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Procedure : 2018/0158(COD)
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Document selected : A8-0361/2018

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A8-0361/2018

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PV 16/01/2019 - 12.9

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P8_TA(2019)0022

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Wednesday, 16 January 2019 - Strasbourg Provisional edition
Apportionment of tariff rate quotas included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union ***I
P8_TA-PROV(2019)0022A8-0361/2018
Resolution
 Consolidated text

European Parliament legislative resolution of 16 January 2019 on the proposal for a regulation of the European Parliament and of the Council on the apportionment of tariff rate quotas included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union and amending Council Regulation (EC) No 32/2000 (COM(2018)0312 – C8-0202/2018– 2018/0158(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0312),

–  having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0202/2018),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 7 December 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on International Trade and the opinion of Committee on Agriculture and Rural Development (A8-0361/2018),

1.  Adopts its position at first reading hereinafter set out;

2.  Approves its statement annexed to this resolution which will be published in the L series of the Official Journal of the European Union together with the final legislative act;

3.  Takes note of the statement by the Commission annexed to this resolution which will be published in the L series of the Official Journal of the European Union together with the final legislative act;

4.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

5.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.


Position of the European Parliament adopted at first reading on 16 January 2019 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council on the apportionment of tariff rate quotas included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, and amending Council Regulation (EC) No 32/2000
P8_TC1-COD(2018)0158

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure(1),

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▌(TEU). The TEU and the Treaty on the Functioning of the European Union (TFEU) (collectively, 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, that is 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, Council Regulation (EC) No 32/2000(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)  The United Kingdom's withdrawal from the Union will have effects on the relations of the United Kingdom and the Union with third parties, in particular in the context of the World Trade Organization (WTO) of which both are original members. As negotiations on that withdrawal have been ongoing at the same time as the negotiations on the multiannual financial framework (MFF), and taking into account the share dedicated to the agricultural sector in the MFF, that sector could be exposed to a great extent.

(4)  By letter of 11 October 2017, the Union and the United Kingdom informed the other WTO Members that it was their intention that, upon leaving the Union, the United Kingdom would replicate to the extent possible its current obligations as a Member State of the Union in its new, separate, schedule of concessions and commitments on trade in goods. However, given that, as regards quantitative commitments, replication is not an appropriate method, the Union and the United Kingdom informed the other WTO Members of their intention to ensure that other WTO Members' current market access levels would be maintained by apportioning the Union's tariff rate quotas between the Union and the United Kingdom.

(5)  In line with the WTO rules, such apportionment of tariff rate quotas that are part of the schedule of concessions and commitments of the Union will have to occur in accordance with Article XXVIII of the General Agreement on Tariffs and Trade 1994 (GATT 1994). The Union will, therefore, following completion of preliminary contacts, engage in negotiations with WTO Members having a principal or substantial supplying interest or holding an initial negotiating right in relation to each of these tariff rate quotas. Those negotiations should remain limited in scope and should in no way extend to a renegotiation of the general terms or degree of access of products to the Union market.

(6)  However, given the time limits imposed on this process by the negotiations on the United Kingdom’s withdrawal from the Union, it is possible that agreements might not be concluded with all WTO Members concerned in relation to all of the tariff rate quotas on the date the Union's WTO schedule of concessions and commitments on trade in goods ceases to apply to the United Kingdom. In view of the need to ensure legal certainty and the continuous smooth operation of imports under the tariff rate quotas to the Union and to the United Kingdom it is necessary for the Union to be able to proceed unilaterally to the apportionment of the tariff rate quotas. The methodology used should be in line with the requirements of Article XXVIII of GATT 1994.

(7)  The following methodology should therefore be used: as a first step the United Kingdom’s usage share for each individual tariff rate quota should be established. That share, expressed as a percentage, is the United Kingdom’s share of total Union imports under the tariff rate quota over a recent representative three-year period. That share should then be applied to the entire scheduled tariff rate quota volume, taking into account any under-fill thereof, in order to arrive at the United Kingdom’s share of a given tariff rate quota. The Union’s share would then consist of the remainder of the tariff rate quota in question. This means the total volume of a given tariff rate quota is not changed, that is to say EU27 volume equals current EU28 volume minus the United Kingdom volume. The underlying data should be extracted from the relevant Commission databases.

(8)   The methodology for the usage share for each individual tariff rate quota has been established and agreed by the Union and the United Kingdom, in line with the requirements of Article XXVIII of GATT 1994, and therefore, that methodology should be wholly maintained to ensure its consistent application.

(9)  In those cases where no trade is observed for a specific tariff rate quota over the representative period, two alternative approaches should be pursued in order to establish the United Kingdom’s usage share. In those cases where there is another tariff rate quota with the identical product definition, the usage share of that identical tariff rate quota should be applied to the tariff rate quota that is without observed trade over the representative period. In those cases where there is no tariff rate quota with an identical product definition, the formula to calculate the usage share should be applied to Union imports in the corresponding tariff lines outside of the tariff rate quota.

(10)  For the agricultural tariff rate quotas concerned, Articles 184 to 188 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council(3) provide the necessary legal basis for the administration of the tariff rate quotas once apportioned by this Regulation. In this regard, the tariff rate quota quantities concerned are set out in Part A of the Annex to this Regulation. That administration should therefore be carried out having due regard to the objectives of the Common Agricultural Policy, as laid down in the TFEU, and the multi-functionality of agricultural activities. For the tariff rate quotas covering most fisheries products, industrial products and certain processed agricultural products, the administration of the tariff rate quotas is carried out pursuant to Regulation (EC) No 32/2000. The tariff rate quotas quantities concerned are set out in Annex I to that Regulation and that Annex should therefore be replaced by the quantities set out in Part B of the Annex to this Regulation. Four fisheries tariff rate quotas are not administered under Regulation (EC) No 32/2000 but under Commission Regulation (EC) No 847/2006(4), which implements Council Decision 2006/324/EC(5). The tariff rate quota quantities concerned are set out in Part C of the Annex to this Regulation. Implementing powers should be conferred on the Commission to adapt the provisions of Regulation (EC) No 847/2006 in respect of those four fisheries tariff rate quotas in line with the apportioned quantities established by this Regulation. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(6).

(11)  In order to take into account the fact that negotiations with affected WTO Members have been taking place in parallel with the ordinary legislative procedure for the adoption of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend Parts A and C of the Annex to this Regulation ▌with respect to the quantities of the apportioned tariff rate quotas listed therein, in order to take account of any agreements concluded or of pertinent information that it might receive in the context of those negotiations which would indicate that specific factors that were not previously known require an adjustment to the apportionment of the tariff quotas between the Union and the United Kingdom, while ensuring consistency with the common methodology agreed jointly with the United Kingdom. That power to adopt acts should also be delegated to the Commission where such pertinent information becomes available from other sources with an interest in a specific tariff rate quota. In addition, Regulation (EC) No 32/2000 should be amended in order to delegate to the Commission the power to adopt acts in accordance with Article 290 TFEU to amend Annex I to that Regulation.

(12)  In accordance with the principle of proportionality and in light of the United Kingdom's withdrawal from the Union, it is necessary and appropriate to lay down rules to apportion tariff rate quotas included in the WTO schedule of the Union. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with Article 5(4) TEU.

(13)  In accordance with Article 4(3) of Regulation (EEC, Euratom) No 1182/71 of the Council(7), the cessation of application of acts fixed at a given date shall occur 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 Regulation (EC) No 32/2000 ceases to apply to the United Kingdom given that from that day both the Union and the United Kingdom need to know what their WTO obligations are. However, the provisions of this Regulation setting out the delegation of power and the conferral of implementing powers should apply from the date of entry into force of this Regulation.

(14)  Taking into account the procedural requirements of the ordinary legislative procedure and the need to subsequently adopt implementing acts for the application of this Regulation on the one hand, and the necessity to have the apportioned tariff rate quotas in place and ready to be applied at the moment that the United Kingdom ceases to be covered by the schedule of concessions and commitments of the Union, which could be as early as 30 March 2019, on the other hand, it is essential for this Regulation to enter into force as soon as possible,

HAVE ADOPTED THIS REGULATION:

Article 1

1.  The tariff rate quotas included in the schedule of concessions and commitments of the Union annexed to the General Agreement on Tariffs and Trade 1994 (GATT 1994) shall be apportioned between the Union and the United Kingdom of Great Britain and Northern Ireland (the ‘United Kingdom’) in line with the following methodology:

(a)  the Union’s usage share of imports in percentages, for each individual tariff rate quota is established, over a recent representative three-year period;

(b)  the Union’s usage share of imports, in percentages, is applied to the entire scheduled tariff rate quota volume to arrive at its share in volume of a given tariff rate quota;

(c)  for individual tariff rate quotas for which no trade can be observed during the representative period as laid down in point (a), the Union’s portion is instead established by following the procedure laid down in point (b) on the basis of the Union’s usage share of imports, in percentages, of another tariff rate quota with the exact same product definition, or in the corresponding tariff lines outside of the tariff rate quota.

2.  The Union’s portion of the tariff rate quotas referred to in paragraph 1 resulting from the application of the methodology referred to in that paragraph shall be as follows:

(a)  as regards tariff rate quotas for agricultural products, as set out in Part A of the Annex;

(b)  as regards tariff rate quotas for fisheries products, industrial products and certain processed agricultural products, as set out in Parts B and C of the Annex.

Article 2

While ensuring consistency with the methodology referred to in Article 1(1) and in particular ensuring that the market access into the Union as composed after the withdrawal of the United Kingdom does not exceed that which is reflected in the share of trade flows during a representative period, the Commission is empowered to adopt delegated acts in accordance with Article 3 to amend Parts A and C of the Annex ▌in order to take account of the following:

(a)  any international agreement concluded by the Union under Article XXVIII of GATT 1994 concerning the tariff rate quotas referred to in those parts of the Annex; and

(b)  pertinent information that it may receive either in the context of negotiations under Article XXVIII of GATT 1994 or from other sources with an interest in a specific tariff rate quota.

Article 3

1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.  The power to adopt delegated acts referred to in Article 2 shall be conferred on the Commission for a period of five years from … [the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.  The delegation of power referred to in Article 2 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making▌(8).

5.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.  A delegated act adopted pursuant to Article 2 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 4

The Commission shall adopt implementing acts in order to adjust, in line with Part C of the Annex to this Regulation, the volumes of the tariff rate quotas opened and managed by Regulation (EC) No 847/2006. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 5(2).

Article 5

1.  The Commission shall be assisted by the Customs Code Committee established by Article 285(1) of Regulation (EU) No 952/2013 of the European Parliament and of the Council(9). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 6

Regulation (EC) No 32/2000 is amended as follows:

(1)  The following Articles are inserted:"

“Article 10a

For the purpose of apportioning tariff rate quotas included in the schedule of concessions and commitments of the Union following the withdrawal of the United Kingdom from the Union and while ensuring consistency with the methodology referred to in Article 1(1) of Regulation (EU) No xxx/xxxx*(10) and, in particular, ensuring that the market access into the Union as composed after the withdrawal of the United Kingdom does not exceed that which is reflected in the share of trade flows during a representative period, the Commission is empowered to adopt delegated acts in accordance with Article 10b to amend Annex I to this Regulation in order to take account of the following:

   a) any international agreement concluded by the Union under Article XXVIII of GATT 1994, concerning the tariff rate quotas referred to in Annex I; and
   b) pertinent information that it may receive either in the context of negotiations under Article XXVIII of GATT 1994, or from other sources with an interest in a specific tariff rate quota.

Article 10b

1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.  The power to adopt delegated acts referred to in Article 10a shall be conferred on the Commission for a period of five years from …[the date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.  The delegation of powers referred to in Article 10a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making**.

5.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.  A delegated act adopted pursuant to Article 10a shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by [two] months at the initiative of the European Parliament or of the Council.

* Regulation (EU) 2019/.. of the European Parliament and of the Council of … on the apportionment of tariff rate quotas included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, and amending Council Regulation (EC) No 32/2000 (OJ …).

** OJ L 123, 12.5.2016, p. 1."

"

(2)  Annex I is replaced by the text in Part B of the Annex to this Regulation.

Article 7

1.  This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

2.  Articles 1(2) and 6(2) shall apply from the day following that on which Regulation (EC) No 32/2000 ceases to apply to and in the United Kingdom.

3.  Articles other than those referred to in paragraph 2 shall apply as from the day of entry into force of this Regulation.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at …,

For the European Parliament For the Council

The President The President

ANNEX

Part A

Product Description

Unit

EU28 scheduled quantity

Country(11)

Order number

EU27 share in quota usage(12)

EU27-TRQ size

Live bovine animals

head

710

EO(13)

090114

100%

710

Live bovine animals

head

711

EO

090115

100%

711

Live bovine animals

head

24 070

EO

090113

100%

24 070

Meat of bovine animals, fresh, chilled or frozen

Edible offal of bovine animals, fresh, chilled or frozen

t (product weight)

7 150

AUS

094451

34,7%

2 481

High quality meat with or without bone

t (product weight)

17 000

ARG

094450

99,6%

16 936

Boneless high quality meat of bovine animals, fresh or chilled

t (product weight)

12 500

99,6%

12 453

High quality meat with or without bone

t (product weight)

2 300

URY

094452

87,9%

2 022

Boneless high quality meat of bovine animals, fresh or chilled

t (product weight)

4 076

87,9%

3 584

Meat of bovine animals, fresh, chilled or frozen

Edible offal of bovine animals, fresh, chilled or frozen

t (product weight)

11 500

USA / CAN

094002

99,8%

11 481

High quality meat of bovine animals, fresh, chilled or frozen

t

 

PAR

094455

71,1%

711

High quality meat of bovine animals, fresh, chilled or frozen

t

1 300

NZL

094454

65,1%

846

Boneless meat of bovine animals, fresh, chilled or frozen

Edible offal of bovine animals, fresh, chilled or frozen

t

10 000

BRA

094453

89,5%

8 951

Meat of bovine animals, frozen

Edible offal of bovine animals, frozen

t (boneless weight)

54 875

EO

094003

79,7%

43 732

Boneless buffalo meat, frozen

t (without bone)

2 250

AUS

094001

62,4%

1 405

Boneless buffalo meat, frozen

Boneless buffalo meat, fresh, chilled or frozen

t (without bone)

200

ARG

094004

100%

200

Meat of bovine animals, frozen

Edible offal of bovine animals, frozen

t (bone-in weight)

63 703

EO

094057

30,9%

19 676

Meat of bovine animals, frozen

Edible offal of bovine animals, frozen

t (bone-in weight)

EO

094058

Edible offal of bovine animals, frozen

t

800

OTH(14)

094020

100%

800

Edible offal of bovine animals, frozen

t

700

ARG

094460

100%

700

Meat of swine, fresh, chilled or frozen:

- Carcasses and half-carcasses of domestic swine, fresh, chilled or frozen

t

15 067

EO

090122

100%

15 067

Meat of swine, fresh, chilled or frozen:

- Cuts of domestic swine, fresh, chilled or frozen, with or without bone, excluding tenderloin presented separately

t

4 624

CAN

094204

100%

4 623

Meat of swine, fresh, chilled or frozen:

- Cuts of domestic swine, fresh, chilled or frozen, with or without bone, excluding tenderloin presented separately

t

6 135

EO

090123

100%

6 133

Meat of swine, fresh, chilled or frozen:

- Loins of domestic swine and cuts thereof, with bone in, fresh or chilled

- Bellies (streaky) of domestic swine and cuts thereof, frozen

t

7 000

EO

090119

100%

7 000

Meat of swine, fresh, chilled or frozen:

- Boneless loins and hams of domestic swine, fresh, chilled or frozen

t

35 265

EO

094038

36%

12 680

Meat of swine, fresh, chilled or frozen:

- Boneless loins and hams of domestic swine, fresh, chilled or frozen

t

4 922

USA

094170

36%

1 770

Meat of swine, fresh, chilled or frozen:

- Tenderloins of domestic swine, fresh, chilled or frozen

t

5 000

EO

090118

75,6%

3 780

Prepared or preserved meat of domestic swine

t

6 161

EO

090121

100%

6 161

Sausages, dry or for spreading, uncooked

Other sausages

t

3 002

EO

090120

5,5%

164

Live sheep and goats, other than pure-bred breeding animals

t (carcasse weight)

105

OTH

092019

100%

105

Live sheep and goats, other than pure-bred breeding animals

t (carcasse weight)

215

MKD

 

100%

215

Live sheep and goats, other than pure-bred breeding animals

t (carcasse weight)

91

EO

092019

100%

91

Meat of sheep or goats, fresh, chilled or frozen

t (carcasse weight)

23 000

ARG

092011

73,9%

17 006

Meat of sheep or goats, fresh, chilled or frozen

t (carcasse weight)

600

ISL

090790

58,2%

349

Meat of sheep or goats, fresh, chilled or frozen

t (carcasse weight)

850

BIH

 

48,3%

410

Meat of sheep or goats, fresh, chilled or frozen

t (carcasse weight)

19 186

AUS

092012

20%

3 837

Meat of sheep or goats, fresh, chilled or frozen

t (carcasse weight)

3 000

CHL

091922

87,6%

2 628

Meat of sheep or goats, fresh, chilled or frozen

t (carcasse weight)

100

GRL

090693

48,3%

48

Meat of sheep or goats, fresh, chilled or frozen

t (carcasse weight)

228 389

NZL

092013

50%

114 184

Meat of sheep or goats, fresh, chilled or frozen

t (carcasse weight)

5 800

URY

092014

82,1%

4 759

Meat of sheep or goats, fresh, chilled or frozen

t (carcasse weight)

200

OTH

092015

100%

200

Meat of sheep or goats, fresh, chilled or frozen

t (carcasse weight)

200

EO

092016

89,2%

178

Chicken carcasses, fresh, chilled or frozen

t

6 249

EO

094067

64,9%

4 054

Chicken cuts, fresh, chilled or frozen

t

8 570

EO

094068

96,3%

8 253

Boneless cuts of fowls of the species Gallus domesticus, frozen

t

2 705

EO

094069

89,7%

2 427

Cuts of fowls of the species Gallus domesticus, frozen

t

9 598

BRA

094410

86,6%

8 308

Cuts of fowls of the species Gallus domesticus, frozen

t

15 500

EO

094411

86,9%

13 471

Cuts of fowls of the species Gallus domesticus, frozen

t

094412

Turkey meat, fresh, chilled or frozen

t

1 781

EO

094070

100%

1 781

Cuts of turkeys, frozen

t

3 110

BRA

094420

86,5%

2 692

Cuts of turkeys, frozen

t

4 985

EO

094421

85,3%

4 253

Cuts of turkeys, frozen

t

094422

Meat and edible offal of poultry, fresh, chilled or frozen

t

21 345

USA

094169

100%

21 345

Salted poultry meat

t

170 807

BRA

094211

76,1%

129 930

Salted poultry meat

t

92 610

THA

094212

73,8%

68 385

Salted poultry meat

t

828

OTH

094213

99,5%

824

Prepared turkey meat

t

92 300

BRA

094217

97,5%

89 950

Prepared turkey meat

t

11 596

OTH

094218

97,5%

11 301

Cooked meat of fowls of the species Gallus domesticus

t

79 477

BRA

094214

66,3%

52 665

Cooked meat of fowls of the species Gallus domesticus

t

160 033

THA

094215

68,4%

109 441

Cooked meat of fowls of the species Gallus domesticus

t

11 443

OTH

094216

74%

8 471

Processed chicken meat, uncooked, containing 57 % or more by weight of poultry meat or offal

t

15 800

BRA

094251

69,4%

10 969

Processed chicken meat, uncooked, containing 57 % or more by weight of poultry meat or offal

t

340

OTH

094261

69,4%

236

Processed chicken meat, containing 25 % or more but less than 57 % by weight of poultry meat or offal

t

62 905

BRA

094252

94,9%

59 699

Processed chicken meat, containing 25 % or more but less than 57 % by weight of poultry meat or offal

t

14 000

THA

094254

57,3%

8 019

Processed chicken meat, containing 25 % or more but less than 57 % by weight of poultry meat or offal

t

2 800

OTH

094260

59,6%

1 669

Processed chicken meat, containing less than 25 % by weight of poultry meat or offal

t

295

BRA

094253

55,3%

163

Processed chicken meat, containing less than 25 % by weight of poultry meat or offal

t

2 100

THA

094255

55,3%

1 162

Processed chicken meat, containing less than 25 % by weight of poultry meat or offal

t

470

OTH

094262

55,3%

260

Processed duck, geese, guinea fowl meat, uncooked, containing 57 % or more by weight of poultry meat or offal

t

10

THA

094257

0%

0

Processed duck, geese, guinea fowl meat, cooked, containing 57 % or more by weight of poultry meat or offal

t

13 500

THA

094256

63,5%

8 572

Processed duck, geese, guinea fowl meat, cooked, containing 57 % or more by weight of poultry meat or offal

t

220

OTH

094263

72,1%

159

Processed duck, geese, guinea fowl meat, cooked, containing 25 % or more but less than 57 % by weight of poultry meat or offal

t

600

THA

094258

50%

300

Processed duck, geese, guinea fowl meat, cooked, containing 25 % or more but less than 57 % by weight of poultry meat or offal

t

148

OTH

094264

0%

0

Processed duck, geese, guinea fowl meat, cooked, containing less than 25 % by weight of poultry meat or offal

t

600

THA

094259

46,4%

278

Processed duck, geese, guinea fowl meat, cooked, containing less than 25 % by weight of poultry meat or offal

t

125

OTH

094265

46,4%

58

Poultry eggs for consumption, in shell

t

135 000

EO

094015

84,9%

114 669

Eggs yolks

Bird eggs, not in shell

t (shell egg equivalent)

7 000

EO

094401

100%

7 000

Egg albumin

t (shell egg equivalent)

15 500

EO

094402

100%

15 500

Skimmed-milk powder

t

68 537

EO

094590

99,998%

68 536

Butter and other fats and oils derived from milk

t (in butter equivalent)

11 360

EO

094599

100%

11 360

Butter, at least six weeks old, of a fat content by weight of not less than 80% but less than 85% manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process.

Butter, at least six weeks old, of a fat content by weight of not less than 80% but less than 85% manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process which may involve the cream passing through a stage where the butterfat is concentrated and/or fractionated (the process referred to as "Ammix" and "Spreadable").

t

74 693

NZL

094182

63,2%

47 177

Butter, at least six weeks old, of a fat content by weight of not less than 80% but less than 85% manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process.

Butter, at least six weeks old, of a fat content by weight of not less than 80% but less than 85% manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process which may involve the cream passing through a stage where the butterfat is concentrated and/or fractionated (the process referred to as "Ammix" and "Spreadable").

t

NZL

094195

Cheese and curd:

- Pizza cheese, frozen, cut into pieces each weighing not more than 1 g, in containers with a net content of 5 kg or more, of a water content, by weight, of 52 % or more, and a fat content, by weight, in the dry matter of 38 % or more

t

5 360

EO

094591

100%

5 360

Cheese and curd:

- Emmentaler, including processed Emmentaler

t

18 438

EO

094592

100%

18 438

Cheese and curd:

- Gruyère, Sbrinz, including processed Gruyère

t

5 413

EO

094593

100%

5 413

Cheese and curd:

- Cheese for processing

t

20 007

EO

094594

58,7%

11 741

Cheese for processing

t

4 000

NZL

094515

41,7%

1 670

Cheese for processing

t

500

AUS

094522

100%

500

Cheese and curd:

- Cheddar

t

15 005

EO

094595

99,6%

14 941

Cheddar

t

7 000

NZL

094514

62,3%

4 361

Cheddar

t

3 711

AUS

094521

100%

3 711

Cheddar

t

4 000

CAN

094513

0%

0

Other cheeses

t

19 525

EO

094596

100%

19 525

Potatoes, fresh or chilled, from 1 January to 15 May

t

4 295

EO

090055

99,9%

4 292

Tomatoes

t

472

EO

090094

98,2%

464

Garlic

t

19 147

ARG

094104

100%

19 147

Garlic

t

ARG

094099

Garlic

t

48 225

CHN

094105

84,1%

40 556

Garlic

t

CHN

094100

Garlic

t

6 023

OTH

094106

61,6%

3 711

Garlic

t

OTH

094102

Carrots and turnips, fresh or chilled

t

1 244

EO

090056

95,8%

1 192

Cucumbers, fresh or chilled, from 1 November to 15 May

t

1 134

EO

090059

44,1%

500

Other vegetables, fresh or chilled (sweet peppers)

t

500

EO

090057

100%

500

Dried onions

t

12 000

EO

090035

80,8%

9 696

Manioc (casava)

t

5 750 000

THA

090708

53,8%

3 096 027

Manioc (casava) other than pellets of flour and meal

Arrowroot, salep and similar roots and tubers with high starch content

t

825 000

IDN

090126

0%

0

Manioc (casava) other than pellets of flour and meal

Arrowroot, salep and similar roots and tubers with high starch content

t

350 000

CHN

090127

78,8%

275 805

Manioc (casava) other than pellets of flour and meal

Arrowroot, salep and similar roots and tubers with high starch content

t

145 590

OTH

090128

85,5%

124 552

Manioc (casava) other than pellets of flour and meal

Arrowroot, salep and similar roots and tubers with high starch content

t

30 000

NW

090129

100%

30 000

Manioc (casava) other than pellets of flour and meal

Arrowroot, salep and similar roots and tubers with high starch content

t

2 000

NW

090130

84,6%

1 691

Sweet potatoes, other than for human consumption

t

600 000

CHN

090124

42,1%

252 641

Sweet potatoes, other than for human consumption

t

5 000

OTH

090131

99,7%

4 985

Mushrooms of the species Agaricus, prepared, preserved or provisionally preserved

t

33 980

EO

 

100%

33 980

Mushrooms of the species Agaricus, prepared, preserved or provisionally preserved

t

1 450

CHN

 

100%

1 450

Almonds, other than bitter

t

90 000

EO

090041

95,5%

85 958

Sweet oranges, fresh

t

20 000

EO

090025

100%

20 000

Other citrus hybrids

t

15 000

EO

090027

99,5%

14 931

Lemons, from 15 January to 14 June

t

10 000

EO

090039

81,6%

8 156

Table grapes, fresh, from 21 July to 31 October

t

1 500

EO

090060

59%

885

Apples, fresh, from 1 April to 31 July

t

696

EO

090061

95,7%

666

Pears, fresh, other than perry pears in bulk, from 1 August to 31 December

t

1 000

EO

090062

81%

810

Apricots, fresh, from 1 August to 31 May

t

500

EO

090058

14,9%

74

Apricots, fresh, from 1 June to 31 July

t

2 500

EO

090063

55,5%

1 387

Cherries, fresh, other than sour cherries, from 21 May to 15 July

t

800

EO

090040

13,1%

105

Preserved pineapples, citrus fruit, pears, apricots, cherries, peaches and strawberries

t

2 838

EO

090092

99,4%

2 820

Orange juice, frozen, of a density not exceeding 1,33 g/cm3 at 20° C

t

1 500

EO

090033

100%

1 500

Fruit juices

t

7 044

EO

090093

91,4%

6 436

Grape juice (including grape must)

t

14 029

EO

090067

0%

0

Durum wheat

t

50 000

EO

090074

100%

50 000

Quality wheat

t

300 000

EO

090075

100%

300 000

Common wheat (medium and low quality)

t

572 000

USA

094123

99,99%

571 943

Common wheat (medium and low quality)

t

38 853

CAN

094124

3,8%

1 463

Common wheat (medium and low quality)

t

2 371 600

OTH

094125

96,4%

2 285 665

Common wheat (medium and low quality)

t

129 577

EO

094133

100%

129 577

Barley

t

307 105

EO

094126

99,9%

306 812

Malting barley

t

50 890

EO

090076

40,9%

20 789

Preparations consisting of a mixture of malt sprouts and of barley screenings before the malting process (possibly including other seeds) with barley cleanings after the malting process, and containing, by weight, 12,5 % or more of protein

Preparations consisting of a mixture of malt sprouts and of barley screenings before the malting process (possibly including their seeds) with barley cleanings after the malting process, and containing, by weight, 12,5 % or more of protein and not more than 28 % of starch

t

20 000

EO

092905

100%

20 000

Preparations consisting of a mixture of malt sprouts and of barley screenings before the malting process (possibly including other seeds) with barley cleanings after the malting process, and containing, by weight, 15,5 % or more of protein

Preparations consisting of a mixture of malt sprouts and of barley screenings before the malting process (possibly including other seeds) with barley cleanings after the malting process, and containing, by weight, 15,5 % or more of protein and not more than 23 % of starch

t

100 000

EO

092903

100%

100 000

Maize

t

277 988

EO

094131

96,8%

269 214

Maize

t

500 000

EO

No order number

100%

500 000

Maize

t

2 000 000

EO

No order number

100%

2 000 000

Corn gluten

t

10 000

USA

090090

100%

10 000

Grain sorghum

t

300 000

EO

No order number

100%

300 000

Millet

t

1 300

EO

090071

68,3%

888

Worked oats, other than kibbled

t

10 000

EO

090043

2,3%

231

Manioc starch

t

8 000

EO

090132

82,9%

6 632

Manioc starch

t

2 000

EO

090132

82,9%

1 658

Bran, sharps and other residues whether or not in the form of pellets derived from the sifting, milling or other working of cereals

t

475 000

EO

090072

96,4%

458 068

Paddy rice

t

7

EO

090083

66,7%

5

Husked (brown) rice

t

1 634

EO

094148

86,6%

1 416

Semi-milled or wholly milled rice

t

63 000

EO

 

58,3%

36 731

Semi-milled or wholly milled rice

t

4 313

THA

094112

84,9%

3 663

Semi-milled or wholly milled rice

t

9 187

OTH

 

74,7%

6 859

Semi-milled or wholly milled rice

t

1 200

THA

094112

84,9%

1 019

Semi-milled or wholly milled rice

t

25 516

OT

094166

88%

22 442

Broken rice, intended for the production of foodstuffs of subheading 1901 10 00

t

1 000

EO

094079

100%

1 000

Broken rice

t

31 788

EO

094168

83,6%

26 581

Broken rice

t

100 000

EO

 

93,7%

93 709

Raw cane sugar, for refining

t

9 925

AUS

094317

50%

4 961

Raw cane sugar, for refining

t

388 124

BRA

094318

92,4%

358 454

Raw cane sugar, for refining

t

10 000

CUB

094319

100%

10 000

Raw cane sugar, for refining

t

372 876

EO

094320

91,6%

341 460

Cane or beet sugar

t (white sugar equivalent)

10 000

IDN

094321

58,4%

5 841

Cane or beet sugar

t (white sugar equivalent)

1 294 700

ACP

N/A

71,2%

921 707

Other preparations of a kind used in animal feeding:

Containing no milk products or containing less than 10 % by weight of such products

t

2 800

EO

090073

98,1%

2 746

Other preparations of a kind used in animal feeding:

Containing no milk products or containing less than 10 % by weight of such products

t

2 700

EO

090070

98,9%

2 670

Dog and cat food

t

2 058

EO

090089

67,7%

1 393

Wine of fresh grapes (other than sparkling wine and quality wine produced in specified regions) in containers holding =< 2 L and of an alcoholic strength of =<13% vol

hl

40 000

EO

090097

11,7%

4 689

Wine of fresh grapes (other than sparkling wine and quality wine produced in specified regions) in containers holding > 2 L and of an alcoholic strength of =< 13% vol

hl

20 000

EO

090095

78,2%

15 647

Vermouth and other wine of fresh grapes, flavoured with plants or aromatic substances in containers holding > 2 L and of an alcoholic strength of =< 18% vol

hl

13 810

EO

090098

99,99%

13 808

Part B

LIST OF COMMUNITY TARIFF QUOTAS BOUND IN GATT

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.

Order number

CN code

Taric subdivision

Description of goods

Quota period

Quota volume

Rate of duty (%)

09.0006

0302 41 00

 

Herring

From 16.6. to 14.2.

31 888 tonnes

0

 

0303 51 00

 

 

0304 59 50

 

 

ex 0304 59 90

10

 

0304 99 23

 

09.0007

ex 0305 51 10

10

Cod of the species Gadus morhua and Gadus ogac and fish of the species Boreogadus saida:

—  dried, whether or not salted but not smoked

—  salted but not dried or smoked and in brine

From 1.1. to 31.12.

24 998 tonnes

0

 

 

20

 

ex 0305 51 90

10

 

 

20

 

0305 53 10

 

 

ex 0305 62 00

20

 

 

25

 

 

50

 

 

60

 

0305 69 10

 

 

0305 72 00

10

 

 

15

 

 

20

 

 

25

 

 

30

 

 

35

 

 

50

 

 

52

 

 

56

 

 

60

 

 

62

 

 

64

 

0305 79 00

10

 

 

15

 

 

20

 

 

25

 

 

30

 

 

35

 

 

50

 

 

52

 

 

56

 

 

60

 

 

62

 

 

64

09.0008

0302 31 10

0302 32 10

0302 33 10

0302 34 10

0302 35 11

0302 35 91

0302 36 10

0302 39 20

0302 49 11

0302 89 21

0303 41 10

0303 42 20

0303 43 10

0303 44 10

0303 45 12

0303 45 91

0303 46 10

0303 49 20

0303 59 21

0303 89 21

 

Tunas (of the genus Thunnus) and fish of the genus Euthynnus, for use in the canning industry (1)

From 1.1. to 31.12.

17 221 t

0

09.0009

ex 0302 54 19

10

Silver hake (Merluccius bilinearis), fresh, chilled or frozen

From 1.1. to 31.12.

1 999 tonnes

8

 

ex 0303 66 19

11

 

 

19

09.0013

ex 4412 39 00

10

Plywood of Coniferous species, without the addition of other substances:

—  of a thickness greater than 8,5 mm, the faces of which are not further prepared than the peeling process

—  or sanded, and of a thickness greater than 18,5 mm

From 1.1. to 31.12.

482 648 m3

0

 

ex 4412 99 85

10

09.0019

7202 21 00

 

Ferro-silicon

From 1.1. to 31.12.

12 600 tonnes

0

 

7202 29

 

09.0021

7202 30 00

 

Ferro-silicon-manganese

From 1.1. to 31.12.

18 550 tonnes

0

09.0023

ex 7202 49 10

20

Ferro-chromium containing not more than 0.10% by weight of carbon and more than 30% but not more than 90% of chromium (super-refined ferrochromium)

From 1.1. to 31.12.

2 804 tonnes

0

 

ex 7202 49 50

11

09.0045

ex 0303 19 00

10

Fish, frozen, of the genus Coregonus

From 1.1. to 31.12.

1000 tonnes

5,5

09.0046

ex 1605 40 00

30

Freshwater crayfish cooked with dill, frozen

From 1.1. to 31.12.

2 965 tonnes

0

09.0047

ex 1605 21 10

40

Shrimps and prawns of the Species Pandalus borealis, shelled, boiled and frozen, but not otherwise prepared

From 1.1. to 31.12.

474 tonnes

0

 

ex 1605 21 90

40

 

ex 1605 29 00

40

09.0048

ex 0304 89 90

10

Fillets of fish, frozen, of the species Allo- cyttus spp. and Pseu- docyttus maculatus

From 1.1. to 31.12.

200 tonnes

0

09.0050

ex 5306 10 10

10

Unbleached flax yarn (other than tow yarn), not put up for retail sail, measuring 333,3 decitex or more (not exceeding 30 metric numbers), intended for the manufacture of multiple or cabled yarn for the footwear industry or for whipping cables (1)

From 1.1. to 31.12.

400 tonnes

1,8

 

ex 5306 10 30

10

09.0051

7018 10 90

 

Similar glass smallwares other than glass beads, imitation pearls and imitation precious or semi-precious stones

From 1.1. to 31.12.

52 tonnes

0

09.0052

1806 20

 

Chocolate

From 1.7. to 30.6.

2 026 tonnes

38

1806 31 00

1806 32

1806 90

09.0053

1704

 

Sugar confectionery (including white chocolate), not containing cocoa

From 1.7. to 30.6.

2 245 tonnes

35

09.0054

1905 90

 

Other than crispbread, gingerbread and the like, sweet biscuits, waffles and wafers, rusks, toasted bread and similar toasted products

From 1.7. to 30.6.

409 tonnes

40

09.0084

1702 50 00

 

Chemically pure fructose

From 1.1. to 31.12.

1 253 tonnes

20

09.0085

1806

 

Chocolate and other food preparations containing cocoa

From 1.1. to 31.12.

81 tonnes

43

09.0086

1902 11 00

 

Pasta, whether or not cooked or stuffed or otherwise prepared, except stuffed pasta of CN subheadings 1902 20 10 and 1902 20 30; couscous, whether or not prepared

From 1.1. to 31.12.

497 tonnes

11

1902 19

1902 20 91

1902 20 99

1902 30

1902 40

09.0087

1901 90 99

 

Food preparations of cereals

From 1.1. to 31.12.

191 tonnes

33

1904 30 00

1904 90 80

1905 90 20

09.0088

2106 90 98

 

Other food preparations not elsewhere specified or included

From 1.1. to 31.12.

702 tonnes

18

09.0091

1702 50 00

 

Chemically pure fructose

From 1.7. to 30.6.

4 504 tonnes

(2)

09.0096

2106 90 98

 

Other food preparations not elsewhere specified or included, allocated to the United States of America

From 1.7. to 30.6.

831 tonnes

EA (3)

(1)  The reduction of the customs duty shall be subject to the conditions laid down in the relevant provisions of the European Union with a view to customs control of the use of such goods (see Article 254 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (OJ L 269, 10.10.2013, p. 1)).

(2)  Suspension of specific duty as from 1 July 1995; the ad valorem duty to be taken into account is the duty in force appearing in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p.1).

(3)  The symbol ‘EA’ indicates that the goods are chargeable with an ‘agricultural component’ fixed in accordance with Regulation (EEC) No 2658/87.

Part C

Product Description

Unit

EU28 scheduled quantity

Country

Order number

EU27 share in quota usage

EU27 TRQ size

Fisheries products not listed in Council Regulation (EC) No 32/2000

Prepared or preserved fish (excl. whole or in pieces): of tuna, skipjack or other fish of the genus Euthynnus

t

1 816

THA

090704

100%

1 816

Prepared or preserved fish (excl. whole or in pieces): of tuna, skipjack or other fish of the genus Euthynnus

t

742

EO

090705

100%

742

Prepared or preserved fish (excl. whole or in pieces): of sardines, bonito, mackerel of the species Scomber scombrus and Scomber japonicas, fish of the species Orcynopsis unicolor

t

1 410

THA

090706

8,7%

123

Prepared or preserved fish (excl. whole or in pieces): of sardines, bonito, mackerel of the species Scomber scombrus and Scomber japonicas, fish of the species Orcynopsis unicolor

t

865

EO

090707

72,9%

631

ANNEX TO THE LEGISLATIVE RESOLUTION

European Parliament statement

European Parliament attaches great importance to being kept fully informed during the preparation of delegated acts and, in particular, to paragraph 28 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, which provides that, in order to ensure equal access to all information, the European Parliament and Council shall receive all documents at the same time as Member States' experts.

Commission statement

The Commission fully adheres to the principles of Better Regulation and to the commitments laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. It will therefore endeavour to put forward a legislative proposal to the Council and to the European Parliament at the earliest opportunity, with a view to aligning Council Regulation (EC) No 32/2000 to the legal framework introduced by the Lisbon Treaty.

(1) Position of the European Parliament of 16 January 2019.
(2)Council Regulation (EC) No 32/2000 of 17 December 1999 opening and providing for the administration of Community tariff quotas bound in GATT and certain other Community tariff quotas and establishing detailed rules for adjusting the quotas, and repealing Council Regulation (EC) No 1808/95 (OJ L 5, 8.1.2000, p. 1).
(3)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 (OJ L 347, 20.12.2013, p. 671).
(4) Commission Regulation (EC) No 847/2006 of 8 June 2006 opening and providing for the administration of Community tariff quotas for certain prepared or preserved fish (OJ L 156, 9.6.2006, p. 8).
(5) Council Decision 2006/324/EC of 27 February 2006 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Thailand pursuant to Articles XXIV:6 and XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union (OJ L 120, 5.5.2006, p. 17).
(6) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(7) 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).
(8) OJ L 123, 12.5.2016, p. 1.
(9) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
(10)+ OJ: Please insert in the text the number of the Regulation contained in document PE-CONS 71/18 (2018/0158(COD)) and insert the number, date, title and OJ reference of that Regulation in the footnote.
(11)For official country codes please refer to: http://www.nationsonline.org/oneworld/country_code_list.htm
(12)For presentational purposes, the percentage for the EU27 share in quota usage has been rounded to one decimal place. The EU27 tariff rate quota size is, however, calculated based on the exact percentage.
(13)EO = erga omnes
(14)OTH = others

Last updated: 18 January 2019Legal notice