TITLE IV

FINAL PROVISIONS
Article 9
1
The provisions necessary for the application of this Regulation, including:
a
amendments and technical adjustments necessitated by changes in the Combined Nomenclature and Taric codes;
b
adjustments made necessary by:
- the conclusion by the Council of agreements or exchanges of letters within the framework of the GATT or compliance with the Community's contractual obligations to certain countries within the framework of the GATT, or
- extension of the scheme of generalised preferences in respect of jute and coconut-fibre products;
c
the addition of developing countries to the lists contained in Annexes IV and V at the official request of an applicant country that offers the necessary guarantees for checking the authenticity of these products;
d
amendments and adjustments to the definitions for hand-made products and handloom fabrics as well as to the specimen certificates of authenticity
shall be adopted in accordance with the procedure provided for in Article 10(2).
2
Provisions adopted under paragraph 1 shall not empower the Commission to:
- transfer not used preferential quantities from one quota period to another,
- change timetables provided for in the agreements or exchanges of letters,
- make access to the quotas subject to import licences.
Article 10
1
The Commission shall be assisted by the Customs Code Committee instituted by Article 247 of Regulation (EEC) No 2913/92.
2
Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
3
The period provided for in Article 4(3) of Decision 1999/468/EC shall be three months.
Article 10a
For the purpose of apportioning tariff rate quotas included in the schedule of concessions and commitments of the Union following the withdrawal of the United Kingdom from the Union and while ensuring consistency with the methodology referred to in Article 1(1) of Regulation (EU) 2019/216 of the European Parliament and of the Council
and, in particular, ensuring that the market access into the Union as composed after the withdrawal of the United Kingdom does not exceed that which is reflected in the share of trade flows during a representative
period, the Commission is empowered to adopt delegated acts in accordance with Article 10b to amend Annex I to this Regulation in order to take account of the following:
1. any international agreement concluded by the Union under Article XXVIII of GATT 1994, concerning the tariff rate quotas referred to in Annex I to this Regulation; and
2. pertinent information that it may receive either in the context of negotiations under Article XXVIII of GATT 1994, or from other sources with an interest in a specific tariff rate quota.
Article 10b
1
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2
The power to adopt delegated acts referred to in Article 10a shall be conferred on the Commission for a period of five years from
9 February 2019
. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3
The delegation of powers referred to in Article 10a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the
Official Journal of the European Union
or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4
Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of
13 April 2016
on Better Law-Making
.
5
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6
A delegated act adopted pursuant to Article 10a shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 11
Regulation (EC) No 1808/95 is hereby repealed.
References to Regulation (EC) No 1808/95 shall be construed as references to this Regulation and shall be correlated in accordance with the table in Annex VIII.
Article 12
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 2000.
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 (
OJ 38, 8.2.2019, p. 1
).
OJ L 123, 12.5.2016, p. 1 .
Inserted by 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.