.0169, 09.0170, 09.0171, 09.0142, 09.0143, 09.0161, 09.0162, 09.0163, 09.0164, 09.0146, 09.0147, 09.0148, 09.0149, 09.0150, 09.0151, 09.0152, 09.0159, 09.0160, 09.0154, 09.0155, 09.0156, 09.0157 and 09.0158.

Article 3 Tariff quota sub-periods

1.

When a tariff quota period is divided into sub-periods, as set out in Annex I, the available tariff quota quantity for a sub-period shall include any quantity unused during the previous tariff quota sub-period. However, quantities unused at the end of a tariff quota period shall not be transferred to the following tariff quota period.

2.

When a tariff quota period is divided in sub-periods, the drawings for each sub-period, with the exception of the last one, shall be stopped respectively on the fifth working day of the Commission of the second month following the end of the relevant sub-period.

Article 4 Supporting documents

1.

Where a proof of origin is required by Annex I, operators shall present a specific document to the customs authorities of the Union together with the lodging of a customs declaration for release for free circulation for the products concerned. The supporting documents required are set out for each tariff quota in Annex I.

2.

Where the proof of origin consists of a certificate of origin for products subject to special non-preferential import arrangements, it shall comply with the requirements laid down in Article 15a(1) and Annex XIV.8 to Commission Implementing Regulation (EU) 2020/761(1).

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.

3.

Where the tariff quota is set out as a preferential tariff measure referred to in points (d) and (e) of Article 56(2) of Regulation (EU) No 952/2013 of the European Parliament and of the Council(2), the proof of origin shall be issued or made in accordance with the rules on preferential origin referred to in Article 64 of that Regulation.

4.

Where additional documents are required, they shall comply with the requirements laid down in Chapter II of and in Annex I to this Regulation or with the requirements laid down in Annex XIV.8 to Implementing Regulation (EU) 2020/761, when the ELAN1L-TCDOC data model applies.

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.

5.

If necessary, customs authorities may additionally require the declarant or importer to prove the origin of the products in accordance with Article 61 of Regulation (EU) No 952/2013 or relevant provisions of the trade arrangement concerned.

Article 5 Electronic documents

Article 6 Checks in third countries

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

Article 9 Quality requirements for tariff quota under order number 09.0076

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

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

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

Article 18 Definitions for tariff quotas under order numbers 09.0161, 09.0162, 09.0163 and 09.0164

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

Article 21 Tariff quota under order number 09.0113

Article 22 Tariff quotas under order numbers 09.0114 and 09.0115

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

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

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

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

SECTION 7 PIGMEAT

Article 30 Definitions for tariff quota under order number 09.0118

SECTION 8 SHEEPMEAT AND GOATMEAT

Article 31 Tariff quotas in the sheepmeat and goatmeat sector

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

Article 32 Entry into force and application

ANNEX I

ANNEX IIModels of certificates

ANNEX IIIEntries referred to in Article 13

ANNEX IVCompetent authorities referred to in Article 15

ANNEX V

ANNEX VIConversion factors in the eggs sector applicable from 6 June to 31 December 2025 for the tariff rate quotas opened in the framework of the Association Agreement between the European Union and Ukraine