Commission Delegated Regulation (EU) 2020/760Show full title

CHAPTER III U.K. Specific tariff quotas pursuant to Article 185 of Regulation (EU) No 1308/2013

Article 18 U.K. Opening of the quotas

1. Two quotas for imports of a maximum quantity of 2 000 000 tonnes of maize falling under CN code 1005 90 00 and 300 000 tonnes of sorghum falling under CN code 1007 90 00 from third countries, for release for free circulation in Spain, shall be opened each year from 1 January.

2. One tariff quota for imports of a maximum quantity of 500 000 tonnes of maize falling under CN code 1005 90 00 from third countries, for release for free circulation in Portugal, shall be opened each year from 1 January.

Article 19 U.K. Administration of the quotas

1. The quantities for import into Spain referred to in Article 18(1) shall be reduced in proportion to any quantities of residues of starch manufacture from maize falling within CN codes 2303 10 19 and 2309 90 20, brewing and distilling dregs and waste falling within CN code 2303 30 00 and citrus pulp residues falling within CN code ex 2308 00 40 imported into Spain from third countries during the year concerned.

2. The Commission shall book for the quotas referred to in Article 18(1) and (2):

(a) the quantities of maize falling under CN code 1005 90 00 and sorghum falling under CN code 1007 90 00 imported into Spain and the quantities of maize falling under CN code 1005 90 00 imported into Portugal during each calendar year;

(b) the quantities of residues of starch manufacture from maize, brewing and distilling dregs and waste and residues of citrus pulp, referred to in paragraph 1, imported into Spain during each calendar year.

3. For the purposes of booking quantities for the quotas referred to in Article 18(1) and (2), imports in Spain and Portugal carried out under acts by which the Union granted specific trade concessions shall not be taken into account.

Article 20 U.K. Use of imported products and surveillance

1. The quantities of maize and sorghum referred to in Article 18(1) shall be allocated to processing or use in Spain. The quantities of maize referred to in Article 18(2) shall be allocated to processing or use in Portugal.

2. Maize and sorghum released for free circulation at zero duty in accordance with Article 21 shall remain under the customs surveillance or under administrative control of equivalent effect until they are used or processed.

3. The Member State concerned shall, if need be, take all necessary measures to ensure that the surveillance referred to in paragraph 2 is carried out. These measures shall include requiring importers to submit to any check considered necessary by the competent authorities and to keep specific records enabling the authorities to make such checks.

4. The Member State concerned shall immediately notify the Commission of the measures adopted pursuant to paragraph 3.

Article 21 U.K. Duty free imports

1. A zero import duty shall be applied from 1 April of each calendar year for imports of maize and sorghum into Spain and for imports of maize into Portugal, within the quantitative limits laid down in Article 18(1) and (2).

2. The imports referred to in paragraph 1:

(a) shall be managed according to the method referred to in Article 184(2)(b) of Regulation (EU) No 1308/2013;

(b) shall be covered by licences issued by the Spanish and Portuguese competent authorities.

The licences referred to in point (b) shall be valid only in the Member State in which they are issued.

3. From the date of application of the zero import duty defined in paragraph 1, the Commission shall publish on the sixth day of each month at the latest, by appropriate means, the quantities of the quotas referred to in Article 18(1) and (2) which are available on the first day of each month.

Article 22 U.K. Security at application and performance security

1. The security referred to in Article 4, the rate of which is set out in Annex II to Implementing Regulation (EU) 2020/761 shall be lodged by the applicant with the licence issuing authority before the end of the application period.

2. In addition to the security referred to in paragraph 1, the issue of the licence shall be subject to a performance security being available by the date of release for free circulation at the latest.

3. The rate of the performance security referred to in paragraph 2 shall be equal to the import duty for maize and sorghum, fixed in accordance with Commission Regulation (EU) No 642/2010(1) and applicable on the day of licence application.

Article 23 U.K. Specific rules on transfer of licences

By way of derogation from Article 6 of Delegated Regulation (EU) 2016/1237, the rights arising from import licences shall not be transferable.

Article 24 U.K. Release and forfeiture of the performance security

1. Without prejudice to the surveillance measures adopted pursuant Article 20(2), the performance security referred to in Article 22(2) shall be released where the importer provides proof that:

(a) the imported product has been processed or used in the Member State of release for free circulation; that proof may be provided in the form of a sale invoice to a processor established in the Member State of release for free circulation;

(b) the product could not be imported, processed or used for reasons of force majeure;

(c) the imported product has become unsuitable for any use whatsoever.

2. The proof referred to in paragraph 1 shall be provided within 18 months of the date of acceptance of the declaration of release for free circulation, failing which the security shall be forfeited.

3. For the purposes of this Article, the processing or utilisation of the imported product shall be considered to have been effected if 95 % of the quantity released for free circulation has been processed or used.

(1)

Commission Regulation (EU) No 642/2010 of 20 July 2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No 1234/2007 (OJ L 187, 21.7.2010, p. 5).