Trade mechanisms 14 February 2018 AGRI. G

Slides:



Advertisements
Similar presentations
Presentation on the Agreement on Import Licensing Procedures By Shashank Priya, Director, Department of Commerce.
Advertisements

Click to edit Master title style 1 Financial aspects of closure European Commission Felix LOZANO, DG Agriculture and Rural Development.
Rule-Making Book II EU Administrative Procedures – The ReNEUAL Draft Model Rules 2014 Brussels, May th Herwig C.H. Hofmann University of Luxembourg.
CHINA: MES? The concerns of the EU Industry Fondation Madariaga - 22 June 2012 Inès Van Lierde - Chair of BUSINESSEUROPE TPI Working Group.
Extraordinary General Shareholders’ Meeting Brussels, 13 April 2011.
CEEC's seminars 1 Exporting from and importing to the EU: « regulatory and operational aspects » The EU Common Market Organisation for Milk Presentation.
Rules of origin.
Existing EU Regulations concerning pesticide statistics and Latvia experience in pesticide statistics Guna Karlsone, CSB of Latvia.
S3: Module D Physikalisch-Technische Bundesanstalt Session 3: Conformity Assessment Module D Peter Ulbig, Harry Stolz Belgrade, 31 October.
Export Control System (Exit Summary Declaration) Implementation 01/01/2011.
WORLD MEETING OF CUSTOMS LAW BRUSSELS , September “ Studies on Harmonization of Customs Law and Contributions of the Academy for updating and.
© 2011 T.C. Kamu İhale Kurumu. © 2011 T.C. Kamu İhale Kurumu Public Procurement Authority Electronic Public Procurement Platform E-Procurement: Legal Framework.
Info Day on New Calls and Partner Café Brussels, 10 February 2011 How to apply: Legal Framework – Beneficiaries – Application and Selection Procedure.
1 INTERREG IIIB “ATLANTIC AREA” Main points of community regulation 438/2001 financial management and control systems EUROPEAN COMMISSION SPAIN.
Green Partnerships Local Partnerships for Greener Cities and Regions 1st Reporting /Presage Other administrative issues Portugal, 8-10 July 2013.
Overview of the EU Food Safety Requirements
1 Certification of Community Origin Presenter Bernard Black Senior Project Officer – Customs & Trade Policy CARICOM Secretariat.
New Implementing Regulation DG Enterprise on the Administrative Requirements for the approval and market surveillance of 2- or 3-wheel vehicles and quadricycles.
Director of the General Department for Analysis and Regulation of Foreign Economic Activity of the Ministry of Economic Development of the Russian Federation.
State of implementation of the decision III/6f regarding Ukraine (MOP 2, June, , 2008, Riga, Latvia)
Preparation of future ENI CBC programmes - State of Play Vanessa De Bruyn (DG DEVCO) 3 December 2012.
CHINA The concerns of the EU Industry Press Club – 26 April 2013 Inès Van Lierde Chair of the BUSINESSEUROPE TPI Working Group Secretary General of EUROALLIAGES.
HORIZON 2020 Amendments to the Grant Agreement. Consequences The amended provisions become an integral part of the GA All other provisions remain unchanged.
EU legislation on customs brokers: overall view Jerzy Szczawiński Customs Service of the Republic of Poland TAIEX Workshop on the Functioning of the Customs.
1 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 29 – Customs union Bilateral screening:
1 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 29 – Customs union Bilateral screening:
EU-KOREA FREE TRADE AGREEMENT Customs Requirements
Activity processes of brokers in carrying out operations on the customs clearance of goods Activity processes of brokers in carrying out operations on.
1 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 29 – Customs union Bilateral screening:
EU - China 11 Guidelines for Applicants rules for applications European Union Delegation to China & Mongolia Beijing Information Session 14 th November.
1 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 29 – Customs union Bilateral screening:
1 Package on food improvement agents Food additives Food enzymes Flavourings Common procedure Developments since earlier consultation.
PRESENTATION OF MONTENEGRO
COUNCIL REGULATION No 259/93 (Legal framework) Ton Post / Kees van Hees VROM Inspection Notes.
Content of Tender Dossier - Instructions to Tenderers - Tenders
Structural Funds Financial Management and Control, Romania
The European Citizens’ Initiative
The Voluntary Pre-K Application in ePlan
Content of Tender Dossier Instructions to Tenderers
Drafting the Guidelines for applicants
Agenda 5.11 General Regulations
New Customs Legislation of the Eurasian Economic Union
Ex-ante conditionality – General guidance
TRACEABILITY REQUIREMENTS UNDER EU GENERAL FOOD LAW
Proposal for a Regulation on medical devices and Proposal for a Regulation on in vitro diagnostic medical devices Key Provisions and GIRP Assessment.
EU Programme for Authorised Economic Operators
STUDENT COURT HOW TO GUIDE
INTERREG IPA CBC “GREECE ALBANIA ”
INTERREG IPA CBC “GREECE ALBANIA ”
REPORTING and PAYMENT (in practice)
United States — Countervailing and Anti-dumping Measures on Certain Products from China Bijou, Promito, Vasily.
Technical Assistance for Development of a Strategy for Alignment with
Automated beef classification
Technical Assistance for Development of a Strategy for Alignment with
Legal basis classification
Technical Assistance for Development of a Strategy for Alignment with
Key obligations of the MS in CAP
ESF INFORMAL TWG Prague, 2-3 April 2009 Lump sums grants
FISHERIES AND ENVIRONMENT
Trade mechanisms review 13 March 2019 AGRI. G
The WTO-Agreement on Import Licensing
EU Programme for Authorised Economic Operators
Financial and Administrative presentation on PARTICULATES project
BPR AS Review Programme
EU Food Safety Requirements: - Hygiene of Foodstuffs -
Management & Control, Designation of Authorities State of play
State of play of the Customs-related aspects
The WTO-Agreement on Trade Facilitation
Contractual and Regulatory Framework
SIMPLIFIED MEASURES FOR CUSTOMER’S IDENTIFICATION
Presentation transcript:

Trade mechanisms 14 February 2018 AGRI. G Trade mechanisms 14 February 2018 AGRI.G.1 - Governance of the agri-food markets

Art. 8 - 9 DA (proof of trade & reference quantity) Clarification of the text: How proof of trade & reference quantity are calculated The maximum quantity an operator may obtain during a TRQ period shall be limited by its reference quantity.

Art. 14 IA (proof of trade) The current formulation of Art. 14(1)(a) is considered appropriate for both pre and post 2020: 1. Operators shall furnish the proof of trade referred to in Article 8 of Delegated Regulation 2018/ XX to the licence issuing authority either: (a) by means of customs data showing release for free circulation or export and containing a reference to the operator as declarant referred to in Article 5(15) of Regulation (EU) No 952/2013 or as importer referred to Annex B Title I Chapter 3 Group3 and in Title II Group 3 of Delegated Regulation (EU) 2015/2446 according to the national implementation by the Member State concerned; or […] Part in red modified according to DE suggestion (to avoid double use of the same customs declaration by both importer and declarant to apply for a licence ) S e c t i o n 2 C u s t o m s r e p r e s e n t a t i o n Article 18 - Customs representative 1. Any person may appoint a customs representative. Such representation may be either direct, in which case the customs representative shall act in the name of and on behalf of another person, or indirect, in which case the customs representative shall act in his or her own name but on behalf of another person. 2. A customs representative shall be established within the customs territory of the Union. Except where otherwise provided, that requirement shall be waived where the customs representative acts on behalf of persons who are not required to be established within the customs territory of the Union. 3. Member States may determine, in accordance with Union law, the conditions under which a customs representative may provide services in the Member State where he or she is established. However, without prejudice to the application of less stringent criteria by the Member State concerned, a customs representative who complies with the criteria laid down in points (a) to (d) of Article 39 shall be entitled to provide such services in a Member State other than the one where he or she is established. 4. Member States may apply the conditions determined in accordance with the first sentence of paragraph 3 to customs representatives not established within the customs territory of the Union.

Reference quantity Follow-up consultation with international units The calculation of reference quantity is based on the quantity of products released by the operator for free circulation Products exported are not included in the calculation

Reference quantity MSs are invited to provide their feedback on the following approach to the calculation of reference quantity: Strict approach (on CN codes/origin) for poultry "LORI" TRQ Flexible approach for beef & veal TRQ (09.4270 and 09.4003) -> keep the status quo

Art. 15 IA (reference quantity) The Article refers now to invoice and not "commercial" invoice anymore "invoice" means any invoice which relates to the declared transaction value -> no pro-forma The customs declaration must contain the invoice number (box 44) Invoice to be provided by operators to LIA only (not to customs anymore) Checks to be performed by LIA (not by customs) LIA compares "invoice number" in customs declaration with invoice presented to LIA

Art. 15 IA (reference quantity) UCC and Implementing Reg. 2015/2447 foresee the possibility to require invoices. UCC Art. 163: 1. The supporting documents required for the application of the provisions governing the customs procedure for which the goods are declared shall be in the declarant's possession and at the disposal of the customs authorities at the time when the customs declaration is lodged. 2. Supporting documents shall be provided to the customs authorities where Union legislation so requires or where necessary for customs controls. UCC IA Art. 145: The invoice which relates to the declared transaction value is required as a supporting document. In the new TRQ model, NO CHECKS TO BE PERFORMED BY CUSTOMS!!! (apart for the "usual" checks currently in place)

Art. 5 IA (Licence application) […] applications shall be admissible only if received by 13:00 hours Brussels time of the closing calendar date No working day -> the definition of working day differs among MS/regions/towns Up to LIA to decide if anticipate the date or ensure permanence in case the last calendar day is not working day

Art. 6 IA (licence application) The only TRQ for which operators may lodge more than one licence application per month are: TRQ managed with documents issued by third countries TRQ in Annex I.6 For ALL other TRQ: general rule applies

Art. 9(8) IA (LORI) HOW THE PROCESS WORKS: Before calculating the allocation coefficient, ISAMM runs a last check on LORI data For some applicants the Commission may request to check the LORI records Then the Commission calculates the coefficient, and publishes it within the deadline Licences are issued after the publication of the coefficient At least the 21st of the following month, LIA gives the answer on the questions on LORI records received the previous month. If the answer shows that the applicant did not have the right to ask a licence: The LIA has to reclaim the licence back from the titular holder When he would already have used the licence, the art. 13(4) DA applies. -> In case the applicant is proved to be without substantial activity, and it has submitted another application in month N+1 -> withdrawn MONTH N MONTH N+1

Art. 11(4) and (5) IA (licence validity) Rice and CA The licences validity will be shorter than in the current situation This is not expected to cause disruptions in the system -> provisions version 17 = version 16

Art. 21 IA (notifications) No more obligation of notifications for exports under the cheese quota opened by Canada For pet food to Switzerland no obligation is currently in place, so no new obligation will be introduced

Annex I New Annex I.7, listing 2 missing export quotas: - Cheese quota opened by USA - Milk powder quota opened by the Dominican Republic New titles for Annexes I.2 and I,4 to match Art. 3 draft IA

Annex I TRQ under Annex V to Agreement with Iceland approved by Decision (EU) 2017/1913 (-> Reg 2535/2001) – as from 1 May 2018 - 2 existing TRQ 09.4205 and 09.4206 are replaced by 09.4225 (Natural butter) and 09.4226 ("Skyr") New TRQ: 09.4227 (cheeses) TRQ 09.4277, 09.4278, 09.4279 taken out Temporary autonomous trade measures for Ukraine These quotas are not on a permanent basis : not included in horizontal Reg.

LORI: Request Operator Access Request user name Operator EU Login System Get user name Request access to ISAMM LORI form Reject Operator has access to ISAMM Accept Single Liaison Body (ex-NUA)

LORI: Workflow in ISAMM When operator has access to ISAMM Operator Prepare for sending Refuse + comments Communication Manager Reject + comments Send LORI Commission Accept

LORI: Encoding methods 1. Encode data in ISAMM web form 2. Upload XML document into ISAMM Drop file here Generated by your local IT system

? LORI IT Split of responsibilities for approval: Single Liaison Body (ex-NUA): it approves the access to ISAMM (for both operators and LIA employees) LIA: it approves the registration of the operators in LORI database (and performs the necessary checks)

? LORI IT IT unit will prepare a short manual on LORI, explaining: Single Liaison Body and access to ISAMM for operators MS licence issuing authority: role&responsibilities Operators: role&responsibilities Info for technical IT people in LIA when LORI database is finalized

Declaration of independence Field C: introduced a last cell, after the "signature", about the "status of signatory" (-> UK request)

Rice Obligation in Article 33 IA limited to the following TRQ: 09.4127 09.4128 09.4129 09.4149

No change with respect to the current proof of trade Garlic Made clear in the text of Art. 46(1)(a) IA that the proof of trade for "traditional importers" is related to import under TRQ licence No change with respect to the current proof of trade

Garlic Re-introduced the obligation to indicate the category of importer in the licence application (box 20) In licence it is not necessary, being TRQ "category-specific" (= mushrooms)

Beef & veal Art. 54 (1) IA: if TRQ preferential duty cannot apply, the next applicable duty is always MFN. No change to Art. 54

Art. 55 amended accordingly Beef & veal Created new Annex XVI to include the list of possible CN-codes currently in Annex I of R 382/2008 Art. 55 amended accordingly

Cheese quota opened by US Introduced in Art. 71 IA obligation of notification currently in place: "Member States shall notify to the Commission before 31 December the quantities broken down by CN code for which licences have been issued for the following quota year".

Cheese quota opened by Canada Introduced in Art. 74(3) IA a second option for licence titular holder: Present the original export licence Present a certified copy of the export licence (-> BE request)

? Milk & milk products Provisions in Articles: 7, 9, 10 (approval of milk operators prior licence application & notification to the Commission) 43, 44 (checks on reduced import duties) of Reg. 2535/2001 taken out for simplification (no mistake)

? Cereals TRQ 09.4131 (maize erga omnes) Question: why country of origin is compulsory on Section 8 of licence, being the TRQ "erga omnes"? For the moment, kept for the link with abatimento regime (need to know what quantities comes from Spain and Portugal). Under discussion with TAXUD -> feedback to be provided asap

? Cereals Proof of origin for 09.4123, 09.4125, 09.4131, 09.4133 according to Art.16(2) -> simplification "the origin declaration shall be provided on an invoice or any other commercial document that describes the originating product in sufficient detail to enable its identification."

Thank you

New version Art. 15(1) IA The reference quantity referred to in Article XX of Delegated Regulation 2018/… shall be established on the basis of a certified print out of the customs declaration finalised for release for free circulation: - pertaining to the products mentioned in the invoice referred to in Article 145 of Commission Implementing Regulation 2015/2447. - and indicating the licence applicant as a declarant referred to in Article 5 (15) of Regulation (EU) 952/2013 or as importer referred to Annex B Title I Chapter 3 Group3 and in Title II Group 3 of Delegated Regulation (EU) 2015/2446. The operator must ensure that the customs declaration for free circulation contains the invoice number referred to in Article 145 of Commission Implementing Regulation 2015/2447. The invoice shall be presented by the operator to the licence issuing authorities for establishing its reference quantity, and it should include at least the name of the importer or declarant, a detailed description of the product which enables unambiguous identification, and the invoice number. Member States shall take the necessary steps enabling their licence issuing authorities to compare the information on invoices, import licences and customs declarations with regard to the importer or declarant name, product description and invoice number. Such verifications shall be made in accordance with Member States' risk analysis.