Source: European Parliament 2
| DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION |
on the proposal for a regulation of the European Parliament and of the Council on the application of Union tariff rate quotas and other import quotas
(COM(2020)0375 – C9‑0274/2020 – 2020/0176(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2020)0375),
– having regard to Article 294(2) and to Article 207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0274/2020),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to Rule 59 of its Rules of Procedure,
– having regard to the report of the Committee on International Trade (A9-0216/2020),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Article 2 – paragraph 1
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Text proposed by the Commission |
Amendment |
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This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. |
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. |
It is necessary to provide for an earlier entry into force of the regulation after publication, given the short time-frame in which the EU co-legislators need to adopt this act. The application of the regulation as of 1 January 2021 is not amended.
| EXPLANATORY STATEMENT |
The United Kingdom of Great Britain and Northern Ireland (UK) withdrew from the EU on 1 February 2020. The Protocol on Ireland/Northern Ireland attached to the Withdrawal Agreement (Protocol) will apply from the end of the transition period, as of 1 January 2021.
The Protocol states that Northern Ireland is part of the customs territory of the UK, and that the UK can include Northern Ireland in the territorial scope of its World Trade Organization schedules. Under the Protocol, any reference to the customs territory of the EU, as well as in the provisions of EU law made applicable to and in the UK in respect of Northern Ireland by the Protocol, must be read as including the land territory of Northern Ireland. This means that despite Northern Ireland being formally in the UK’s customs territory, the UK, in respect of Northern Ireland, is obliged to apply the EU’s customs legislation as if Northern Ireland were still in the EU’s customs territory.
The bilateral arrangements between the EU and the UK under the Protocol do not give rise to rights and obligations for third countries. Any imports pursuant to EU’s import tariff rate quotas or other import quotas applying to goods originating in a third country brought into Northern Ireland could not be counted towards that third country’s rights vis-à-vis the EU, unless agreed by the third country. This situation poses a risk to the proper functioning of the EU’s Single Market and the integrity of the Common Commercial Policy through the possible circumvention of EU’s tariff rate quotas or other import quotas. Agreements with third countries providing for export tariff rate quotas require that the goods be imported within the EU. Therefore, third countries could refuse to issue export licenses for direct imports into Northern Ireland.
This proposal in its sole substantial provision clarifies that the EU’s tariff rate quotas and other import quotas should be available only for goods imported and released into free circulation in the EU and not in Northern Ireland. This is done by listing all EU’s territories where goods can be released into free circulation, and this list does not include Northern Ireland.
Rapporteur agrees with the proposal. The only amendment proposed is an earlier entry into force of the regulation after its publication in the EU Official Journal, as the EU co-legislators need sufficient time for the adoption of the act until end of 2020. The date of application is not modified. Rapporteur would encourage Members not to table other amendments to the proposal in order to allow for as smooth as possible adoption of the act.
| PROCEDURE – COMMITTEE RESPONSIBLE |