20.9.2017   

EN

Official Journal of the European Union

L 241/12

(1)

Commission Regulation (EC) No 1067/2008 (2) provides for the opening of an overall tariff quota for the import of 3 112 030 tonnes of common wheat falling under CN code 1001 99 00 of a quality other than high quality, at a rate of EUR 12 per tonne. This overall tariff quota includes a subquota of 38 853 tonnes for the imports from Canada.

(2)

Pursuant to Council Decision (EU) 2017/38 (3), the Council agreed on the provisional application of the Comprehensive Economic and Trade Agreement between Canada of the one part, and the European Union and its Member States, of the other part (‘the Agreement’).

(3)

Article 2.4 of the Agreement provides for the reduction or elimination of customs duties on goods originating in either Party in accordance with the tariff elimination schedules set out in Annex 2-A to the Agreement. Point 9 of that Annex provides for a duty-free tariff quota of 100 000 tonnes of common wheat of a quality other than high quality, falling under CN code 1001 99 00 and originating in Canada, for a period of 7 years. Point 6 of that Annex provides for transitional rules for the first year.

(4)

The Protocol on rules of origin and origin procedures, attached to the Agreement, sets out the rules to be applied as regards the proof of origin. It is therefore appropriate to lay down provisions on the presentation of a proof of origin in accordance with that Protocol.

(5)

Regulation (EC) No 1067/2008 should therefore be amended accordingly. The proposed amendments should apply as from 21 September 2017, the date of the provisional application of the Agreement, and therefore this Regulation should enter into force as soon as possible.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets,

(1)

Article 1 is replaced by the following:

‘Article 1

1.   By way of derogation from the Common Customs Tariff, the import duty for common wheat falling under CN code 1001 99 00, of a quality other than high quality as defined in Annex II to Commission Regulation (EU) No 642/2010 (*1), shall be fixed in the framework of the quotas opened by this Regulation.

2.   The Common Customs Tariff shall apply to imports of the products referred to in this Regulation in excess of the quantities provided for in Articles 2 and 3.

(*1)  Commission Regulation (EU) No 642/2010 of 20 July 2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No 1234/2007 (OJ L 187, 21.7.2010, p. 5).’"

(2)

Article 2 is amended as follows:

(3)

Article 3 is amended as follows:

(4)

In Article 4, paragraph 2 is replaced by the following:

‘2.   Each licence application shall indicate a quantity in kilograms (whole numbers) which may not exceed:

The import licence application and the import licence shall mention a single country of origin.’

(5)

In Article 8, the following paragraph is added:

‘By way of derogation from the first paragraph, the release into free circulation in the Union of common wheat of a quality other than high quality originating in Canada shall be conditional upon production of an origin declaration. 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. The text of the origin declaration shall be as set out in Annex 2 to the Protocol on rules of origin and origin procedures to the Comprehensive Economic and Trade Agreement between Canada, of the one part, and the European Union and its Member States, of the other part (*2).

(*2)  OJ L 11, 14.1.2017, p. 23.’"