Commission Regulation (EC) No 2202/2004 of 21 December 2004 opening Community tariff quotas for 2005 for sheep, goats, sheepmeat and goatmeat
Date: 2004-12-21
Institutions: European Commission
Subjects: goat, goatmeat, sheep, sheepmeat, tariff quota

22.12.2004

EN

Official Journal of the European Union

L 374/31

COMMISSION REGULATION (EC) No 2202/2004

of 21 December 2004

opening Community tariff quotas for 2005 for sheep, goats, sheepmeat and goatmeat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

(4)

(5)

(6)

(7)

Having regard to the Treaty
Community,

establishing the European

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:

(1)

(2)

Community tariff quotas for sheepmeat and goatmeat
should be opened for 2005. 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 2005.

the Community the

Council Regulation (EC) No 312/2003 of 18 February
tariff
2003 implementing for
provisions laid down in the Agreement establishing an
association 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 of the original quantity to be opened for product
code 0204 from 1 February 2003. That quota was added
to the GATT/WTO quota for Chile and both quotas
should continue to be managed in the same way
during 2005. Moreover, with regard to that quota a
calculation error occurred when attributing the quota
for the year 2004 under Commission Regulation (EC)
No 2233/2003 of 23 December 2003 opening
Community tariff quotas for 2004 for sheep, goats,
sheepmeat and goatmeat (3) and a quantity of 5 183
tonnes instead of 5 200 tonnes was attributed. The
remaining 17 tonnes should, therefore, be added to the
quantity available for 2005.

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 origi-
nating in Norway (4) grants additional bilateral
trade
concessions concerning agricultural products.

Certain tariff quotas for sheep and goatmeat products
have been granted to the ACP States under
the
Cotonou Agreement (5).

Certain quotas are defined for period running from 1 July
of year n to 30 June of year n+1. Since imports under
the present Regulation are being managed on a calendar-
year basis, the corresponding quantities to be fixed for
the calendar year 2005 with regard to the quotas
concerned are the sum of half of the quantity for the
period from 1 July 2004 to 30 June 2005 and half of the
quantity for the period from 1 July 2005 to 30 June
2006.

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 management of
the Community
tariff quotas under the first-come, first-served system in
sheepmeat and goatmeat products has been positive
during the year 2004. Therefore, quotas concerning
these products
should, by way of derogation from
Commission 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
sector (6), be managed in conformity with
goatmeat
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 implementation of Council Regulation (EEC) No
2913/92 establishing the Community Customs Code (7).

(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 339, 24.12.2003, p. 22. Regulation as amended by Regulation

(EC) No 65/2004 (OJ L 63, 28.2.2004, p. 30).

(4) OJ L 187, 26.7.2003, p. 1.
(5) OJ L 317, 15.12.2000, p. 3.
(6) OJ L 143, 27.6.1995, p.7. Regulation as last amended by Regulation

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

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

lation (EC) No 2286/2003(OJ L 343, 31.12.2003, p. 1).

L 374/32

EN

Official Journal of the European Union

22.12.2004

(8)

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 authorities 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 Regu-
lation (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 Regulation should not
apply.

(9)

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

(10) When sheepmeat products are presented by the operator
it is
concerned to the customs authorities for import,
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.

(11)

In accordance with Chapter
II of Council Directive
2002/99/EC of 16 December 2002 laying down the
animal health rules governing the production, processing,
distribution and introduction of products of animal
origin for human consumption (1) and with Council
Directive 97/78/EC of 18 December 1997 laying down
the principles governing the organisation of veterinary
checks on products entering the Community from third
countries (2),
for
products meeting the requirements of the food chain
procedures, rules and checks in force in the Community.

imports may be

authorised only

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.

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.

For the purpose of calculating the quantities of ‘carcase-
2.
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.

(12) Given the date of application and the time needed for
translation, this Regulation shall enter into force on the
day following that of its publication in the Official Journal
of the European Union.

(13)

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

Article 4

By way of derogation from Title II A and B of Regulation (EC)
No 1439/95, the tariff quotas set up in the Annex to this
Regulation for the countries of Country Groups No 1, 2, 3, 4
and 5 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 2005.
Article 308c(2) and (3) of that Regulation shall not apply. No
import licences shall be required.

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation opens Community tariff quotas for sheep,
goats,
from
goatmeat
1 January to 31 December 2005.

sheepmeat

period

and

the

for

(1) OJ L 18, 23.1.2003, p. 11.
(2) OJ L 24, 30.1.98, p. 9. Directive as last amended by European
Parliament and Council Regulation (EC) No 882/2004 (OJ L 165,
30.4.2004, p. 1).

Article 5

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
shall be determined in
accordance with the provisions in force in the Community.

tariff agreements

22.12.2004

EN

Official Journal of the European Union

L 374/33

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 and in addition to the elements provided for in
that Article, the following data:
— the CN code (at least the first four digits),
— 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).

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 up 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
description of the products one of the following:

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

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

Article 6

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

It shall apply from 1 January 2005.

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

Done at Brussels, 21 December 2004.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

L 374/34

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Official Journal of the European Union

22.12.2004

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