Commission Delegated Regulation (EU) No. 2023/735 of 30 January 2023

Notifying member
European Union
Title
Commission Delegated Regulation (EU) No. 2023/735 of 30 January 2023
First published
12/06/2020
First EIF
08/04/2023
Latest published
In force to
Latest notification
G/LIC/N/2/EU/24
Product categories
List of products subject to licensing
Nature of licensing

Non-automatic

Administrative purpose/measure being implemented
Administrative body(ies) for submission of applications
Contact point for information on eligibility

Same as the "Administrative bodies"

Expected duration of licensing procedure
Found by secretariat
No
Related document symbols
  • G/LIC/N/2/EU/13
  • G/LIC/N/2/EU/15
  • G/LIC/N/2/EU/21
  • G/LIC/N/2/EU/22
  • G/LIC/N/2/EU/1
Notes
  • 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.


  • G/LIC/N/2/EU/13


    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.


    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.


    These Regulations entered into force on 19/06/2020. The Regulations will be applied to the tariff quota periods starting from 1 January 2021 onwards.


    Modification of specific details in existing procedures: Product coverage; Administrative purpose; Duration of licensing; Eligibility of applicants; Documentation requirements (including application form); Period for Application; Processing time for issuing licence; Deposit/advance payment and relevant conditions; Validity of licence; Other conditions of licence (extension, transferability, penalty of non-use etc.)


    Specific rules on agricultural tariff rate quotas managed by licenses were laid down in more than 30 Commission Regulations.


    These 2 new Regulations unify and simplify these rules in a single delegated and implementing act. Common horizontal rules will be applied on the majority of tariff quotas on agricultural products (meat (beef, swine, poultry) and processed meat (swine, poultry), milk and milk products, butter, cheese, eggs and egg albumin, cereals (wheat, barley, maize, sorghum), rice, sugar, garlic, olive oil, preserved mushrooms). Specific provisions are kept when required by international agreements or by certain specificities of the product/quota.


    In particular, the Regulations lay down rules that:



    • Set a series of conditions and eligibility requirements that an operator has to fulfil to submit an application for a tariff quota (e.g. for all tariff quotas an operator should be established and registered for VAT purposes in the EU; for certain tariff quotas the operator shall provide a “proof of trade”…)

    • Set horizontal administrative rules concerning the application for licences and issuing of licences (timeframe, information to be included in the licence application and in the licence, inadmissibility of an application, notifications to the operators…)

    • Set horizontal rules for the maximum quantities that can be applied for

    • Set horizontal rules on the transferability of the licences

    • Set horizontal rules on the validity of licences

    • Update the references to certain customs documents to be provided when importing, to make them in line with the recent developments in the customs legislation (e.g. certain forms needed to prove the origin of the products)

    • Set up an electronic management system for the management of Certificate of Authenticity and Inward Monitoring Certificate IMA1, which will be made available to the concerned Third countries.


    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 (0.J. L 185, 12.06.2021, p.1). It can be consulted at the following address: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32020R0760.


  • G/LIC/N/2/EU/15

    Commission Implementing Regulation (EU) 2021/760 of 7 May 2021 amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 as regards the management system of some tariff quotas with licences and repealing Implementing Regulation (EU) 2020/991
    This Regulation entered into force on 11 May 2021. Provisions on EU agricultural import tariff quota shall apply from the beginning of the ongoing tariff quota periods or as from the first licence application period following the entry into force of this Regulation.

    This regulation updates some specific provisions related to the administrative processing of licenses on the notification by the EU Member States to the European Commission, the impact of the withdrawal of the United Kingdom on certain global quotas (erga omnes).


    Essentially:

    the harmonisation of information on the indication on the licence of country of origin of goods, including on the exclusion of products originating the United Kingdom, the update of specific rules applicable to import tariff quotas managed with documents issued by the exporting countries, including certificates CA and IMA 1.


  • G/LIC/N/2/EU/21

    Commission Implementing Regulation (EU) No. 2022/739 of 13 May 2022 amending Implementing Regulation (EU) No. 2020/761 as regards the management of certain tariff quotas for importing poultry and of a tariff quota for exporting milk powder to the Dominican Republic
    Article 55 of Implementing Regulation (EU) No. 2020/761 opens a tariff quota for exports to the Dominican Republic of milk powder of EU origin. The quota is opened for all the products falling under CN codes 0402 10, 0402 21 and 0402 29. This export quota covers 13 CN codes.


    In order to facilitate these exports of milk powder to the Dominican Republic, Implementing Regulation (EU) No. 2022/739 amends the Implementing Regulation (EU) No. 2020/761, making the export licence valid for all products falling under the CN codes covered by this quota irrespectively of the CN codes explicitly mentioned in the application.


    Article 9(6) of Delegated Regulation (EU) No. 2020/760 provides that, for the groups of tariff quotas for poultry under order numbers 09.4211, 09.4212, 09.4213 and 09.4290, the reference quantity is to be calculated by cumulating the quantities of products released for free circulation in the Union, which fall within each of the quota order numbers of the group.


    In order to simplify the calculation of the reference quantity, Implementing Regulation (EU) No. 2022/739 amends the Implementing Regulation (EU) No. 2020/761, dividing the quota periods for order numbers 09.4213 and 09.4290 into the same sub-periods as those laid down for order numbers 09.4211 and 09.4212.


  • G/LIC/N/2/EU/22


    Commission Implementing Regulation (EU) No.2023/254 of 6 February 2023 amending Implementing Regulation (EU) No. 2020/761 as regards certain technical rules on the management of tariff rate quotas


    Modification of administrative purpose; deposit/advance payment and relevant conditions; and other conditions of licence


    Commission Implementing Regulation (EU) No. 2020/761 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 provides for specific rules.


    Article 6(4) of Implementing Regulation (EU) No. 2020/761 provided, that if an applicant submits more applications for a tariff quota than the maximum number set out in Article 6(3) of that Implementing Regulation, all his applications are inadmissible, and the securities lodged forfeited. To avoid excessive punishment the possibility to forfeit the security is eliminated.


    According to Article 9 of Implementing Regulation (EU) No. 2020/761, operators applying for licences for tariff rate quotas referred to in Article 4 of Commission Delegated Regulation (EU) No. 2020/760 are bound to lodge the relevant securities before the end of the application period. For licences not related to tariff quotas, instead, operators are to lodge the security on the day of application for a licence. This situation could create difficulties in the management of licences. To avoid any risks of mismanagement and abuse, national licence issuing authorities are given the possibility to set the deadline for lodging the securities for tariff quota licences.


    Due to an excessive demand for volumes under the tariff quotas with order numbers 09.4268 and 09.4269, the rules on the registration in the Licence Operator Registration and Identification electronic system (LORI) and on the reference quantity now also apply to those tariff quotas. Moreover, the rules on proof of trade now apply only if the reference quantity requirement is suspended in accordance with Article 9(9) of Delegated Regulation (EU) No. 2020/760.


    Due to difficulties with the full use of tariff quotas with order numbers 09.4225, 09.4226 and 09.4227, the requirement of a proof of trade in case of those quotas is lifted.


    For clarity reasons the templates for IMA 1 certificates set out in Annex XIV.5 to Implementing Regulation (EU) No. 2020/761, Parts A.1 and A.2, now indicate – in box 16 – the number of the tariff rate quota to which the certificate refers. Moreover, to avoid any confusion with box 4, box 3 of the template of IMA 1 certificate for tariff quotas with order numbers 09.4195 and 09.4182 set out in Annex XIV.5, Part A.2, to that Implementing Regulation contains the name of the buyer instead of the number and the date of invoice.


  • 15. In the case of 7(b), please indicate the type of new change(s)


    Modification


    Please indicate the type of new change(s)


    Documentation requirements (including application form), Deposit/advance payment and relevant conditions, Appeal regulations/procedures


    Please elaborate the changes in detail (in one of the WTO official languages)


    Commission Delegated Regulation (EU) No. 2020/760 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.


    In accordance with Article 10(2) of Delegated Regulation (EU) No. 2020/760, operators are to submit an invoice to the licence issuing authority for establishing the reference quantity. So far the reference quantity was established based on the transitional provision laid down in Article 26, first paragraph, of that Delegated Regulation, thus the provision in question was unused. As other features concerning the management of tariff rate quotas introduced by that Delegated Regulation have proven to be efficient and in order to reduce an administrative burden for the operators and for the licence issuing authorities, the obligation of the operators to submit an invoice to the licence issuing authority for establishing the reference quantity is abolished.


    Pursuant to Article 13(12) of Delegated Regulation (EU) No. 2020/760, operators notify the competent licence issuing authority of any changes affecting their Licence Operator Registration and Identification (LORI) record within 10 calendar days from the date of effectiveness of such changes. That deadline is prolonged due to the length of the implementation of such changes and the difficulties for the operators to notify them on time.


    Furthermore, the discrepancy existing in Articles 3(5) and 13(13) of Delegated Regulation (EU) No. 2020/760 between the obligation and the option as regards the prior registration of operators in case of suspension of reference quantity requirement in accordance with Article 9(9) of that Delegated Regulation is clarified.


    Article 14 of Delegated Regulation (EU) No. 2020/760 lays down rules as regards complaints for undue registration of an operator. The roles of the licence issuing authorities of the Member State where the controlled operator is established and registered for VAT purposes, and of the Member State that received a complaint are clarified so that the control is to be conducted by the Member State where the controlled operator is established.