Date: 2021-02-19Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2021/254 of 18 February 2021 amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 and Regulations (EC) No 218/2007 and (EC) No 1518/2007 as regards imports of products originating in the United Kingdom and excluding those products from the tariff quotas with ongoing quota periods
Issued by European Commission
· Directorate-General for Agriculture and Rural Development
Executive Summary:
This regulation amends Implementing Regulations EU 2020/761, EU 2020/1988 and Regulations EC No 218/2007 and EC No 1518/2007 to exclude products originating in the United Kingdom from existing tariff quotas, aligning with the Trade and Cooperation Agreement between the EU and the UK. It applies retroactively from January 1, 2021, and entered into force on February 19, 2021. The regulation ensures that the UK products do not benefit from the EU's WTO tariff quotas.
Key Points / Main Content:
Amendments to Implementing Regulation EU 2020/761:
Annex II:
Origin boxes for TRQs 09.4131, 09.4133, 09.4120, 09.4121, and 09.4122 are replaced to exclude the United Kingdom.
Origin box for TRQ 09.4125 is replaced to exclude the United Kingdom, the United States of America and Canada.
Annex III:
Origin boxes for TRQs 09.4138, 09.4148, 09.4166, and 09.4168 are replaced to exclude the United Kingdom.
Origin box for TRQ 09.4119 is replaced to exclude the United Kingdom, India, Pakistan, Thailand and the United States of America.
Origin box for TRQ 09.4130 is replaced to exclude the United Kingdom, Australia, Thailand and the United States of America.
Origin box for TRQ 09.4154 is replaced to exclude the United Kingdom, Australia, Guyana, Thailand and the United States of America.
Annex IV: Origin box for TRQ 09.4320 is replaced to exclude the United Kingdom.
Annex VI: Origin box for TRQ 09.4287 is replaced to exclude the United Kingdom, China and Argentina.
Annex VII: Origin box for TRQ 09.4286 is replaced to exclude the United Kingdom and China.
Annex VIII: Origin box for TRQ 09.4003 is replaced to exclude the United Kingdom.
Annex IX: Origin box for TRQ 09.4595 is replaced to exclude the United Kingdom.
Annex X: Origin box for TRQ 09.4038 is replaced to exclude the United Kingdom.
Annex XI: Origin boxes for TRQs 09.4401 and 09.4402 are replaced to exclude the United Kingdom.
Annex XII:
Origin boxes for TRQs 09.4067, 09.4068, 09.4069, 09.4070, and 09.4422 are replaced to exclude the United Kingdom.
Origin and specific entries for TRQs 09.4213, 09.4216, 09.4260, and 09.4412 are amended to exclude the United Kingdom, Brazil and Thailand, requiring a statement in Section 24 of licences.
Origin and specific entries for TRQ 09.4218 are amended to exclude the United Kingdom and Brazil, requiring a statement in Section 24 of licences.
Origin and specific entries for TRQs 09.4263, 09.4264, and 09.4265 are amended to exclude the United Kingdom and Thailand, requiring a statement in Section 24 of licences.
Amendments to Implementing Regulation EU 2020/1988:
Annex I:
Origin boxes for multiple TRQs are replaced to exclude the United Kingdom (see full list in original document).
Origin box for TRQ 09.0128 is replaced to exclude the United Kingdom, China, Thailand and Indonesia.
Origin box for TRQ 09.0131 is replaced to exclude the United Kingdom and China.
Origin box for TRQ 09.0142 is replaced to exclude the United Kingdom and Argentina.
Origin boxes for TRQs 09.2171, 09.2175, and 09.2015 are replaced to exclude the United Kingdom, Argentina, Australia, New Zealand, Uruguay, Chile, Greenland and Iceland.
Origin boxes for TRQs 09.0156 and 09.0158 are replaced to exclude the United Kingdom and Brazil.
Origin box for TRQ 09.0157 is replaced to exclude the United Kingdom, Brazil and Thailand.
Amendments to Regulation EC No 218/2007:
Article 1 is amended to replace "erga omnes" with "all third countries except the United Kingdom" in points a and b.
Amendment to Regulation EC No 1518/2007:
In Article 1, "erga omnes" is replaced with "all third countries except the United Kingdom."
Tariff Quotas with Ongoing Quota Periods:
As of January 1, 2021, licenses will not be issued for products originating in the United Kingdom under tariff quotas with ongoing quota periods.
Products originating in the United Kingdom shall not enter under the tariff quotas referred to in Article 2 as of January 1, 2021.
Securities for imports from the United Kingdom under licenses issued before January 1, 2021, for quota periods ongoing on that date, will be released upon request, provided that Member States do not release them for free circulation.
Impact Analysis:
EU Importers:
Impact: Cannot import products originating in the UK under existing WTO tariff quotas.
Action Required: Need to ensure that imports from the UK are not claimed under these quotas. Must request release of securities lodged for licenses issued before January 1, 2021, if goods are not released for free circulation.
EU Exporters:
Impact: May face increased competition in the UK market due to duty-free and quota-free access for UK products in the EU.
Action Required: Monitor market conditions and adjust export strategies accordingly.
UK Producers/Exporters:
Impact: Products no longer eligible for import into the EU under existing WTO tariff quotas.
Action Required: Must ensure exports to the EU comply with the Trade and Cooperation Agreement to benefit from duty-free and quota-free access.
EU Member States Customs Authorities:
Impact: Need to enforce the exclusion of UK products from the specified tariff quotas.
Action Required: Implement the amended regulations and ensure compliance at the point of import. Release securities as requested for relevant licenses issued before January 1, 2021.
European Commission:
Impact: Oversee the implementation and enforcement of the regulation.
Action Required: Monitor trade flows and ensure compliance with the Trade and Cooperation Agreement.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe. This regulation concerns trade agreements involving the European Union.
United Kingdom of Great Britain and Northern Ireland: A sovereign country located off the north-western coast of continental Europe. This regulation excludes products originating from the United Kingdom from certain tariff quotas.
Commission Implementing Regulation EU 2021/254: A European Union regulation amending existing implementing regulations regarding imports of products, specifically excluding those originating in the United Kingdom from tariff quotas.
Commission Implementing Regulation EU 2020/761: A European Union regulation that lays down rules for the management of import and export tariff quotas for agricultural products.
Commission Implementing Regulation EU 2020/1988: A European Union regulation laying down the rules for the application of Regulation EU No 1308/2013 regarding the administration of import tariff quotas.
Commission Regulation EC No 218/2007: A European Commission regulation that opens and provides for the administration of some tariff quotas for wine.
Commission Regulation EC No 1518/2007: A European Commission regulation that opens and provides for the administration of a tariff quota for vermouth.
World Trade Organization (WTO): An intergovernmental organization that regulates international trade. The regulation references existing WTO tariff quotas and agreements.
19.2.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 58/17
COMMISSION IMPLEMENTING REGULATION (EU) 2021/254
of 18 February 2021
amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 and Regulations (EC)
No 218/2007 and (EC) No 1518/2007 as regards imports of products originating in the United
Kingdom and excluding those products from the tariff quotas with ongoing quota periods
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 187 thereof,
Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on
the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC)
No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008(2), and in
particular Article 66(4) thereof,
Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying
down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and
repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009(3), and in particular points (a) to (d) of the first
paragraph of Article 9 and point (a) of the first subparagraph of Article 16(1) thereof,
Whereas:
(1) Commission Implementing Regulation (EU) 2020/761(4) lays down the rules for the management of import and
export tariff quotas for agricultural products managed by a system of import and export licences and replaces and
repeals a certain number of acts that have opened these quotas and provides for specific rules.
(2) Commission Implementing Regulation (EU) 2020/1988(5) lays down the rules for the application of Regulation
(EU) No 1308/2013 as regards the rules for the administration of import tariff quotas designed to be used following
the chronological order of dates of acceptance of customs declarations (‘first come, first served’ principle).
(3) Commission Regulation (EC) No 218/2007(6) opens and provides for the administration of some tariff quotas for
wine.
(4) Commission Regulation (EC) No 1518/2007(7) opens and provides for the administration of a tariff quota for
vermouth.
(1) OJ L 347, 20.12.2013, p. 671.
(2) OJ L 347, 20.12.2013, p. 549.
(3) OJ L 150, 20.5.2014, p. 1.
(4) 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).
(5) 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 (OJ L 422, 14.12.2020, p. 4).
(6) Commission Regulation (EC) No 218/2007 of 28 February 2007 opening and providing for the administration of Community tariff
quotas for wines (OJ L 62, 1.3.2007, p. 22).
(7) Commission Regulation (EC) No 1518/2007 of 19 December 2007 opening and providing for the administration of a tariff quota for
vermouth (OJ L 335, 20.12.2007, p. 14).L 58/18 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 19.2.2021
(5) The Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community,
of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (hereafter ‘the
Agreement’)(8) provides that products originating in the United Kingdom are not eligible to be imported into the
Union under existing WTO tariff quotas as defined in Article GOODS.18 of the Agreement. That Article refers to
tariff quotas apportioned between the Parties pursuant to Article XXVIII GATT negotiations initiated by the Union
in WTO document G/SECRET/42/Add.2(9) and by the United Kingdom in WTO document G/SECRET/44(10) and
as set out in each Party’s respective internal legislation. That Article provides that the originating status of the
products is to be determined on the basis of non-preferential rules of origin applicable in the importing Party.
(6) The existing WTO tariff quotas as defined in Article GOODS.18 of the Agreement refer to WTO concessions of the
Union included in the draft EU28 schedule of concessions and commitments under GATT 1994 submitted to the
WTO in document G/MA/TAR/RS/506(11) as amended by documents G/MA/TAR/RS/506/Add.1 and G/MA/TAR/
RS/506/Add.2(12).
(7) Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 and Regulations (EC) No 218/2007 and (EC)
No 1518/2007 should therefore be amended to comply with Article GOOD.18 of the Agreement in order to
exclude products originating in the United Kingdom from existing WTO tariff quotas.
(8) As Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 apply only to tariff quotas with quota periods
starting from 1 January 2021, the United Kingdom should also be excluded for purposes of the same tariff quotas
whose quota periods have started before 1 January 2021 (ongoing quota periods on 1 January 2021) and for which
imports occur as of 1 January 2021. Licences already issued are not needed for the import of products originating in
the United Kingdom due to the possibility to import duty-free and quota-free under the Agreement. In case such
licences have been issued before 1 January 2021, the relevant securities lodged should be released at the request of
the operators concerned. As of 1 January 2021, licences for those tariff quotas should not be issued for products
originating in the United Kingdom.
(9) In order to ensure the conformity with Article GOODS.18 of the Agreement, this Regulation should enter into force
as a matter of urgency on the day of its publication in the Official Journal of the European Union and apply as of
1 January 2021.
(10) The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common
Organisation of the Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Implementing Regulation (EU) 2020/761
Implementing Regulation (EU) 2020/761 is amended as follows:
(1) Annex II is amended as follows:
(a) the box ‘Origin’ of the tables referring to TRQs with order numbers 09.4131, 09.4133, 09.4120, 09.4121
and 09.4122 is replaced by the following:
‘Origin All third countries except the United Kingdom’
(b) the box ‘Origin’ of the table referring to TRQ with order number 09.4125 is replaced by the following:
‘Origin All third countries except the United States of America, Canada and the
United Kingdom’
(8) OJ L 444, 31.12.2020, p. 14.
(9) https://docs.wto.org
(10) https://docs.wto.org
(11) https://docs.wto.org
(12) https://docs.wto.org19.2.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 58/19
(2) Annex III is amended as follows:
(a) the box ‘Origin’ of the tables referring to TRQs with order numbers 09.4138, 09.4148, 09.4166 and 09.4168 is
replaced by the following:
‘Origin All third countries except the United Kingdom’
(b) the box ‘Origin’ of the table referring to TRQ with order number 09.4119 is replaced by the following:
‘Origin All third countries except India, Pakistan, Thailand, United States of
America, and the United Kingdom’
(c) the box ‘Origin’ of the table referring to TRQ with order number 09.4130 is replaced by the following:
‘Origin All third countries except Australia, Thailand, United States of America,
and the United Kingdom’
(d) the box ‘Origin’ of the table referring to TRQ with order number 09.4154 is replaced by the following:
‘Origin All third countries except Australia, Guyana, Thailand, United States of
America, and the United Kingdom’
(3) in Annex IV, the box ‘Origin’ of the table referring to TRQ with order number 09.4320 is replaced by the following:
‘Origin All third countries except the United Kingdom’
(4) in Annex VI, the box ‘Origin’ of the table referring to TRQ with order number 09.4287 is replaced by the following:
‘Origin All third countries except China, Argentina and the United Kingdom’
(5) in Annex VII, the box ‘Origin’ of the table referring to TRQ with order number 09.4286 is replaced by the following:
‘Origin All third countries except China and the United Kingdom’
(6) in Annex VIII, the box ‘Origin’ of the table referring to TRQ with order number 09.4003 is replaced by the following:
‘Origin All third countries except the United Kingdom’
(7) in Annex IX, the box ‘Origin’ of the table referring to TRQ with order number 09.4595 is replaced by the following:
‘Origin All third countries except the United Kingdom’L 58/20 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 19.2.2021
(8) in Annex X, the box ‘Origin’ of the table referring to TRQ with order number 09.4038 is replaced by the following:
‘Origin All third countries except the United Kingdom’
(9) in Annex XI, the box ‘Origin’ of the tables referring to TRQs with order numbers 09.4401 and 09.4402 is replaced by
the following:
‘Origin All third countries except the United Kingdom’
(10) Annex XII is amended as follows:
(a) the box ‘Origin’ of the tables referring to TRQs with order numbers 09.4067, 09.4068, 09.4069, 09.4070
and 09.4422 is replaced by the following:
‘Origin All third countries except the United Kingdom’
(b) the tables referring to TRQs with order numbers 09.4213, 09.4216, 09.4260 and 09.4412 are amended as
follows:
(i) the box ‘Origin’ is replaced by the following:
‘Origin All third countries except Brazil, Thailand and the United Kingdom’
(ii) the box ‘Specific entries to be made on the licence application and on the licence’ is replaced by the following:
‘Specific entries to be made on the Licences shall contain in Section 24 the statement “Not to be used for
licence application and on the products originating in Brazil, Thailand and the United Kingdom”’
licence
(c) the table referring to TRQ with order number 09.4218 is amended as follows:
(i) the box ‘Origin’ is replaced by the following:
‘Origin All third countries except Brazil and the United Kingdom’
(ii) the box ‘Specific entries to be made on the licence application and on the licence’ is replaced by the following:
‘Specific entries to be made on the Licences shall contain in Section 24 the statement “Not to be used for
licence application and on the products originating in Brazil and the United Kingdom”’
licence
(d) the tables referring to TRQs with order numbers 09.4263, 09.4264 and 09.4265 are amended as follows:
(i) the box ‘Origin’ is replaced by the following:
‘Origin All third countries except Thailand and the United Kingdom’19.2.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 58/21
(ii) the box ‘Specific entries to be made on the licence application and on the licence’ is replaced by the following:
‘Specific entries to be made on the Licences shall contain in Section 24 the statement “Not to be used for
licence application and on the products originating in Thailand and the United Kingdom”’
licence
Article 2
Amendments to Implementing Regulation (EU) 2020/1988
Annex I to Implementing Regulation (EU) 2020/1988 is amended as follows:
(1) the box ‘Origin’ of the tables referring to TRQs with order numbers 09.0138, 09.0132, 09.0135, 09.2903, 09.2905,
09.0071, 09.0072, 09.0073, 09.0074, 09.0075, 09.0076, 09.0089, 09.0070, 09.0043, 09.0083, 09.0139,,
09.0056, 09.0057, 09.0041, 09.0039, 09.0058, 09.0094, 09.0059, 09.0060, 09.0061, 09.0062, 09.0063,
09.0040, 09.0025, 09.0027, 09.0033, 09.0092, 09.0093, 09.0035, 09.0144, 09.0161 (sub-tariff quota of 09.0144),
09.0162 (sub-tariff quota of 09.0144), 09.0145, 09.0163 (sub-tariff quota of 09.0145), 09.0164 (sub-tariff quota of
09.0145), 09.0113, 09.0114, 09.0115, 09.0147, 09.0148, 09.0149, 09.0150, 09.0151, 09.0152, 09.0153,
09.0159 (sub-tariff quota of 09.0153), 09.0160 (sub-tariff quota of 09.0153), 09.0118, 09.0119, 09.0120, 09.0121,
09.0122, 09.0123, 09.2178, 09.2179, 09.2016, 09.2181, 09.2019, 09.0154 and 09.0055 is replaced by the
following:
‘Origin All third countries except the United Kingdom’
(2) the box ‘Origin’ of the table referring to TRQ with order number 09.0128 is replaced by the following:
‘Origin Third countries which are members of the WTO except China, Thailand,
Indonesia and the United Kingdom’
(3) the box ‘Origin’ of the table referring to TRQs with order number 09.0131 is replaced by the following:
‘Origin All third countries except China and the United Kingdom’
(4) the box ‘Origin’ of the table referring to TRQs with order number 09.0142 is replaced by the following:
‘Origin All third countries except Argentina and the United Kingdom’
(5) the box ‘Origin’ of the tables referring to TRQs with order numbers 09.2171, 09.2175 and 09.2015 is replaced by the
following:
‘Origin All WTO members except Argentina, Australia, New Zealand, Uruguay, Chile,
Greenland, Iceland and the United Kingdom’
(6) the box ‘Origin’ of the tables referring to TRQs with order numbers 09.0156 and 09.0158 is replaced by the following:
‘Origin All third countries except Brazil and the United Kingdom’L 58/22 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 19.2.2021
(7) the box ‘Origin’ of the table referring to TRQs with order number 09.0157 is replaced by the following:
‘Origin All third countries except Brazil, Thailand and the United Kingdom’
Article 3
Amendments to Regulation (EC) No 218/2007
Article 1 of Regulation (EC) No 218/2007 is amended as follows:
(1) in point (a), the words ‘(erga omnes)’ are replaced by the words ‘(all third countries except the United Kingdom)’;
(2) in point (b), the words ‘(erga omnes)’ are replaced by the words ‘(all third countries except the United Kingdom)’.
Article 4
Amendment to Regulation (EC) No 1518/2007
In Article 1 of Regulation (EC) No 1518/2007, the words ‘(erga omnes)’ are replaced by the words ‘(all third countries except
the United Kingdom)’.
Article 5
Tariff quotas with ongoing quota periods
1. As of 1 January 2021, licences shall not be issued for products originating in the United Kingdom under the tariff
quotas referred to in Article 1 whose quota period is ongoing on 1 January 2021. As of the same date, products
originating in the United Kingdom shall not enter under the tariff quotas referred to in Article 2.
2. As regards imports into the Union from the United Kingdom on the basis of licenses under the tariff quotas referred
to in Article 1 issued before 1 January 2021 that include the United Kingdom as a country of origin and whose quota
period is ongoing on 1 January 2021 and which Member States do not place under release for free circulation in
accordance with the Agreement, the respective securities lodged shall be released at the request of the operators concerned.
Article 6
Entry into force and application
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 February 2021.
For the Commission
The President
Ursula VON DER LEYEN