Delegated regulation 2020/760 - Supplement to Regulation 1308/2013 as regards the rules for the administration of import and export tariff quotas subject to licences and supplementing Regulation 1306/2013 as regards the lodging of securities in the administration of tariff quotas - Main contents
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official title
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| Legal instrument | delegated regulation |
|---|---|
| Number legal act | Delegated regulation 2020/760 |
| Regdoc number | C(2019)8956 |
| CELEX number i | 32020R0760 |
| Document | 17-12-2019; Date of adoption |
|---|---|
| Publication in Official Journal | 12-06-2020; OJ L 185 p. 1-23 |
| Effect | 19-06-2020; Entry into force Date pub. +7 See Art 27 01-01-2021; Application At the earliest See Art 27.1 |
| End of validity | 31-12-9999 |
12.6.2020 |
EN |
Official Journal of the European Union |
L 185/1 |
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
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 (1), and in particular Article 185, Article 186, and Article 223(2) 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 (2), and in particular Articles 64(6) and 66(3) thereof,
Whereas:
(1) |
Regulation (EU) No 1308/2013 lays down rules regarding the management of tariff quota and special treatment of imports by third countries. It also empowers the Commission to adopt related delegated and implementing acts, in order to ensure smooth management of tariff quotas. |
(2) |
In order to guarantee sound management of tariff quotas, eligibility requirements that an operator has to fulfil to submit an application for the licence within a tariff quota need to be laid down. |
(3) |
To ensure that the obligation to import or export is complied with within the period of validity of the licence, the licences within tariff quotas should be issued subject to the lodging of a security. Derogations need to be established for the cases when the export licence is only intended to prove the Union origin of the exported products. Provisions should be laid down on the release and forfeiture of the security lodged for the participation in the tariff quotas. |
(4) |
To ensure transparency and to enable the competent authorities to detect violations of the rules for the administration of tariff quotas, and in particular of the eligibility requirements, it is appropriate to require, for certain over-demanded tariff quotas, that the licence holders’ name and addresses be published on the official website of the Commission for a limited period of time. |
(5) |
To ensure compliance with the rules on eligibility within tariff quotas, it is appropriate to lay down specific rules regarding the transferability of a licence within tariff quotas. Transfers should be possible only to transferees satisfying the same eligibility criteria as the applicant for a licence within a tariff quota. |
(6) |
In order to minimise speculative applications, one of the conditions for applying for a licence within certain tariff quotas listed in Commission Implementing Regulation (EU) 2020/761 (3) should be the past experience and involvement of an operator in the trade concerned with third countries. It is therefore necessary to lay down detailed rules regarding proof of the minimum experience in that trade with third countries. |
(7) |
Certain tariff quotas are considered to be sensitive, among other reasons, because they are over-demanded in a quota period or in one or more sub-periods, concern a product or a country of origin of particular importance for the proper functioning of the Union market, or because the rules for their administration have... |
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