Commission Implementing Regulation (EU) 2021/1401

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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^note, and in particular Article 187 and Article 223(3) 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^note, 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^note, and in particular Article 9, first paragraph, points (a) to (d), and Article 16(1) thereof,Whereas:

(1)Commission Implementing Regulation (EU) 2020/761^note 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.

(2)Commission Implementing Regulation (EU) 2020/1988^note lays down 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)The Agreement between the European Union and the Kingdom of Thailand relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union, concluded by Council Decision (EU) 2021/1234^note amends some tariff quotas with regard to the quantities of products to be imported from Thailand.

(4)The Agreement in the form of an Exchange of Letters between the European Union and the Argentine Republic pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union, concluded by Council Decision (EU) 2021/1213^note, amends some tariff quotas with regard to the quantities of products to be imported from Argentina. It also amends the management system of tariff quotas under order numbers 09.4099 and 09.4104, and creates two new tariff quotas for poultry originating from Argentina.

(5)The amendments made by those Agreements should be reflected in Implementing Regulations (EU) 2020/761 and (EU) 2020/1988.

(6)Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 should therefore be amended accordingly.

(7)Due to the urgent need to implement those Agreements, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union. This means that the amendments made by this Regulation to Implementing Regulation (EU) 2020/1988 also apply to tariff quota periods that are ongoing on the day of entry into force of this Regulation. The amendments to Implementing Regulation (EU) 2020/761 should apply as from the first licence application period following the entry into force of this Regulation. However, the amendments to the quantities of the tariff quotas under order numbers 09.4412 and 09.4213, as well as those relating to the creation of tariff quotas under order numbers 09.4288, 09.4289 and 09.4290, should apply as of the beginning of the tariff quota periods starting after the entry into force of this Regulation.

(8)It is necessary to set certain transitional provisions on the continued application of Articles 38 and 40 of Implementing Regulation (EU) 2020/761 in respect of the ongoing tariff quota periods for the tariff quotas under order numbers 09.4099 and 09.4104, pending the beginning of the first tariff quota period of the tariff quota under order number 09.4288, and on the adaptation of ongoing tariff quota periods to the quantities available following the amendments made by this Regulation.

(9)The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

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Commission Implementing Regulation (EU) 2021/1401

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