Considerations on COM(2023)125 - Amendment of Regulation (EU) 2020/2170 as regards the application of Union tariff rate quotas and other import quotas to certain products transferred to Northern Ireland

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dossier COM(2023)125 - Amendment of Regulation (EU) 2020/2170 as regards the application of Union tariff rate quotas and other import quotas to ...
document COM(2023)125 EN
date June 14, 2023
 
table>(1)Article 1 of Regulation (EU) 2020/2170 of the European Parliament and of the Council (2) provides that goods imported from outside the Union are to be eligible for treatment pursuant to Union import tariff rate quotas or other import quotas only if those goods are released for free circulation in the territories listed therein. That provision addresses the risks to the proper functioning of the Union’s internal market and the integrity of the Common Commercial Policy that would arise from the possible circumvention of the Union tariff rate quotas or other import quotas. The territories set out in Article 1 of that Regulation do not include Northern Ireland.
(2)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 (3) (the ‘Trade and Cooperation Agreement’), provides for the opening by the Union of quotas with regard to imports into the Union of certain products originating in the United Kingdom. In addition, the Trade and Cooperation Agreement confers upon the Union the right to introduce tariff rate quotas or other import quotas with regard to imports of goods originating in the United Kingdom under certain circumstances, including as part of the application of multilateral safeguard measures in accordance with the WTO Agreement. It is necessary, therefore, to clarify whether goods originating in the United Kingdom and released for free circulation in Northern Ireland are eligible for treatment under those tariff rate quotas or other import quotas.

(3)The United Kingdom is bound by the arrangements laid down in the Protocol on Ireland/Northern Ireland (the ‘Protocol’) to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (4) (the ‘Withdrawal Agreement’). Therefore, the legal relationship between the Union and the United Kingdom in respect of goods originating in the United Kingdom and released for free circulation in Northern Ireland is fundamentally different from that between the Union and any other third country in respect of goods originating in such a third country and released for free circulation in Northern Ireland.

(4)The United Kingdom has provided evidence showing that certain steel products originating in the United Kingdom that are currently subject to safeguard measures under Commission Implementing Regulation (EU) 2019/159 (5) (the ‘products concerned’) have been transferred in significant quantities to Northern Ireland from other parts of the United Kingdom. In order to ensure the economic viability of those transfers and in view of the specific circumstances in Northern Ireland, it is appropriate to allow for the products concerned to benefit from the relevant Union tariff rate quotas when they are released for free circulation in Northern Ireland.

(5)In order to limit the risk of circumvention of the Union tariff rate quotas applicable to the products concerned by imports of the same products originating in other countries, when such products are released for free circulation in Northern Ireland, the products concerned should be consigned directly from other parts of the United Kingdom.

(6)Moreover, the United Kingdom has undertaken to take the necessary measures, in accordance with the Protocol, to ensure that the transfers of the products concerned using Union tariff rate quotas are counted against those quotas, as soon as such products are released for free circulation in Northern Ireland, in the same way as if those goods were imported into the Union.

(7)Since the need for importation into Northern Ireland of the products concerned might vary over time, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in order to adjust the list of the products concerned should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (6). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(8)Regulation (EU) 2020/2170 should therefore be amended accordingly.

(9)By virtue of Article 5(3) and (4) of the Protocol, in conjunction with Article 13(3) thereof, this Regulation would also apply to and in the United Kingdom in respect of Northern Ireland.

(10)In order to avoid any potential disruption in the transfers of the products concerned from other parts of the United Kingdom to Northern Ireland, this Regulation should enter into force as soon as possible,