Home Europe European Commission Commission Implementing Regulation (EU) 2019/260 of 14 Febru...
Date: 2019-02-15 Category: Not Applicable State: Union Government Country: Europe

Commission Implementing Regulation (EU) 2019/260 of 14 February 2019 amending Implementing Regulation (EU) No 180/2014 as regards the volumes of traditional trade flows between certain outermost regions of the Union and the United Kingdom

Issued by European Commission · Directorate-General for Agriculture and Rural Development

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Executive Summary & Key Takeaways

**Executive Summary:** Commission Implementing Regulation (EU) 2019/260 amends Implementing Regulation (EU) No 180/2014 to adjust trade volumes between certain outermost regions of the Union and the United Kingdom following the UK's intention to withdraw from the EU. The regulation modifies Annexes III, IV, and VI of Implementing Regulation (EU) No 180/2014, and it takes effect the day after Implementing Regulation (EU) No 180/2014 ceases to apply to the United Kingdom. **Key Points / Main Content:** * **Amendment of Implementing Regulation (EU) No 180/2014:** * The regulation amends Implementing Regulation (EU) No 180/2014 concerning specific measures for agriculture in the outermost regions of the Union. * **Adjustments to Annexes:** * Annex III is amended to adjust the table for Madeira, modifying rows related to headings 1905 and 2009 and subheadings 2202 10, 2202 90, and 2208. * Annex IV is amended to replace the row relating to subheading 1704 90. * Annex VI is amended to include the United Kingdom in the list of third countries to which processed products are exported from the Azores and Madeira in the context of regional trade. * **Entry into Force and Application:** * The regulation enters into force on the third day following its publication in the Official Journal of the European Union. * It applies from the day following that on which Implementing Regulation (EU) No 180/2014 ceases to apply to and in the United Kingdom. **Impact Analysis:** **Operators exporting/dispatching processed products:** * *Impact:* Operators exporting or dispatching processed products containing raw materials that have benefited from specific supply arrangements, particularly from Madeira and the Canary Islands, are impacted by the revised volumes and destinations outlined in the amended annexes. * *Action Required:* Operators need to review the updated Annexes III, IV, and VI of Implementing Regulation (EU) No 180/2014 to understand the revised volumes and the inclusion of the United Kingdom as a third country for export purposes and adjust their export/dispatch activities accordingly. **Authorities in Madeira and the Canary Islands:** * *Impact:* The authorities in Madeira and the Canary Islands are affected by the changes in export volumes of processed products to the United Kingdom. * *Action Required:* The authorities need to take into account the updated regulations and ensure compliance. **European Commission:** * *Impact:* The European Commission is responsible for implementing and monitoring the updated regulation. * *Action Required:* The European Commission needs to ensure that the amended regulations are effectively applied and monitored across all Member States.

Key Entities Referenced

European Union: A political and economic union of member states located primarily in Europe. United Kingdom: A country in Europe that was formerly a member state of the European Union, now considered a third country in the context of trade flows. European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU. Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, outlining the scope of the Union's powers. Regulation EU No 228/2013: A regulation of the European Parliament and of the Council laying down specific measures for agriculture in the outermost regions of the Union. Commission Implementing Regulation EU No 180/2014: A regulation laying down rules for the application of Regulation EU No 228/2013 of the European Parliament and of the Council laying down specific measures for agriculture in the outermost regions of the Union Madeira: An autonomous region of Portugal, and one of the outermost regions of the European Union. Canary Islands: A Spanish archipelago and the one of the outermost regions of the European Union.
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15.2.2019 EN Official Journal of the European Union L 44/1 II (Non-legislative acts) REGULATIONS COMMISSION IMPLEMENTING REGULATION (EU) 2019/260 of 14 February 2019 amending Implementing Regulation (EU) No 180/2014 as regards the volumes of traditional trade flows between certain outermost regions of the Union and the United Kingdom THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 (1), and in particular Article 14 thereof, Whereas: (1) On 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. The Treaties will cease to apply to the United Kingdom from the date of entry into force of a withdrawal agreement or failing that, two years after that notification, i.e. from 30 March 2019, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that period. (2) The withdrawal agreement as agreed between the negotiators contains arrangements for the application of provisions of Union law to and in the United Kingdom beyond the date the Treaties cease to apply to and in the United Kingdom. If that agreement enters into force, Commission Implementing Regulation (EU) No 180/2014 (2) will apply to and in the United Kingdom during the transition period in accordance with that agreement and will cease to apply at the end of that period. (3) Article 15(1) of Implementing Regulation (EU) No 180/2014 provides for the possibility for operators to export, in the context of traditional trade flows or regional trade, and to dispatch, in the context of traditional trade flows, processed products containing raw materials which have benefited from specific supply arrangements as referred to in Article 10 of Regulation (EU) No 228/2013. Processors intending to export or dispatch those products in that context may do so within the limits of the annual quantities set out in Annexes II to V to Implementing Regulation (EU) No 180/2014. The list of third countries to which those products can be exported is set out in Annex VI to that Regulation. (4) In order to avoid potential disruption of traditional trade flows between the outermost regions concerned and the United Kingdom, the volumes of the relevant processed products that are currently dispatched from Madeira and the Canary Islands to the United Kingdom as a Member State should be expressed as exports to third countries in Annexes III and IV to Implementing Regulation (EU) No 180/2014. In addition, the United Kingdom should be referred to as a third country in Annex VI to that Regulation. (5) Implementing Regulation (EU) No 180/2014 should therefore be amended accordingly. (1) OJ L 78, 20.3.2013, p. 23. (2) Commission Implementing Regulation (EU) No 180/2014 of 20 February 2014 laying down rules for the application of Regulation (EU) No 228/2013 of the European Parliament and of the Council laying down specific measures for agriculture in the outermost regions of the Union (OJ L 63, 4.3.2014, p. 13).L 44/2 EN Official Journal of the European Union 15.2.2019 (6) In accordance with Article 4(3) of Council Regulation (EEC, Euratom) No 1182/71 (1), the cessation of application of acts fixed at a given date occurs on the expiry of the last hour of the day falling on that date. This Regulation should therefore apply from the day following that on which Implementing Regulation (EU) No 180/2014 ceases to apply to and in the United Kingdom. (7) The measures provided for in this Regulation are in accordance with the opinion of the Committee for Direct Payments, HAS ADOPTED THIS REGULATION: Article 1 Annexes III, IV and VI to Implementing Regulation (EU) No 180/2014 are amended in accordance with the Annex to this Regulation. Article 2 This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union. It shall apply from the day following that on which Implementing Regulation (EU) No 180/2014 ceases to apply to and in the United Kingdom. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 February 2019. For the Commission The President Jean-Claude JUNCKER (1) Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits (OJ L 124, 8.6.1971, p. 1).15.2.2019 EN Official Journal of the European Union L 44/3 ANNEX Annexes III, IV and VI to Implementing Regulation (EU) No 180/2014 are amended as follows: (1) in Annex III, the table for Madeira is amended as follows: (a) the rows relating to headings 1905 and 2009 and subheadings 2202 10 and 2202 90 are replaced by the following: ‘1905 116 100 400 2009 *13 480 *20 2202 10 752 100 42 900’ 2202 90 (b) the row relating to heading 2208 is replaced by the following: ‘2208 *24 800 *31 200’ (2) in the table in Annex IV the row relating to subheading 1704 90 is replaced by the following: ‘1704 90 417 500 229 000’ (3) in Annex VI, the text concerning the Azores and Madeira is replaced by the following: ‘Third countries to which processed products are exported from the Azores and Madeira in the context of regional trade Angola, Canada, Cape Verde, Guinea-Bissau, Morocco, Mozambique, South Africa, United Kingdom, United States of America and Venezuela’.

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