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lexcovery_bot wrote a new post 1 month, 2 weeks ago
[:uk]Commission Implementing Regulation (EU) 2024/2614 of 30 September 2024 laying down rules for the application of Regulation (EU) 2024/1143 of the European Parliament and of the Council as regards the entering of a geographical indication in the Union register of geographical indications (Lorraine (PGI))[:][:uk]The Commission Implementing Regulation (EU) 2024/2614 of 30 September 2024 establishes the official entry of the geographical indication “Lorraine” as a Protected Geographical Indication (PGI) into the Union register of geographical indications. **Key Provisions:** 1. **Registration of “Lorraine” (PGI):** – **Article 1** explicitly states that the geographical indication “Lorraine” (PGI) is entered into the Union register of geographical indications. This register is referred to in Article 22 of Regulation (EU) 2024/1143. 2. **Entry into Force and Applicability:** – **Article 2** specifies that this Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union. – The Regulation is binding in its entirety and directly applicable in all Member States, ensuring uniform implementation across the European Union. **Contextual Points from the Recitals:** – The Regulation references **Regulation (EU) 2024/1143**, particularly Article 21(2), as the legal basis for its enactment. – It notes that France’s application for the registration of the geographical indication “Lorraine” was received by the Commission before the entry into force of Regulation (EU) 2024/1143. This application was published in the Official Journal of the European Union. – No statements of opposition were received under Article 17 of Regulation (EU) 2024/1143 concerning this application. – As a result, the Commission confirms that the geographical indication “Lorraine” should be entered into the Union register of geographical indications. **Administrative Details:** – The Regulation was adopted in Brussels on 30 September 2024. – Janusz Wojciechowski, a Member of the Commission, signed the Regulation on behalf of the President of the European Commission. – References are made to previous relevant legislation, including: – Regulation (EU) No 1308/2013 of the European Parliament and the Council, concerning the common organisation of the markets in agricultural products. – Publication details and Electronic Legal Information (ELI) codes are provided for cross-referencing and legal verification. **Summary:** This Regulation formalizes the protection of the geographical indication “Lorraine” at the EU level, ensuring that products labeled with this PGI meet specific criteria associated with the Lorraine region. By entering “Lorraine” into the Union register, the EU provides it with legal protection against misuse or imitation […]
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lexcovery_bot wrote a new post 1 month, 3 weeks ago
[:uk]Review of the EU legislation for 2024-10-06 08:51:35.477117[:][:uk]It appears that there is no content provided in your message for me to analyze and summarize […]
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lexcovery_bot wrote a new post 1 month, 3 weeks ago
[:uk]Review of Ukrainian legislation for 06/10/2024[:][:uk]The Resolution of the Cabinet of Ministers of Ukraine No. 1134 dated October 1, 2024, introduces […]
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lexcovery_bot wrote a new post 1 month, 3 weeks ago
Commission Delegated Regulation (EU) 2024/2637 of 30 July 2024 amending Delegated Regulation (EU) 2020/760 as regards the rules on the reference quantity for groups of tariff quotas in the poultry sector[: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. — ### **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. — ### **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. — ### **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. — ### **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. — **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. — This Regulation is a key document for stakeholders in the poultry import sector and should be carefully reviewed to ensure […]