Regulation (EU) No 1308/2013 of the European Parliament and of the CouncilDangos y teitl llawn

CHAPTER III U.K. Tariff quota management and special treatment of imports by third countries

Article 184 U.K. Tariff quotas

[F1 1. Tariff quotas for the import of agricultural products for release into free circulation in the Union or a part thereof, or tariff quotas for imports of Union agricultural products into third countries, which are to be partly or fully administered by the Union, resulting from international agreements concluded in accordance with the TFEU or any other act adopted in accordance with Article 43(2) or Article 207 TFEU, shall be opened and/or administered by the Commission by means of delegated acts pursuant to Article 186 of this Regulation and implementing acts pursuant to Article 187 of this Regulation.]

2. Tariff quotas shall be administered in a manner which avoids any discrimination between the operators concerned, by applying one of the following methods or a combination of them or another appropriate method:

(a) a method based on the chronological order of the submission of applications ("first come, first served" principle);

(b) a method of distribution in proportion to the quantities requested when the applications were submitted (the "simultaneous examination method");

(c) a method based on taking traditional trade patterns into account (the "traditional/newcomers method").

3. The method of administration adopted shall:

(a) for import tariff quotas, give due weight to the supply requirements of the existing and emerging Union production, processing and consumption market in terms of competitiveness, certainty and continuity of supply and the need to safeguard the equilibrium of that market; and

(b) for export tariff quotas, permit the full use of the possibilities available under the quota concerned.

Textual Amendments

F1 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

Article 185 U.K. Specific tariff quotas

In order to give effect to tariff quotas for import into Spain of 2 000 000 tonnes of maize and 300 000 tonnes of sorghum and tariff quotas for import into Portugal of 500 000 tonnes of maize, the Commission shall be empowered to adopt delegated acts, in accordance with Article 227, establishing the provisions necessary for carrying out the tariff quota imports and, where appropriate, the public storage of the quantities imported by the paying agencies of the Member States concerned and their disposal on the markets of those Member States.

Article 186 U.K. Delegated powers

1. In order to ensure fair access for the quantities available and the equal treatment of operators within the tariff quota, the [F2 Secretary of State may make regulations]:

(a) determining the conditions and eligibility requirements that an operator has to fulfil to submit an application within the tariff quota; the provisions concerned may require a minimum experience in trade with [F3 other] countries and assimilated territories, or in processing activity, expressed as a minimum quantity and period of time in a given market sector; those provisions may include specific rules to suit the needs and practices in force in a certain sector and the uses and needs of the processing industries;

(b) establishing rules on the transfer of rights between operators and, where necessary, the limitations to such transfer within the management of the tariff quota;

(c) making participation in the tariff quota subject to the lodging of a security;

(d) providing, where necessary, for any particular specific characteristics, requirements or restrictions applicable to the tariff quota as set out in the international agreement or other act referred to in Article 184(1).

2. In order to ensure that exported products may benefit from a special treatment on importation into [F4 another] country under certain conditions, pursuant to international agreements [F5 to which the United Kingdom is a party, the Secretary of State may make regulations laying down the circumstances in which the competent authority is required] to issue, on request and after appropriate checks, a document certifying that the conditions are met for products that, if exported, may benefit from a special treatment on importation into [F4 another] country if certain conditions are respected.

Textual Amendments

F2 Words in Art. 186(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 29(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in Art. 186(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 29(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in Art. 186(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 29(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 186(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 29(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 187 U.K. Implementing powers in accordance with the examination procedure

The [F6 Secretary of State may make regulations] laying down:

(a)

the annual tariff quotas, if necessary suitably phased over the year, and the method of administration to be used;

(b)

procedures for the application of the specific provisions laid down in the agreement or act adopting the F7 ... export regime, in particular, on:

(i)

guarantees covering the nature, provenance and origin of the product;

(ii)

recognition of the document used for verifying the guarantees referred to in point (i);

(iii)

F8 ...

(iv)

destination and use of the products;

(c)

the period of validity of the licences or of the authorisations;

(d)

the procedures for, and the amount of, the security to be lodged;

(e)

F9 ...

(f)

F10 ...

(g)

necessary measures concerning the content, form, issue and use of the document referred to in Article 186(2).

F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Words in Art. 187 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 30(a); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 187(b) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 30(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 187(b)(iii) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 30(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 187(e) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 30(c); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 187(f) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 30(c); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 187 omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 30(d); 2020 c. 1, Sch. 5 para. 1(1)

[F1 Article 188 U.K. Allocation process for tariff quotas

1. The [F12 Secretary of State] shall make public, via an appropriate web-publication, the results of tariff quota allocation for the applications notified taking into account the tariff quotas available and the applications notified.

2. The publication referred to in paragraph 1 shall also make reference, when appropriate, to the need of rejecting pending applications, suspending the submission of applications or allocating unused quantities.

3. [F13 The Secretary of State] shall issue import licences and export licences for the quantities applied for within the import tariff quotas and export tariff quotas, subject to the respective allocation coefficients and after they are made public by the [F14 Secretary of State] in accordance with paragraph 1.]

Textual Amendments

F1 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F12 Words in Art. 188(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 26(a); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 188(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 26(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 188(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 26(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)