SECTION I U.K. General Provisions For Imports
Subsection I U.K. import duties on processed agricultural products
Article 3U.K.Components of import duties
1.For processed agricultural products listed in Table 1 of Annex I, the import duties fixed in the Common Customs Tariff shall consist of an agricultural component which is not part of an ad valorem duty and a non-agricultural component which is an ad valorem duty.
2.For processed agricultural products listed in Table 2 of Annex I, the import duties fixed in the Common Customs Tariff shall consist of an ad valorem duty and an agricultural component which is part of the ad valorem duty. Where, for processed agricultural products listed in Table 2 of Annex I, no ad valorem duty exists, the agricultural component for such products shall be deemed to be a part of the specific duty on those products.
Article 4U.K.Maximum rate of import duty
1.Where a maximum rate of duty is to be applied, the calculation method for determining that maximum rate of duty shall be fixed in the Common Customs Tariff pursuant to Article 31 TFEU.
2.Where, for processed agricultural products listed in Table 1 of Annex I, the maximum rate of duty consists of an additional duty on sugar and flour, the calculation method for determining that additional duty shall be fixed in the Common Customs Tariff pursuant to Article 31 TFEU.
Article 5U.K.Additional import duties intended to prevent or counteract adverse effects on the Union market
1.The Commission may adopt implementing acts, determining the processed agricultural products listed in Annex IV to which, when imported subject to the rate of duty laid down in the Common Customs Tariff, an additional import duty is to apply. Those implementing acts shall only be adopted in order to prevent or counteract adverse effects on the Union market which may result from such imports and if:
(a)the imports are made at a price below the level notified by the Union to the WTO (‘the trigger price’); or
(b)the volume of imports in any year exceeds a certain level (‘the trigger volume’).
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).
2.Additional import duties shall not be imposed in accordance with paragraph 1 where the imports are unlikely to disturb the Union market, or where the effects of such additional import duties would, in view of the intended objective, be disproportionate.
3.For the purposes of paragraph 1(a), import prices shall be determined on the basis of the c.i.f. import prices of the consignment under consideration.
C.i.f. import prices shall be checked against the representative prices for the product on the world market or on the Union import market for that product.
The representative prices shall be determined at regular intervals on the basis of data collected under the Community surveillance system established pursuant to Article 308d of Commission Regulation (EEC) No 2454/1993(1).
4.The trigger volume shall be based on market access opportunities defined as imports as a percentage of the corresponding domestic consumption during the three years preceding the year in which the adverse effects referred to in paragraph 1 arise or seem likely to arise.
5.The Commission may adopt implementing acts containing measures necessary for the application of this Article, in particular those concerning the time limits for proving the import price and for submitting documentary evidence. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).
6.The Commission may adopt implementing acts without applying the procedure referred to in Article 44(2) or (3), as regards the products identified in accordance with paragraph 1:
(a)fixing the representative prices and trigger volumes for the purposes of applying additional import duties;
(b)fixing the level of the additional import duties in accordance with the rules set out in international agreements concluded or provisionally applied by the Union in accordance with the TFEU.
7.The Commission shall publish the trigger prices referred to in paragraph 1(a) in the Official Journal of the European Union.
Subsection II U.K. import of ovalbumin and lactalbumin
Article 6U.K.Imports licences for ovalbumin and lactalbumin
1.The import for release into free circulation of ovalbumin and lactalbumin may be made subject to presentation of an import licence, where such licence is necessary for the management of the markets concerned and, in particular, for the monitoring of trade in those products.
2.Without prejudice to measures taken in accordance with Article 14, Member States shall issue the import licences referred to in paragraph 1 to any applicant established in the Union, irrespective of that applicant’s place of establishment, unless an act adopted in accordance with Article 43(2) TFEU provides otherwise.
3.The import licences referred to in paragraph 1 shall be valid throughout the Union.
4.The issuing of the import licences referred to in paragraph 1 and the release into free circulation of the goods covered by the licence may be made subject to requirements as to the origin and provenance of the products concerned and to the presentation of a document issued by a third country or an entity that certifies, inter alia, the origin, the provenance, the authenticity and the quality characteristics of the products.
Article 7U.K.Security in respect of import licences
1.The issuing of the import licences referred to in Article 6 may be made subject to the lodging of a security guaranteeing that the economic operator will import the products within the period of validity of the import licence.
2.The security shall be forfeited in whole or in part if the products are not imported within the period of validity of the import licence.
3.However, the security shall not be forfeited if the products were not imported within that period due to force majeure or if the quantity which was not imported within that period is within the level of tolerance.
Article 8U.K.Delegated powers
The Commission shall be empowered to adopt delegated acts, in accordance with Article 42, concerning:
rules making the import of ovalbumin and lactalbumin for release into free circulation subject to presentation of an import licence;
rules on the rights and obligations deriving from the import licence and its legal effects;
the cases in which a tolerance applies as regards compliance with the obligation to import the quantity mentioned in the licence or in which the origin is to be indicated in the licence;
rules on the issuing of the import licence or rules making the release into free circulation of the goods covered by the licence subject to the presentation of a document issued by a third country or an entity certifying, inter alia, the origin, the provenance, the authenticity and the quality characteristics of the products;
rules on the transfer of the import licence or restrictions on such transfer;
the cases in which the presentation of an import licence is not required;
rules making the issuing of the import licences referred to in Article 6 subject to the lodging of a security.
Article 9U.K.Implementing powers
The Commission shall, where necessary, adopt implementing acts, concerning:
the format and the content of the import licence;
the submission of applications for import licences, the issuing of those licences and their use;
the period of validity of the import licence, the amount of security to be lodged and the procedure for lodging it;
the evidence needed to prove that the requirements for the use of import licences have been fulfilled;
the level of tolerance as regards compliance with the obligation to import the quantity mentioned in the import licence;
the issuing of replacement import licences and duplicate import licences;
the treatment of import licences by Member States and the exchange of information needed for the management of the system, including the procedures relating to the specific administrative assistance between Member States.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).
Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).