Commission Regulation (EC) No 2233/2003 of 23 December 2003 opening Community tariff quotas for 2004 for sheep, goats, sheepmeat and goatmeat
Date: 2003-12-23
Institutions: European Commission
Subjects: goat, goatmeat, live animal, sheep, sheepmeat, tariff quota

L 339/22

EN

Official Journal of the European Union

24.12.2003

COMMISSION REGULATION (EC) No 2233/2003

of 23 December 2003

opening Community tariff quotas for 2004 for sheep, goats, sheepmeat and goatmeat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2529/2001 of 19
December 2001 on the common organisation of the market in
sheepmeat and goatmeat (1), and in particular Article 16(1)
thereof,

Whereas:

Community tariff quotas for sheepmeat and goatmeat
should be opened for 2004. The duties and quantities
referred to in Regulation (EC) No 2529/2001 should be
fixed in accordance with the respective international
agreements in force during the year 2004.

Subject to the ratification of the Treaty of Accession of
the Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
Hungary, Malta, Poland, Slovenia and Slovakia,
the
Czech Republic, Slovenia and Slovakia will accede to the
European Union on 1 May 2004. The quotas attributable
to those countries should therefore only be opened until
the date of their accession.

Council Regulation (EC) No 312/2003 of 18 February
2003 implementing for the Community the tariff provi-
sions laid down in the Agreement establishing an asso-
ciation between the European Community and its
Member States, of the one part, and the Republic of
Chile, of the other part (2), has provided for an additional
bilateral tariff quota of 2 000 tonnes with a 10 % annual
increase to be opened for product code 0204 from 1
February 2003. That quota should be added to the
GATT/WTO quota for Chile and both quotas should be
managed in the same way from 1 January 2004.

(7)

(8)

quantity for the period from 1 July 2003 to 30 June
2004 and half of the quantity for the period from 1 July
2004 to 30 June 2005.

A carcase-weight equivalent needs to be fixed in order to
ensure a proper functioning of the Community tariff
quotas. Furthermore, since certain tariff quotas provide
for the option of importing either the live animals or
their meat, a conversion factor is required.

Experience with the administration of the Community
tariff quotas has shown a need to improve the manage-
ment of such quotas. Experience in the use of the first-
come, first-served management system has been positive
in other agricultural sectors. In the interest of adminis-
trative simplification, quotas concerning products of the
sheepmeat and goatmeat sector originating in third
countries should, by way of derogation from Commis-
sion Regulation (EC) No 1439/95 of 26 June 1995
laying down detailed rules for the application of Council
Regulation (EEC) No 3013/89 as regards the import and
export of products in the sheepmeat and goatmeat
sector (5), be managed in conformity with Article
16(2)(a) of Regulation (EC) No 2529/2001. This should
be done in accordance with Articles 308a, 308b and
308c(1) of Commission Regulation (EEC) No 2454/93 of
2 July 1993 laying down provisions for the implementa-
tion of Council Regulation (EEC) No 2913/92 estab-
lishing the Community Customs Code (6). Where imports
are managed in accordance with these provisions, no
import licences should be required any more.

Council Regulation (EC) No 1329/2003 of 21 July 2003
amending Regulation (EC) No 992/95 as regards tariff
quotas for certain agricultural and fishery products
originating in Norway (3) grants additional bilateral trade
concessions concerning agricultural products.

(9)

Certain tariff quotas
sheepmeat and goatmeat
products have been granted to the ACP States under the
Cotonou Agreement (4).

for

Since imports are managed on a calendar-year basis, for
the quotas defined for a period from 1 July to 30 June,
the quantities fixed for 2004 are the sum of half of the

In order to avoid any discrimination among exporting
countries, and given that equivalent tariff quotas have
not been quickly exhausted in the last two years, tariff
quotas under this Regulation should be regarded initially
as non-critical within the meaning of Article 308c of
Regulation (EEC) No 2454/93 when managed under the
first-come first-served system. Therefore, customs autho-
rities should be authorised to waive the requirement for
security in respect of goods initially imported under
those quotas in accordance with Articles 308c(1) and
248(4) of Regulation (EEC) No 2454/93. Due to the
particularities of
the transfer from one management
system to the other Article 308c(2) and (3) of that Regu-
lation should not apply.

(1) OJ L 341, 22.12.2001, p. 3. Regulation as amended by Regulation

(EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).

(2) OJ L 46, 20.2.2003, p. 1.
(3) OJ L 187, 26.7.2003, p. 1.
(4) OJ L 317, 15.12.2000, p. 3.

(5) OJ L 143, 27.6.1995, p. 7. Regulation as last amended by Regu-

lation (EC) No 272/2001 (OJ L 41, 10.2.2001, p. 3).

(6) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 1335/2003 (OJ L 187, 26.7.2003, p. 16).

(1)

(2)

(3)

(4)

(5)

(6)

24.12.2003

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Official Journal of the European Union

L 339/23

(10)

The implementation of the first-come first-served system
requires some additional preparatory work in the cases
of Australia and New Zealand, given the high volume of
the quotas and their traditional use. For that reason, the
first-come, first-served system should only apply to the
imports from those two countries as of 1 May 2004 and
the import licensing should be continued until 30 April
2004 in accordance with the rules laid down in Regu-
lation (EC) No 1439/95. Provisions should therefore be
made with regard to the available quantities under each
of those management systems.

(11)

It should be clarified which kind of proof certifying the
origin of products has to be provided to benefit from
the tariff quotas under the first-come, first served system.

(12) When sheepmeat products are presented to the customs
authorities for import, it is difficult for those authorities
to establish whether they originate from domestic sheep
or other sheep, which determines the application of
different duty rates. It is therefore appropriate to provide
that the proof of origin contains a clarification to that
end.

(13)

In accordance with Article 3 of Council Directive 72/
462/EEC of 12 December 1972 on health and veterinary
inspection problems upon importation of bovine
animals and swine and fresh meat from third coun-
tries (1), and with Council Directive 91/496/EEC of 15
July 1991 laying down the principles governing the
organisation of veterinary checks on animals entering
the Community from third countries and amending
Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (2),
imports may be authorised only for products meeting
the requirements of the veterinary rules and certification
currently in force in the Community.

(14)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Sheep and Goats,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation opens Community tariff quotas for sheep,
goats, sheepmeat and goatmeat for the period from 1 January
to 31 December 2004.

Article 2

The customs duties applicable to imports into the Community
of sheep, goats, sheepmeat and goatmeat falling within CN
codes 0104 10 30, 0104 10 80, 0104 20 90, 0210 99 21,
0210 99 29 and 0204 originating in the countries indicated in
the Annex shall be suspended or reduced in accordance with
this Regulation.

(1) OJ L 302, 31.12.1972, p. 28. Directive as last amended by Council

Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(2) OJ L 268, 24.9.1991, p. 56. Directive as last amended by Directive

96/43/EC (OJ L 162, 1.7.1996, p. 1).

Article 3

1.
The quantities, expressed in carcase-weight equivalent, for
the import of meat, falling within CN code 0204, and of live
animals falling within CN codes 0104 10 30, 0104 10 80 and
0104 20 90, as well as the customs duty applicable shall be
those as laid down in the Annex.

2.
For the purpose of calculating the quantities of ‘carcase-
weight equivalent’ referred to in paragraph 1 the net weight of
sheep and goat products shall be multiplied by the following
coefficients:

(a) for live animals: 0,47;

(b) for boneless lamb and boneless goatmeat of kid: 1,67;

(c) for boneless mutton, boneless sheep and boneless goatmeat

other than of kid and mixtures of any of these: 1,81;

(d) for bone-in products: 1,00.

3.

‘Kid’ shall mean goats of up to one year old.

Article 4

By way of derogation from Title II(A) and (B) of Regulation
(EC) No 1439/95, the tariff quotas set out in the Annex to this
Regulation for the countries of country groups Nos 2, 3, 4 and
5 and for Argentina, Uruguay, Chile, Iceland and Slovenia, shall
be managed on a first-come, first-served basis in accordance
with Articles 308a, 308b and 308c(1) of Regulation (EEC) No
2454/93 from 1 January to 31 December 2004. Article
308c(2) and (3) of that Regulation shall not apply. No import
licences shall be required.

Article 5

From 1 January to 30 April 2004,

1.
the tariff quotas
provided for Australia and New Zealand as set out in the
Annex under country group No 1 shall be managed in accord-
ance with the rules laid down in Title II(A) of Regulation (EC)
No 1439/95.

2.
From 1 May 2004 to 31 December 2004, by way of
derogation from Title II(A) of Regulation (EC) No 1439/95, the
tariff quotas referred to in paragraph 1 shall be managed in
accordance with Article 4 of this Regulation.

However, import licences issued by 30 April 2004 at the latest
under paragraph 1 shall remain valid until the expiry of their
period of validity.

3.
The quantity managed in accordance with paragraph 2
shall, on a provisional basis, be the annual quantities of 18 650
tonnes for Australia and 226 700 tonnes for New Zealand
minus the estimated respective quantity in carcase-weight
equivalent for which import licences are issued by 30 April
2004 at the latest.

That provisional quantity shall subsequently be adjusted on the
basis of the licences effectively issued during the month of
April. The quantity established on 1 May shall subsequently be
increased by the quantity in carcase-weight equivalent
for
which, on the basis of licences returned to the competent
authorities, licences issued have not been used or have been
used only partly. Licences not returned by 15 August shall be
considered as fully used licences.

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Official Journal of the European Union

24.12.2003

4.

For the purpose of paragraph 3, Member States shall:

(a) communicate the quantities referred to in Article 19(2)(a)
of Regulation (EC) No 1439/95, also in carcase-weight
equivalent;

(b) communicate to the Commission each first working day of
the week, for the month of April 2004 and further to the
requirements laid down in Article 19(2) of Regulation (EC)
No 1439/95, the import licences issued in respect of the
preceding week as well as the corresponding carcase-weight
equivalent;

(c) by way of derogation from Article 19(2)(a) of Regulation
(EC) No 1439/95, communicate the data referred to in that
point no later than 25 August 2004.

5.
For the purpose of calculating the carcase-weight equiva-
lent referred to in paragraphs 3 and 4, the coefficients referred
to in Article 3(2) shall apply.

Article 6

1.
In order to benefit from the tariff quotas set out in the
Annex and managed in accordance with Article 4, a valid proof
of origin issued by the competent authorities of
the third
country concerned together with a customs declaration for
release for free circulation for the goods concerned shall be
presented to the Community customs authorities. The origin of
products subject to tariff quotas other than those resulting from
preferential tariff agreements shall be determined in accordance
with the provisions in force in the Community.

The proof of origin referred to in paragraph 1 shall be as

2.
follows:

(a) in the case of a tariff quota which is part of a preferential
tariff agreement, it shall be the proof of origin laid down in
that agreement;

(b) in the case of other tariff quotas, it shall be a proof estab-
lished in accordance with Article 47 of Regulation (EEC)
No 2454/93,
in addition to the elements
provided for in that Article, the following data:
— the CN code (at least the first four digits),

including,

— the order number or order numbers of the tariff quota
concerned in accordance with the third subparagraph
of this paragraph,

— the total net weight per coefficient category as specified

in Article 3(2) of this Regulation;

(c) in the case of a country whose quota falls under points (a)
and (b) and are merged, it shall be the proof referred to in
point (a).

In the case referred to in point (b), forms under Annex II to
Regulation (EC) No 1439/95 that include all additional infor-
mation required in that point may be used during the year
2004, crossing out the text referring to import licences when
Article 4 of this Regulation applies.

Where the proof of origin referred to in point (b) is presented
as supporting document for only one declaration for release for
free circulation, it may contain several order numbers. In all
other cases, it shall only contain one order number.

In order to benefit from the tariff quota set out in the
3.
Annex for country group 4 in respect of products falling under
CN codes ex 0204, ex 0210 99 21 and ex 0210 99 29 the
proof of origin shall contain, in the box concerning the descrip-
tion of the products, one of the following:

(a) ‘sheep product/s from the species domestic sheep’;

(b) ‘product/s from the species other than domestic sheep’.

Those indications shall correspond to the indications in the
veterinary certificate accompanying those products.

Article 7

This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of the
European Union.

It shall apply from 1 January 2004.

With regard to the Czech Republic, Slovenia and Slovakia it
shall apply until 30 April 2004, subject to the entry into force
of the Treaty of Accession of the Czech Republic, Estonia,
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and
Slovakia.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 December 2003.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX

SHEEPMEAT AND GOATMEAT in tonnes (t) of carcasse weight equivalent

COMMUNITY TARIFF QUOTAS FOR 2004

Country
group No

CN codes

Ad valorem
duty %

Specific duty
EUR/100 kg

1

0204

Zero

Zero

Order number (1)
under Title II(A)
of Regulation (EC)
No 1439/95

09.4132

09.4134

Order number under ‘first come, first served’ (2)

Live animals
(Coefficient = 0,47)

Boneless lamb (3)
(Coefficient = 1,67)

Boneless mutton/
sheep (4)
(Coefficient = 1,81)

Bone-in and
carcasses
(Coefficient = 1,00)

Origin

Annual volume
in tonnes of
carcasse-weight
equivalent

09.2101

09.2102

09.2011

Argentina

23 000

09.2105

09.2106

09.2012

Australia

18 650

09.2109

09.2110

09.2013

New Zealand

226 700

—

—

—

—

—

—

—

09.2111

09.2112

09.2014

Uruguay

09.2115

09.2116

09.1922

Chile

09.2119

09.2120

09.0790

Iceland

09.5931

09.5932

09.1763

Slovenia (5)

5 800

5 183

1 350

50

2 150

2

3

0104 10 30
0104 10 80
0104 20 90
0204

0204

0204

Zero

Zero

09.5935

09.5936

09.5937

09.5874

Czech
Republic (5)

Zero

Zero

Zero

Zero

09.5939

—

—

09.5882

Slovakia (5) (6)

4 300

—

—

—

—

09.2121

09.2122

09.0781

Norway

09.2125

09.2126

09.0693

Greenland

09.2129

09.2130

09.0690

Faeroes

09.2131

09.2132

09.0227

Turkey

300

100

20

200

.

2
4
1
2
2
0
0
3

.

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Country
group No

CN codes

Ad valorem
duty %

Specific duty
EUR/100 kg

Order number (1)
under Title II(A)
of Regulation (EC)
No 1439/95

Order number under ‘first come, first served’ (2)

Live animals
(Coefficient = 0,47)

Boneless lamb (3)
(Coefficient = 1,67)

Boneless mutton/
sheep (4)
(Coefficient = 1,81)

Bone-in and
carcasses
(Coefficient = 1,00)

Origin

Annual volume
in tonnes of
carcasse-weight
equivalent

4

0104 10 30, 0104 10 80
and 0104 20 90.

For the species ‘domestic
sheep’ only: ex 0204,
ex 0210 99 21 and
ex 0210 99 29.

For the species ‘domestic
sheep’ only: ex 0204,
ex 0210 99 21 and
ex 0210 99 29.

5 (7)

0204

0104 10 30
0104 10 80
0104 20 90

Zero

Zero

09.2141

09.2145

09.2149

09.1622

ACP States

100

Zero

Zero

10 %

65 % reduc-
tion of
specific
duties

Zero

Zero

—

—

09.2161

09.2165

09.1626

ACP States

09.2171

09.2175

09.2015

Others

09.2181

—

—

09.2019

Others

500

200

49

(1) Order numbers applicable from 1 January to 30 April 2004 in accordance with Article 5(1). The amounts of import licences issued under those order numbers shall be taken into account for the final calculation of the remaining quota

under the first come, first served system.
In the cases of Australia and New Zealand, these order numbers shall apply as of 1 May 2004 in accordance with Article 5(2).

(2)
(3) And goatmeat of kid.
(4) And goatmeat other than of kid.
(5) Tariff quotas for the new Member States shall be opened for the period 1 January to 30 April 2004 in accordance with Article 7.
(6) For Slovakia the tariff quota shall only refer to CN codes 0104 10 30, 0104 10 80 and 0104 20 90.
(7)

‘Others’ shall refer to all origins including the ACP States and excluding the other countries mentioned in the current table.

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2
4
1
2
2
0
0
3

.