Regulation 2019/216 - Apportionment of tariff rate quotas included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union

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1.

Current status

This regulation has been published on February  8, 2019 and entered into force on February  9, 2019.

2.

Key information

official title

Regulation (EU) 2019/216 of the European Parliament and of the Council of 30 January 2019 on the apportionment of tariff rate quotas included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, and amending Council Regulation (EC) No 32/2000
 
Legal instrument Regulation
Number legal act Regulation 2019/216
Original proposal COM(2018)312 EN
CELEX number i 32019R0216

3.

Key dates

Document 30-01-2019; Date of signature
Publication in Official Journal 08-02-2019; OJ L 38 p. 1-25
Signature 30-01-2019
Effect 01-01-1001; Application Partial application See Art 7.2
09-02-2019; Entry into force Date pub. +1 See Art 7.1
09-02-2019; Application See Art 7.3
End of validity 31-12-9999

4.

Legislative text

8.2.2019   

EN

Official Journal of the European Union

L 38/1

 

REGULATION (EU) 2019/216 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 30 January 2019

on the apportionment of tariff rate quotas included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, and amending Council Regulation (EC) No 32/2000

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure (1),

Whereas:

 

(1)

On 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union(TEU). The TEU and the Treaty on the Functioning of the European Union (TFEU) (collectively, the ‘Treaties’) will cease to apply to the United Kingdom from the date of entry into force of a withdrawal agreement or failing that, two years after that notification, that is from 30 March 2019, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that period.

 

(2)

The withdrawal agreement as agreed between the negotiators contains arrangements for the application of provisions of Union law to and in the United Kingdom beyond the date the Treaties cease to apply to and in the United Kingdom. If that agreement enters into force, Council Regulation (EC) No 32/2000 (2) will apply to and in the United Kingdom during the transition period in accordance with that agreement and will cease to apply at the end of that period.

 

(3)

The United Kingdom’s withdrawal from the Union will have effects on the relations of the United Kingdom and the Union with third parties, in particular in the context of the World Trade Organisation (WTO) of which both are original members. As negotiations on that withdrawal have been ongoing at the same time as the negotiations on the multiannual financial framework (MFF), and taking into account the share dedicated to the agricultural sector in the MFF, that sector could be exposed to a great extent.

 

(4)

By letter of 11 October 2017, the Union and the United Kingdom informed the other WTO Members that it was their intention that, upon leaving the Union, the United Kingdom would replicate to the extent possible its current obligations as a Member State of the Union in its new, separate, schedule of concessions and commitments on trade in goods. However, given that, as regards quantitative commitments, replication is not an appropriate method, the Union and the United Kingdom informed the other WTO Members of their intention to ensure that other WTO Members’ current market access levels would be maintained by apportioning the Union’s tariff rate quotas between the Union and the United Kingdom.

 

(5)

In line with the WTO rules, such apportionment of tariff rate quotas that are part of the schedule of concessions and commitments of the Union will have to occur in accordance with Article XXVIII of the General Agreement on Tariffs and Trade 1994 (GATT 1994). The Union will, therefore, following completion of preliminary contacts, engage in negotiations with WTO Members having a principal or substantial supplying interest or holding an initial negotiating right in relation to each of these tariff rate quotas. Those negotiations should remain limited in scope and should in no way extend to a renegotiation of the general terms or degree of access of products to the Union market.

 

(6)

However, given the time limits imposed on this process by the negotiations on the United Kingdom’s withdrawal from the Union, it is...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

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