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[: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 […]

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 […]

Council Decision (EU) 2024/2606 of 23 September 2024 establishing the position to be taken on behalf of the European Union within the Partnership Council established by the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, as regards modifications to Annex 3 to that Agreement[:uk]The Council Decision (EU) 2024/2606 of 23 September 2024 establishes the position to be taken on behalf of the European Union (EU) within the Partnership Council formed under the Trade and Cooperation Agreement (TCA) between the EU and the United Kingdom (UK). Specifically, it addresses modifications to Annex 3 of the TCA, which contains the Product Specific Rules of Origin (PSRO). Under Article 7(4)(c) and Article 68 of the TCA, the Partnership Council has the authority to amend Chapter 2, “Rules of Origin,” and its related annexes, including Annex 3. Annex 3 outlines the PSRO, detailing the specific working or processing required on non-originating materials for a product to obtain originating status under the Agreement. The current Annex 3 is based on the Harmonized System (HS) 2017 version, an internationally standardized nomenclature for classifying traded products. Since amendments to the HS were introduced on 1 January 2022, resulting in the HS 2022 version, it’s necessary to update Annex 3 to align with these changes. The modifications involve adjusting the wording of chapters, headings, and subheadings and adapting the PSRO to reflect the HS 2022 version accurately. Due to the extensive number of amendments required, Annex 3 will be replaced in its entirety for clarity. The changes ensure that the PSRO correspond correctly with the updated HS classifications. In some cases, products have moved between different chapters or headings due to the HS updates. To maintain consistency, the PSRO have been modified accordingly for these products. This adjustment was necessary only for a few headings, specifically 24.03, 24.04, 38.27, 84.79, and 85.24. Decision No 1/2023 of the Partnership Council stipulates that Annex 3 should not be amended for products listed in Annex 5 of the TCA, except when updates to the HS necessitate such amendments. The current modifications comply with this stipulation, as they do not introduce changes to the products listed in Annex 5 beyond those required by the HS updates. Article 1 of the Council Decision confirms that the EU’s position within the Partnership Council is as set out in the draft Decision attached to the Decision. Article 2 states that the Decision of the Partnership Council will be published in the Official Journal of the European Union. Article 3 specifies that the Decision will enter into force on the date of its adoption. The attached draft Decision of the Partnership Council mirrors these provisions. It formally replaces Annex 3 of the TCA with the updated Annex 3, as set out in Annex 1 of the Decision. The new Annex 3 contains the revised PSRO, aligned with the HS 2022 version. Article 2 of the draft Decision notes that it will enter into force 60 days after the date of its adoption. In summary, the Council Decision facilitates the update of the PSRO in Annex 3 of the TCA to reflect the HS 2022 nomenclature. This ensures that the classification of products and the associated rules of origin are accurate and up-to-date, maintaining the efficacy and […]

Review of Ukrainian legislation for 05/10/2024[:uk]The Cabinet of Ministers of Ukraine has adopted Resolution No. 1134, which modifies the deadlines for […]

On the amendment to paragraph 34 of the Procedure for the conscription of citizens for military service during mobilization in a special period.[:uk]The […]