Article 1 · Commission Implementing Regulation (EU) 2024/1178

Contents

Article 1Amendments to Implementing Regulation (EU) 2020/761#

Implementing Regulation (EU) 2020/761 is amended as follows:

(1)in Article 1, first paragraph, point (m) is replaced by the following:

(m)the notification to the Commission of information related to the LORI electronic system, certificates of authenticity (CA), Inward Monitoring Arrangement (IMA 1) certificates, and certificates of eligibility.’;

(2)in Article 13, paragraph 4 is replaced by the following:‘4.Unless otherwise provided for in Title III, licences issued for import tariff quotas managed with documents issued by third countries shall be valid from their date of issue until 23.59 (Brussels time) of the 30th calendar day after the last day of validity of the IMA 1 certificates or CA for which they have been issued. That period of validity shall not exceed the end of the tariff quota period. Licences issued for import tariff quotas managed with certificates of eligibility shall be valid from their date of issue until 23.59 (Brussels time) of the last day of the tariff quota period.’;

(3)Article 17 is amended as follows:

(a)the title is replaced by the following:‘Notifications to the Commission of information related to the LORI electronic system, certificates of authenticity, certificates of eligibility and IMA 1 certificates’;

(b)paragraph 6 is replaced by the following:‘6.Member States shall notify the Commission, for each certificate of authenticity, certificate of eligibility or IMA 1 certificate lodged by an operator in relation to tariff quotas managed with documents issued by third countries, of the number of the corresponding licence they have issued and the quantity covered by that licence. The notification shall be made before the issued licence is made available to the operator.’;

(4)in Article 42, the following subparagraph is inserted after the ninth subparagraph:‘In accordance with the Free Trade Agreement between the European Union and New Zealand, approved by Council Decision (EU) 2024/244^note, tariff quotas are open for imports into the Union of beef subject to the conditions laid down in this Regulation.^note

(5)in Article 44, paragraph 2 is replaced by the following:‘2.Upon application for the import licence, applicants shall submit the certificate of authenticity or the certificate of eligibility and a copy thereof to the licence issuing authority. The competent authorities may issue import licences only where they are satisfied that all the information on the certificate of authenticity or on the certificate of eligibility corresponds to that received each week from the Commission.Where only a copy of the certificate of authenticity or of the certificate of eligibility has been presented or where the original of the certificate of authenticity or of the certificate of eligibility has been presented but the information in that document is not in conformity with the information provided by the Commission, the competent authorities shall request the licence applicant to lodge an additional security pursuant to Article 45.’;

(6)Article 45 is amended as follows:

(a)in paragraph 1, the second subparagraph is replaced by the following:‘However, such an additional security shall not be required where the authority of the exporting country has provided a copy of the certificate of authenticity or certificate of eligibility by means of the information system referred to in Article 72(8).’;

(b)paragraph 2 is replaced by the following:‘2.Member States shall release the additional security once they receive the original of the certificate of authenticity or of the certificate of eligibility and are satisfied that its content corresponds to the information received from the Commission.’;

(7)the following Article 46a is inserted:‘Article 46aTariff quota for fresh and frozen beef and veal originating in New Zealand with order number 09.44561.This Article applies to tariff quota with order number 09.4456.2.Issuing an import licence and release for free circulation of quantities imported under the tariff quota referred to in paragraph 1 shall be conditional upon presentation of a certificate of eligibility.3.Certificates of eligibility shall be drawn up in accordance with the model set out in Annex XIV, point 6.4.Certificates of eligibility shall be completed in one of the official languages of the Union.5.Certificates of eligibility shall bear an individual serial number allocated by the issuing authority.6.Certificates of eligibility shall be valid only if they are duly completed and endorsed by the issuing authority for the import tariff quota concerned.7.Certificates of eligibility shall be considered to have been duly endorsed if they state the date and place of issue and if they bear a printed seal or the stamp of the issuing authority and the signature of the person or persons empowered to sign them.8.Certificates of eligibility shall be valid until the end of the applicable tariff quota period.9.The conversion factors laid down in Part C of Annex XVI shall be used to convert product weight to carcass weight equivalent for the tariff quota with order number 09.4456.’;

(8)in Article 48, the following paragraph is inserted after the second paragraph:‘In accordance with the Free Trade Agreement between the European Union and New Zealand, approved by Decision (EU) 2024/244, tariff quotas are open for imports into the Union of milk powders, butter and cheese subject to the conditions laid down in this Regulation.’;

(9)Article 49 is replaced by the following:‘Article 49New Zealand WTO cheese tariff quota1.This Article applies to tariff quota with order number 09.4516.2.Customs authorities shall indicate the serial number of the IMA 1 certificate in Section 31 of the import licence.3.IMA 1 certificates shall be drawn up in accordance with the model set out in Annex XIV.5, Part A, point A1.’;

(10)Article 50 is replaced by the following:‘Article 50New Zealand WTO butter tariff quotas1.This Article applies to tariff quotas under order numbers 09.4523, 09.4524 and 09.4525.2.Customs authorities shall indicate the serial number of the IMA 1 certificate in Section 31 of the import licence.3.IMA 1 certificates shall be drawn up in accordance with the model set out in Annex XIV.5, Part A, point A2.4.The quantities notified by the competent authorities to the Commission for tariff quotas under order numbers 09.4523, 09.4524 and 09.4525 shall be broken down by CN code.’;

(11)the following Article 51 is inserted:‘Article 51Tariff quotas for milk powder, butter and cheese originating in New Zealand with order numbers 09.4518, 09.4519 and 09.45201.This Article applies to tariff quotas with order numbers 09.4518, 09.4519 and 09.4520.2.Issuing an import licence and release for free circulation of quantities imported under the tariff quotas referred to in paragraph 1 shall be conditional upon presentation of a certificate of eligibility.3.Certificates of eligibility shall be drawn up in accordance with the model set out in Annex XIV.7.4.Certificates of eligibility shall be completed in one of the official languages of the Union.5.Certificates of eligibility shall bear an individual serial number allocated by the issuing authority.6.Certificates of eligibility shall be valid only if they are duly completed and endorsed by the issuing authority for the import tariff quota concerned.7.Certificates of eligibility shall be considered to have been duly endorsed if they state the date and place of issue and if they bear a printed seal or the stamp of the issuing authority and the signature of the person or persons empowered to sign them.8.Certificates of eligibility shall be valid until the end of the applicable tariff quota period.’;

(12)in Article 52, paragraph 2 is replaced by the following:‘2.Import licences for those tariff quotas shall cover the total net quantity indicated on the IMA1 certificate or the certificate of eligibility.’;

(13)Article 72 is amended as follows:

(a)in paragraph 1, the following point (c) is added:

(c)a certificate of eligibility for the sectors of beef and veal and of milk and milk products.’;

(b)paragraphs 3 to 6 are replaced by the following:‘3.With the exception of tariff quotas referred to in Article 49 and 50, operators shall present to the licence issuing authority of the Member State of import the original of the certificate of authenticity, of certificate of eligibility or of the IMA 1 certificate together with their application for import licence. The operator shall also provide a copy of the certificate of authenticity, of the certificate of eligibility or of the IMA 1 certificate if so required by the licence issuing authority. The application shall be made within the period of validity of the certificate of authenticity, of the certificate of eligibility or of the IMA 1 certificate and no later than the last day of the tariff quota period concerned.4.The licence issuing authority shall verify that information on the certificate of authenticity, on the certificate of eligibility and on the IMA 1 certificate corresponds to the information it received from the Commission. If that is the case and unless instructed otherwise by the Commission, the licence issuing authority shall issue import licences without delay, no later than six calendar days after receiving the application submitted with a certificate of authenticity, a certificate of eligibility or IMA 1 certificate.5.One certificate of authenticity, certificate of eligibility or IMA 1 certificate shall be used for issuing one import licence only.6.The licence issuing authority shall note on the certificate of authenticity, the certificate of eligibility or IMA 1 certificate and on their copy the licence issue number and the quantity for which that document was used. The quantity shall be expressed in whole units, rounded to the nearest kilogram in accordance with the rules set out in Article 8(2), point (a), of Implementing Regulation (EU) 2016/1239. The certificate of authenticity, the certificate of eligibility or IMA 1 certificate shall be kept by the licence issuing authority. The copy shall be returned to the applicant to be used for customs procedures where so indicated in Title III of this Regulation.’;

(c)in paragraph 8, the first sentence is replaced by the following:‘Once the exporting country has issued one or more certificates of authenticity, certificates of eligibility or IMA 1 certificates, it shall immediately communicate the issue of these documents to the Commission.’;

(d)paragraph 9 is replaced by the following:‘9.The Commission shall make available to the licence issuing and customs authorities of the Member States the specimens of the stamp imprints used by the issuing authority in the exporting country for issuing the certificate of authenticity or the certificate of eligibility. Names and signatures of the persons authorised to sign the certificate of authenticity or the certificate of eligibility, communicated to the Commission by the authorities of exporting countries, shall also be made available to the licence issuing and customs authorities of the Member States. The access to the Specimen Management System (SMS) database containing this information shall be restricted to authorised persons and shall be made available to Member States by means of an information system set up in accordance with Articles 57 and 58 of Implementing Regulation (EU) 2015/2447.’;

(14)Annexes I, VIII, IX, XIV and XVI are amended in accordance with Annex I to this Regulation.