[:uk]**Commission Delegated Regulation (EU) 2024/2637 of 30 July 2024**
**Subject:** Amendment of Delegated Regulation (EU) 2020/760 regarding the rules on reference quantities for groups of tariff quotas in the poultry sector.
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### **Overview**
This Regulation introduces amendments to the existing rules governing the calculation and application of reference quantities for import tariff quotas in the poultry sector. Specifically, it modifies Article 9, paragraphs 6 and 7, of Delegated Regulation (EU) 2020/760 to adjust the grouping of certain tariff quotas and alter how importers calculate their reference quantities when applying for import licenses.
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### **Key Provisions**
1. **Amendment of Article 9 of Delegated Regulation (EU) 2020/760**
– **Replacement of Paragraphs 6 and 7:** The Regulation replaces the existing text of Article 9(6) and 9(7) with new provisions that redefine the grouping of certain tariff quotas and the calculation method for reference quantities within these groups.
2. **Calculation of Reference Quantities**
– **General Rule (Article 9(1) and 9(2)):** Importers may apply for import licenses under a specific tariff quota only up to a limited quantity, termed the “reference quantity.” This reference quantity is calculated based on the quantities of products they have previously imported and released for free circulation in the Union under the same tariff quota number and from the same origin.
3. **Derogation from the General Rule**
– **New Groupings for Cumulative Calculation (Article 9(6)):** The Regulation provides a derogation from the general rule by allowing importers to calculate their reference quantities cumulatively across specified groups of tariff quotas instead of individually. The new groupings are:
– **Group A:** Tariff quotas under order numbers 09.4211, 09.4212, and 09.4290.
– **Group B:** Tariff quotas under order numbers 09.4214 and 09.4215.
– **Group C:** Tariff quotas under order numbers 09.4410, 09.4411, and 09.4289.
– **Removal of Certain Tariff Quotas from Groupings:** Tariff quotas under order numbers 09.4213, 09.4216, and 09.4412 are no longer included in these groupings. Importers must now calculate reference quantities for these tariff quotas individually, based on imports under each specific tariff quota number and origin.
4. **Application of Reference Quantities (Article 9(7))**
– **Total Quantity Limitation:** For each group specified in Article 9(6), the total quantity of products covered by an importer’s license applications during the tariff quota period cannot exceed the importer’s total reference quantity for that entire group.
– **Flexibility in Allocation:** Importers have the discretion to allocate their total reference quantity among the different tariff quotas within the same group as they see fit when submitting license applications.
5. **Objective of the Amendments**
– **Preventing Market Distortions:** The amendments aim to minimize the risk of market distortions by ensuring that importers cannot leverage cumulative reference quantities to obtain disproportionate shares of import licenses, especially in light of recent legislative changes that have removed duties on imports from Ukraine.
– **Fair Access for Operators:** By adjusting the groupings and calculation methods, the Regulation seeks to ensure fair access to import licenses for all interested operators.
6. **Entry into Force and Application**
– **Effective Date:** The Regulation enters into force seven days after its publication in the Official Journal of the European Union.
– **Applicability:** The new provisions apply to tariff quota periods that start after the entry into force of this Regulation, ensuring that ongoing quota periods are not disrupted.
7. **Legal Nature of the Regulation**
– **Binding and Directly Applicable:** The Regulation is binding in its entirety and directly applicable in all EU Member States, meaning that it does not require transposition into national law and takes immediate effect.
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### **Implications for Importers**
– **License Applications:** Importers must adjust their strategies for license applications to comply with the new grouping arrangements and reference quantity calculations.
– **Reference Quantity Calculation:** Importers can no longer include quantities from the removed tariff quotas (09.4213, 09.4216, and 09.4412) in their cumulative reference quantity calculations for the specified groups.
– **Allocation Flexibility:** While importers retain flexibility in allocating their reference quantities within a group, they must ensure that the total quantities applied for do not exceed their calculated reference quantities for that group.
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### **Conclusion**
Commission Delegated Regulation (EU) 2024/2637 modifies the calculation and application of reference quantities for certain tariff quotas in the poultry sector. By redefining groupings and adjusting reference quantity rules, it seeks to promote fair competition, prevent market distortions, and ensure equitable access to import licenses for all operators within the European Union.
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**Legal References:**
– **Delegated Regulation (EU) 2020/760:** Supplements Regulation (EU) No 1308/2013 regarding import and export tariff quotas for agricultural products.
– **Regulation (EU) No 1308/2013:** Establishes a common organization of the markets in agricultural products.
– **Regulations (EU) 2022/870, (EU) 2023/1077, (EU) 2024/1392:** Provide for the elimination of duties on imports from Ukraine, relevant to the context of this Regulation.
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This Regulation is a key document for stakeholders in the poultry import sector and should be carefully reviewed to ensure compliance with the new requirements.[:]
