Trade mechanisms review 13 March 2019 AGRI. G Trade mechanisms review 13 March 2019 AGRI.G.1 - Governance of the agri-food markets

DRAFT TRQ DELEGATED REGULATION

Recitals Re-wording To provide better justifications for the various requirements (e.g. proof of trade, reference quantity…) To ensure an appropriate link with the content of the articles

Art. 5 DA - Release and forfeiture of securities Proposal CZ, for feedback of the other MSs: Art 5(1): “Article 7 of Delegated Regulation (EU) 2016/1237 shall apply to the release and forfeiture of securities for a licence for a tariff quota, except for paragraph 4 of that Article “. Art.7(4): “If the total amount of the security which would be forfeit comes to EUR 100 or less for a given licence, the licence issuing authority shall release the whole security”

Art. 8 DA - Proof of trade Calculation: with imports and exports Products in the relevant sector -> Annex I Reg 1308/2013 Garlic and mushrooms -> Part IX on fruits and vegetables Exceptions: beef&veal; Canada pigmeat 09.4282; cheese export quota opened by the US; New Zealand butter 09.4195 and 09.4182

Art. 8 DA - Proof of trade In paragraph 3, the following provision has been eliminated, to avoid misunderstandings: “Any of the documents provided for in points (a) to (c) can be used only once as a proof of trade“

Art. 8 DA - Proof of trade In paragraph 6, the following provision has been eliminated, because not needed -> Art. 13 applies anyway. “Where erroneous proof of trade is provided by the operators, Article 13 of this Regulation shall apply.“

Art. 9 DA – Reference quantity Paragraph 1 - New provision: “The reference quantity of an operator shall not exceed 15 % of the quantity available for the TRQ concerned in the relevant TRQ period”

Art. 9 DA – Reference quantity Paragraph 6 – Re-drafting: “for tariff quotas under order numbers 09.4211 and 09.4212, the total quantity of products covered by licence applications submitted in the tariff quota period or sub-period for the two tariff quotas together shall not exceed the applicant’s total reference quantity for those two tariff quotas. The applicant may choose how to sub-divide its reference quantities to apply for these tariff quotas. This rule shall also apply to the use of the reference quantity for tariff quotas under order numbers 09.4214 and 09.4215 and to the use of the reference quantity for tariff quotas under order numbers 09.4410 and 09.4411”

Art. 10 DA – Proof of reference quantity Paragraph 3: CZ proposal Replace: ”Member States shall take the necessary steps enabling their licence issuing authorities to compare the information on invoices, import licences and customs declarations” With: “Licence issuing authorities should compare the information on invoices, import licences and customs declarations” -> waiting for LS feedback

Art. 11 – LORI registration Former paragraph 9 has been deleted -> LS judged it redundant “The competent licence issuing authority shall make available to the Commission, through the LORI electronic system, a list of newly registered operators with their LORI records and a list of operators that have updated their LORI records, with their LORI records”

Art. 15 - Penalties Paragraph 3 deleted after LS suggestion -> Reg. 1306/2013 applies anyway “The exceptions provided for in Article 64(2) of Regulation (EU) No 1306/2013 shall apply”

Art. 16 – Notifications For LORI TRQs, it has been deleted the obligation to notify, for each operator, the quantities covered by import licences issued -> The obligation to notify, for each operator, the quantities applied for remains

QUESTIONS FOR TAXUD

Amendment customs declaration Subject to few limited restrictions, the amendment of the customs declaration may be permitted by the customs authorities upon application by the declarant, within three years of the date of acceptance of the customs declaration.

Amendment customs declaration A. The declaration may be changed in any way before it is accepted. B. The customs authorities shall permit the modification after the acceptance except where: they have informed the declarant that they intend to examine the goods; they have established that the particulars of the customs declaration are incorrect; they have released the goods. C. Even if the goods are released, the declarant has three years of the date of acceptance of the customs declaration to ask for the amendment, but only in order to comply with his obligations relating to the placing of the goods under the customs procedure concerned. It means that for point C, only some data can be changed in the declaration (e.g. he cannot ask for the change of the customs procedure, from import to warehouse). -> the invoice may be changed in all cases within the 3 years time limit.

Licence holder in customs declaration No special field (Data Element) in the customs declaration where titular holder of TRQ licence must be specifically indicated. TAXUD suggests to encode it in the Data Element 2/3 (Documents produced, certificates and authorisations, additional references) Data element 3/39 cannot be used: only codes listed in Annex A can be declared in DE 3/39. OK format suggested by BG First part: L001 or X001 (TARIC code for the AGRIM/AGREX licence) Second part: EORI