Date: 24-Apr-2024Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Delegated Regulation (EU) 2024/1173 of 13 March 2024 amending Delegated Regulation (EU) 2020/760 as regards some provisions following the free trade agreement between the European Union and New Zealand and deletion of obsolete provisions as regards export tariff quota for milk powder
Issued by European Commission
· Directorate-General for Agriculture and Rural Development
Commission Delegated Regulation (EU) 2024/1173 amends Delegated Regulation (EU) 2020/760. The amendment addresses provisions related to the Free Trade Agreement between the European Union and New Zealand and removes obsolete provisions concerning the export tariff quota for milk powder.
Key Changes
Deletion of provisions related to the export tariff quota for milk powder opened by the Dominican Republic. This quota was previously removed from Commission Implementing Regulation (EU) 2020/761 by Commission Implementing Regulation (EU) 2023/953.
Amendment of tariff quotas with order numbers 09.4182 and 09.4195 to reflect the Free Trade Agreement between the European Union and New Zealand.
Introduction of a certificate of eligibility to be issued by New Zealand as part of the import tariff quota administration.
Article 4, point (c) of Delegated Regulation (EU) 2020/760 is deleted.
Article 8(2), points (c), (e) and (f) of Delegated Regulation (EU) 2020/760 are deleted.
Article 17, point (g) of Delegated Regulation (EU) 2020/760 is replaced with a revised point (g) that includes reference to the certificate of eligibility referred to in Annex XIV to Implementing Regulation (EU) 2020/761.
Impact Analysis
Importers and Exporters
Action Item: Update internal compliance procedures to reflect the new certificate of eligibility requirements for EU-New Zealand trade. Discontinue any processes related to the Dominican Republic milk powder export quota.
EU Member States
Action Item: Update national systems for managing tariff quotas to align with the amended regulations. Communicate the changes to relevant stakeholders within the Member State.
European Commission
Action Item: Monitor the implementation of the amended regulation and provide guidance to Member States as needed.
Key Entities Referenced
European Commission: The executive branch of the European Union, responsible for proposing legislation, implementing decisions, and managing the day-to-day business of the EU.
Regulation (EU) No 1308/2013: Regulation of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products.
Delegated Regulation (EU) 2020/760: Commission Delegated Regulation supplementing Regulation (EU) No 1308/2013 as regards the rules for the administration of import and export tariff quotas for agricultural products subject to licences.
Implementing Regulation (EU) 2020/761: Commission Implementing Regulation laying down rules for the application of Regulations (EU) No 1306/2013, (EU) No 1308/2013 and (EU) No 510/2014 as regards the management system of tariff quotas with licences.
Implementing Regulation (EU) 2023/953: Commission Implementing Regulation amending Implementing Regulation (EU) 2020/761 as regards the rules governing the tariff rate quota for export of milk powder to the Dominican Republic.
Council Decision (EU) 2024/244: Council Decision on the conclusion of the Free Trade Agreement between the European Union and New Zealand.
New Zealand: A country with a Free Trade Agreement with the European Union, now issuing certificates of eligibility for specific tariff quotas.
Dominican Republic: A country formerly associated with an EU export tariff quota for milk powder, which has now been removed.
Official Journal EN
of the European Union L series
2024/1173 24.4.2024
COMMISSION DELEGATED REGULATION (EU) 2024/1173
of 13 March 2024
amending Delegated Regulation (EU) 2020/760 as regards some provisions following the free trade
agreement between the European Union and New Zealand and deletion of obsolete provisions as
regards export tariff quota for milk powder
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 Article 186 thereof,
Whereas:
(1) Commission Delegated Regulation (EU) 2020/760(2) supplements Regulation (EU) No 1308/2013 as regards the
rules for the administration of import and export tariff quotas for agricultural products subject to licences.
(2) Delegated Regulation (EU) 2020/760 contains provisions as regards export tariff quota for milk powder opened by
the Dominican Republic. That export quota has been removed from Commission Implementing Regulation
(EU) 2020/761(3) by Commission Implementing Regulation (EU) 2023/953(4). Therefore, the provisions on that
export quota in Regulation (EU) 2020/760 should be deleted.
(3) In accordance with Council Decision (EU) 2024/244(5), the Free Trade Agreement between the European Union and
New Zealand (‘the Agreement’) was concluded on 27 November 2023.
(4) The Agreement amends the tariff quotas with order numbers 09.4182 and 09.4195 and introduces a certificate of
eligibility to be issued by New Zealand. Those changes should be reflected in Delegated Regulation (EU) 2020/760.
(5) Delegated Regulation (EU) 2020/760 should therefore be amended accordingly,
(1) OJ L 347, 20.12.2013, p. 671, ELI: http://data.europa.eu/eli/reg/2013/1308/oj.
(2) Commission Delegated Regulation (EU) 2020/760 of 17 December 2019 supplementing Regulation (EU) No 1308/2013 of the
European Parliament and of the Council as regards the rules for the administration of import and export tariff quotas subject to
licences and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the lodging of
securities in the administration of tariff quotas (OJ L 185, 12.6.2020, p. 1, ELI: http://data.europa.eu/eli/reg_del/2020/760/oj).
(3) Commission Implementing Regulation (EU) 2020/761 of 17 December 2019 laying down rules for the application of Regulations (EU)
No 1306/2013, (EU) No 1308/2013 and (EU) No 510/2014 of the European Parliament and of the Council as regards the
management system of tariff quotas with licences (OJ L 185, 12.6.2020, p. 24, ELI: http://data.europa.eu/eli/regimpl/2020/761/oj).
(4) Commission Implementing Regulation (EU) 2023/953 of 12 May 2023 amending Implementing Regulation (EU) 2020/761 as regards
the rules governing the tariff rate quota for export of milk powder to the Dominican Republic (OJ L 128, 15.5.2023, p. 81, ELI:
http://data.europa.eu/eli/reg_impl/2023/953/oj).
(5) Council Decision (EU) 2024/244 of 27 November 2023 on the conclusion, on behalf of the Union, of the Free Trade Agreement
between the European Union and New Zealand (OJ L, 2024/244, 28.2.2024, ELI: http://data.europa.eu/eli/dec/2024/244/oj).
ELI: http://data.europa.eu/eli/reg_del/2024/1173/oj 1/2EN
OJ L, 24.4.2024
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Delegated Regulation (EU) 2020/760
Delegated Regulation (EU) 2020/760 is amended as follows:
(1) in Article 4, point (c) is deleted;
(2) in Article 8(2), points (c), (e) and (f) are deleted;
(3) in Article 17, point (g) is replaced by the following:
‘(g) for import tariff quotas administered with documents issued by third countries, for each certificate of
authenticity, Inward Monitoring Arrangement (“IMA 1”) certificate, or certificate of eligibility referred to in
Annex XIV to Implementing Regulation (EU) 2020/761 lodged by an operator, the number of the
corresponding licence issued and the quantities covered.’.
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.
It shall apply from 1 May 2024.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 March 2024.
For the Commission
The President
Ursula VON DER LEYEN
2/2 ELI: http://data.europa.eu/eli/reg_del/2024/1173/oj