title: Commission Implementing Regulation (EU) 2017/1772 of 28 September 2017 opening and providing for the management of Union tariff quotas for certain agricultural products, processed agricultural products and fishery products originating in Canada

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 251/13

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1772
   of 28 September 2017
   opening and providing for the management of Union tariff quotas for certain agricultural products, processed agricultural products and fishery products originating in Canada
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 58(1) thereof,
   Whereas:

               (1)

               By Council Decision (EU) 2017/38 (2), the Council authorised the provisional application of the Comprehensive Economic and Trade Agreement between Canada of the one part, and the European Union and its Member States, of the other part (‘the Agreement’).

               (2)

               The Agreement stipulates that customs duties on imports into the Union of goods originating in Canada must be reduced or eliminated in accordance with the tariff elimination schedule in Annex 2-A to that Agreement. Annex 2-A provides that for certain goods the reduction or elimination of customs duties is granted within tariff quotas.

               (3)

               Annex 2-A to the Agreement stipulates that the Union is to manage certain of those tariff quotas on a first-come, first-served basis. The Commission should manage those tariff quotas in accordance with the rules on the management of tariff quotas laid down in Commission Implementing Regulation (EU) 2015/2447 (3).

               (4)

               The Agreement provides that in order for goods to benefit from those tariff quotas, they must comply with the rules of origin as set out in Annex 5 to the Protocol on rules of origin and origin procedures attached to that Agreement.

               (5)

               As published in the Official Journal of the European Union, the Agreement is to be applied provisionally from 21 September 2017 (4). In order to ensure the effective application and management of those tariff quotas granted under the Agreement which the Commission shall manage on a first-come first-served basis, this Regulation should apply from 21 September 2017.

               (6)

               The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Union tariff quotas are opened for goods originating in Canada as set out in the Annex.
   Article 2
   The goods listed in the Annex originating in Canada and declared for release for free circulation in the Union shall, within the respective tariff quotas set out in the Annex, be exempted from the customs duties applicable to imports into the Union.
   Article 3
   The tariff quotas set out in the Annex shall be managed in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.
   Article 4
   In order to be eligible to benefit from the tariff quotas set out in this Regulation, the goods listed in the Annex shall comply with the rules of origin set out in Annex 5 to the Protocol on Rules of Origin and Origin Procedures attached to the Comprehensive Economic and Trade Agreement between Canada of the one part, and the European Union and its Member States, of the other part, and be accompanied by a valid origin declaration as set out in Annex 2 to that Protocol.
   Article 5
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   It shall apply from 21 September 2017.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 28 September 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 269, 10.10.2013, p. 1.

      (2)  Council Decision (EU) 2017/38 of 28 October 2016 on the provisional application of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 11, 14.1.2017, p. 1080).

      (3)  Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

      (4)  Notice concerning the provisional application of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 238, 16.9.2017, p. 9).

      ANNEX
      Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products in the fourth column of the table is to be considered as having no more than an indicative value. The preferential scheme is determined, within the context of this Annex, by the scope of the CN codes set out in the second column of the table as applicable at the time of adoption of this Regulation. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN codes and corresponding description of the products in the fourth column of the table taken together.

                  Order No

                  CN code

                  TARIC subdivision

                  Description of products

                  Quota period

                  Quota volume (in tonnes net weight unless otherwise specified)

                  09.8400

                  ex 0201 10 00

                  93

                  Carcases and half-carcases of bison, fresh or chilled

                  From 21.9.2017 to 31.12.2017

                  841 tonnes carcass weight equivalent

                  From 1.1.2018 to 31.12.2018 and for each year thereafter from 1.1 to 31.12

                  3 000  tonnes carcass weight equivalent

                  ex 0201 20 20

                  93

                  ‘Compensated’ quarters of bison with bone in, fresh or chilled

                  ex 0201 20 30

                  93

                  Unseparated or separated forequarters of bison, with bone in, fresh or chilled

                  ex 0201 20 50

                  93

                  Unseparated or separated hindquarters of bison, with bone in, fresh or chilled

                  ex 0201 20 90

                  20

                  Other cuts of bison with bone in, fresh or chilled

                  ex 0201 30 00  (1)

                  30

                  Boneless meat of bison, fresh or chilled

                  ex 0202 10 00

                  20

                  Carcases and half-carcases of bison, frozen

                  ex 0202 20 10

                  20

                  ‘Compensated’ quarters of bison with bone in, frozen

                  ex 0202 20 30

                  20

                  Unseparated or separated forequarters of bison, with bone in, frozen

                  ex 0202 20 50

                  20

                  Unseparated or separated hindquarters of bison, with bone in, frozen

                  ex 0202 20 90

                  20

                  Other cuts of bison with bone in, frozen

                  ex 0202 30 10  (1)

                  20

                  Forequarters, whole or cut into a maximum of five pieces, each quarter being in a single block; ‘compensated’ quarters in two blocks, one of which contains the forequarter, whole or cut into a maximum of five pieces, and the other, the hindquarter, excluding the tenderloin, in one piece, of bison, boneless and frozen

                  ex 0202 30 50  (1)

                  20

                  Crop, chuck-and-blade and brisket cuts, of bison, boneless and frozen (2)

                  ex 0202 30 90  (1)

                  20

                  Other boneless meat of bison, frozen

                  ex 0206 10 95

                  20

                  Thick skirt and thin skirt of bison, fresh or chilled

                  ex 0206 29 91

                  31
                  40

                  Thick skirt and thin skirt of bison, frozen

                  ex 0210 20 10

                  10

                  Meat of bison, with bone in, salted, in brine, dried or smoked

                  ex 0210 20 90  (3)

                  91

                  Boneless meat of bison, salted, in brine, dried or smoked

                  ex 0210 99 51

                  10

                  Thick skirt and thin skirt of bison, salted, in brine, dried or smoked

                  ex 0210 99 59

                  10

                  Other offal of bison meat, salted, in brine, dried or smoked

                  09.8403

                  0304 71 90

                  Frozen fillets of cod of the species Gadus morhua and Gadus ogac

                  From 21.9.2017 to 31.12.2017

                  281

                  0304 79 10

                  Frozen fillets of Polar cod (Boreogadus saida)

                  From 1.1.2018 to 31.12.2018 and for each year thereafter from 1.1 to 31.12

                  1 000

                  09.8404 (4)

                  Frozen, smoked shrimps and prawns, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared, in immediate packings of a net content exceeding 2 kg:

                  From 21.9.2017 to 31.12.2017

                  6 446

                  From 1.1.2018 to 31.12.2018 and for each year thereafter from 1.1 to 31.12

                  23 000

                  ex 0306 16 91

                  10

                  Shrimps of the species Crangon crangon

                  ex 0306 16 99

                  21
                  31
                  91

                  Other cold-water shrimps and prawns (Pandalus spp.)

                  ex 0306 17 91

                  10

                  Deepwater rose shrimps (Parapenaeus longirostris)

                  ex 0306 17 92

                  21
                  91

                  Shrimps of the genus Penaeus

                  ex 0306 17 93

                  10

                  Shrimps of the family Pandalidae, other than of the genus Pandalus

                  ex 0306 17 94

                  10

                  Shrimps of the genus Crangon, other than of the species Crangon crangon

                  ex 0306 17 99

                  11
                  91

                  Other

                  Not frozen, smoked shrimps and prawns, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared, in immediate packings of a net content exceeding 2 kg:

                  ex 0306 95 19

                  10

                  Shrimps of the species Crangon crangon

                  ex 0306 95 20

                  21
                  91

                  Other cold-water shrimps and prawns (Pandalus spp.)

                  ex 0306 95 30

                  21
                  91

                  Shrimps of the family Pandalidae, other than of the genus Pandalus

                  ex 0306 95 40

                  10

                  Shrimps of the genus Crangon, other than of the species Crangon crangon

                  ex 0306 95 90

                  10

                  Other

                  1605 21 90

                  Prepared or preserved shrimps and prawns not in airtight containers, in immediate packings of a net content exceeding 2 kg

                  1605 29 00

                  Prepared or preserved shrimps and prawns in airtight containers

                  09.8405

                  0710 40 00

                  Sweetcorn (uncooked or cooked by steaming or boiling in water), frozen

                  From 21.9.2017 to 31.12.2017

                  374

                  2005 80 00

                  Sweetcorn (Zea mays var. saccharata), prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006

                  From 1.1.2018 to 31.12.2018

                  2 667

                  From 1.1.2019 to 31.12.2019

                  4 000

                  From 1.1.2020 to 31.12.2020

                  5 333

                  From 1.1.2021 to 31.12.2021

                  6 667

                  From 1.1.2022 to 31.12.2022 and for each year thereafter from 1.1 to 31.12

                  8 000

         (1)  At the declaration for release for free circulation of this product with a request to benefit from this tariff quota, the economic operator shall declare the order number 09.8401. The coefficient 1,3 shall be applied in the Commission's electronic quotas' system to convert the declared product net weight to carcass weight equivalent.

         (2)  Entry under this subheading is subject to the presentation of a certificate of authenticity issued in accordance with the conditions laid down in Commission Regulation (EEC) No 139/81 (OJ L 15, 17.1.1981, p. 4).

         (3)  At the declaration for release for free circulation of this product with a request to benefit from this tariff quota, the economic operator shall declare the order number 09.8402. The coefficient 1,35 shall be applied in the Commission's electronic quotas' system to convert the declared product net weight to carcass weight equivalent.

         (4)  Prepared or preserved shrimps and prawns exported from Canada under the origin quota applicable under order number 09.8310 as provided under Section B of Appendix A (Origin Quotas) to Annex 5 (Product specific rules of origin) of the Protocol on rules of origin or origin procedures attached to the Comprehensive Economic and Trade Agreement between Canada of the one part, and the European Union and its Member States, of the other part, shall not be imported into the Union under this tariff quota.