Apportionment of tariff rate quotas included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union

The European Parliament adopted by 628 votes to 18, with 42 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council 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 proposal aims to apportion the tariff quotas in the Union's World Trade Organisation (WTO) list after the United Kingdom's withdrawal from the Union. It lists how tariff rate quotas figuring in the EU’s WTO schedule of concessions and commitments will be apportioned between the EU and the UK. It also gives the Commission the power to modify this apportionment by delegated acts should it become necessary following the later concluded agreements with third countries. Tariff rate quotas for agricultural and non-agricultural products are concerned.

The European Parliament's position adopted at first reading under the ordinary legislative procedure amended the Commission's proposal as follows.

Quota allocation

The amended text sets out the methodology on which the allocation of existing tariff quotas between the Union and the United Kingdom is based. An amendment thus clarifies the procedure for determining the share of the Union's tariff quotas.

It is recalled that the methodology for the usage share for each individual tariff rate quota has been established and agreed by the Union and the United Kingdom, in line with the requirements of Article XXVIII of GATT 1994. Therefore, it should be wholly maintained to ensure its consistent application.

Delegation of powers

The scope of the delegation of powers to the Commission has been clarified. In adopting its delegated acts, the Commission shall ensure consistency with the common methodology agreed with the United Kingdom and, in particular, ensure that the market access to the Union as composed after the withdrawal of the United Kingdom does not exceed that which is reflected in the share of trade flows over a representative period.

The delegation of powers shall be granted to the Commission for a period of five years with the possibility of tacit extension for periods of the same duration. The deadline for objecting to delegated acts shall be two months from the notification of the act, which may be extended by two months at the initiative of the European Parliament or the Council.

Lastly, the amended text provides for the alignment with the current Regulation of the delegated and implementing acts of Regulation (EC) No 32/2000 opening and providing for the administration of Community tariff quotas bound in GATT and certain other Community tariff quotas, defining detailed rules for amending or adapting these quotas, Members proposed that the current Regulation shall include alignment with delegated acts and implementing acts of Regulation (EC) No 32/2000 into line with the legal framework introduced by the Lisbon Treaty.