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Commission Implementing Regulation (EU) 2020/991 of 13 May 2020 opening and providing for the administration of import tariff quotas for rice originating in the Socialist Republic of Vietnam

Commission Implementing Regulation (EU) 2020/991 of 13 May 2020 opening and providing for the administration of import tariff quotas for rice originating in the Socialist Republic of Vietnam

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007(1), and in particular points (a) to (d) of the first paragraph of Article 187 thereof,

Whereas:

  1. The Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam (‘the Agreement’) was approved by Council Decision (EU) 2020/753(2). Article 2.7 of the Agreement provides, in particular, for the reduction or elimination of customs duties on goods originating in the other Party in accordance with the Schedules set out in Annex 2-A thereto.

  2. In accordance with points 5 to 10 of Sub-Section 1 of Section B of Annex 2-A to the Agreement, the Union is to open tariff rate quotas for the import of 80 000 tonnes of rice originating in Vietnam.

  3. Consequently, tariff quotas for imports of rice originating in Vietnam should be opened. To ensure the proper management of these tariff quotas, imports should be made subject to the issue of import licences, for which a security should be lodged. The Commission should administer these tariff quotas according to the method referred to in Article 184(2)(b) of Regulation (EU) No 1308/2013. In addition, Commission Regulations (EC) No 1301/2006(3), (EC) No 1342/2003(4) and Commission Delegated Regulation (EU) 2016/1237(5) should apply, save as otherwise provided for in this Regulation.

  4. To prevent imports under those tariff quotas from causing disturbance in the normal marketing of Union-grown rice, the quota period should be divided in sub-periods for each separate quota and the imports should be divided among these sub-periods so they can be absorbed more easily by the Union market.

  5. To ensure the proper management of these quotas, deadlines for the lodging of import licence applications should be laid down and the information to be included in applications and licences should be specified. Product weight should be indicated separately for husked and milled rice in order to comply with the requirement set out in the Agreement in the form of an Exchange of Letters between the European Community and the United States of America relating to the method of calculation of applied duties for husked rice(6), concluded by Council Decision 2005/476/EC(7) and in the Agreement in the form of an Exchange of Letters between the European Community and Thailand pursuant to Article XXVIII of GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to GATT 1994(8), concluded by Council Decision 2005/953/EC(9).

  6. Applications for import licences and notifications by Member States of the quantities covered by these applications should refer to the real product weight in kilograms. Thus, the Commission will transform the quantities notified in the type of equivalent specified for each quota, which is either husked rice equivalent or milled rice equivalent, in order to verify if they exceed the quota and, in such case, calculate the allocation coefficient.

  7. Protocol 1 to the Agreement concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation sets out the rules to be applied as regards the proof of origin. It is therefore appropriate to lay down provisions on the presentation of a proof of origin in accordance with that Protocol.

  8. In the interest of efficient administration, when notifying the Commission, Member States should use the information systems provided for in Commission Delegated Regulation (EU) 2017/1183(10).

  9. This Regulation should apply from the date of entry into force of the Agreement.

  10. The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1 Opening and management of tariff quotas

1.

The following import tariff quotas for rice originating in Vietnam shall be open annually from 1 January to 31 December:

  1. 20 000 metric tonnes expressed in husked rice equivalent of rice covered by HS subheadings ex1006 10 or 1006 20. This quota carries order number 09.4729;

  2. 30 000 metric tonnes expressed in milled rice equivalent of rice covered by HS subheading 1006 30. This quota carries order number 09.4730;

  3. 30 000 metric tonnes expressed in milled rice equivalent of rice covered by HS subheadings ex1006 10 or 1006 20 or 1006 30 and belonging to one of the varieties of fragrant rice listed in Annex I. This quota carries order number 09.4731.

All quota volumes referred to in the first subparagraph shall be divided in sub-periods as laid down in Annex I.

2.

By way of derogation from paragraph 1, for the year of entry into force of this Regulation, the quota period is opened from the date of entry into force of this Regulation to 31 December of the same year.

3.

For year 1 of each import tariff quota referred to in paragraph 1, the volume of that tariff quota shall be calculated by discounting the volume corresponding to the period running between 1 January and the date of entry into force of the Agreement.

4.

The rate of import duty within the tariff quotas referred to in paragraph 1 is set at EUR 0 per tonne.

5.

The conversion rates between paddy rice, husked rice, semi-milled rice and milled rice referred to in Article 1 of Commission Regulation (EC) No 1312/2008(11) shall apply.

6.

The tariff quotas referred to in paragraph 1 shall be managed in accordance with the method referred to in point (b) of Article 184(2) of Regulation (EU) No 1308/2013.

7.

Regulations (EC) No 1301/2006, (EC) No 1342/2003 and Delegated Regulation (EU) 2016/1237 shall apply, save as provided for in Article 2(4) of this Regulation.

Article 2 Applications for import licences

1.

Applications for import licences shall be submitted to the competent authorities of the Member States within the first seven calendar days of each month during the tariff quota period, except for December where no applications shall be submitted. Applications for import licences that are valid from 1 January shall be submitted between 23 and 30 November of the preceding year. Each import licence application shall refer to a single order number and a single CN code. The description of the products and their CN code shall be referred to in sections 15 and 16, respectively, of the licence application.

2.

Each import licence application shall indicate a quantity in product weight specified for the order number referred to in the first subparagraph of Article 1(1). This shall be expressed in kilograms rounded down to the nearest unit for the CN code.

3.

Section 8 of the import licence application shall contain the name ‘Viet Nam’ or ‘Viet-Nam’ or ‘Vietnam’ and the ‘Yes’ box shall be marked with a cross. The licences are valid solely for products originating in Vietnam. A proof of origin as defined by Article 15(2) of Protocol 1 to the Agreement shall be presented for the release into free circulation.

4.

By way of derogation from Article 6(1) of Regulation (EC) No 1301/2006, applicants may submit up to one import licence application per month for the same quota order number.

5.

A security of EUR 30 per tonne shall be lodged at the time of submission of an import licence application.

Article 3 Allocation coefficient and issue of import licence

1.

Import licences shall be issued for the quantity in product weight for each order number referred to in the first subparagraph of Article 1(1), subject to paragraphs 2 and 3 of this Article.

2.

Where the information notified by the Member States pursuant to Article 7 indicates that the quantities covered by licence applications exceed the quantities available for the import tariff quota sub-period, the Commission shall fix an allocation coefficient, in accordance with Article 7(2) of Regulation (EC) No 1301/2006. For this purpose, the Commission shall transform the quantities in product weight notified by the Member States in quantities in the type of equivalent specified for each order number referred to in the first subparagraph of Article 1(1) of this Regulation.

The allocation coefficient shall be made public, via an appropriate web-publication, at the latest on the 22nd day of each month. At the same time, the Commission shall make public the quantities available in respect of the following sub-period. Where the application was lodged between 23 and 30 November, the allocation coefficient shall be made public no later than on 14 December.

3.

Import licences shall be issued for the quantities in product weight for each order number referred to in the first subparagraph of Article 1(1) calculated multiplying the quantities in import licence applications by the allocation coefficient. The quantity resulting from the application of the allocation coefficient shall be rounded down to the nearest unit.

4.

Import licences shall be issued after the Commission makes public the allocation coefficient and before the end of the month.

5.

Import licences that are valid from 1 January shall be issued in the period between 15 and 31 December of the preceding year.

Article 4 Validity of import licences

1.

Import licences shall be valid:

  1. from the first calendar day of the month following the submission of the application in case of applications submitted during the tariff quota period;

  2. from 1 January of the following year in case of applications submitted between the 23 and 30 November of the preceding year.

2.

The tariff quota volumes are divided into sub-periods, and licences issued each month are valid four months, but shall expire not later than the end of the tariff quota period.

3.

If the period of validity of an import licence for tariff quotas referred to in Article 1(1) is extended due to force majeure as provided for in Article 16 of Commission Implementing Regulation (EU) 2016/1239(12), the extension shall not exceed the tariff quota period.

Article 5 Authenticity certificate

Article 6 Proof of origin

Article 7 Notifications of quantities to the Commission

Article 8 Entry into force and application

ANNEX I

ANNEX II

ANNEX III