Commission Regulation (EC) No 2185/2005 of  27 December 2005  opening Community tariff quotas for 2006 for sheep, goats, sheepmeat and goatmeat
Date: 2005-12-27
Institutions: European Commission
Subjects: beef, goat, goatmeat, live animal, originating product, sheep, tariff quota

L 347/70

EN

Official Journal of the European Union

30.12.2005

COMMISSION REGULATION (EC) No 2185/2005

of 27 December 2005

opening Community tariff quotas for 2006 for sheep, goats, sheepmeat and goatmeat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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,

(4)

Whereas:

the

and providing

Council Regulation (EC) No 992/95 of 10 April 1995
opening
administration of
for
Community tariff quotas for certain agricultural and
fishery products originating in Norway (4), as amended
by Regulation (EC) No 1329/2003 (5), grants additional
bilateral
agricultural
products.

concessions

concerning

trade

Council Regulation (EC) No 2175/2005 of 21 December
2005 concerning the implementation of the Agreements
concluded by the EC following negotiations
in the
framework of Article XXIV:6 of GATT 1994, amending
Annex I to Regulation (EEC) No 2658/87 on the tariff
and on the Common
and statistical nomenclature
Customs Tariff (6) grants an additional
tariff quota
quantity of 1 154 tonnes for New Zealand as from 1
January 2006, which should be added to the quantity
available for 2006.

(1)

(2)

Community tariff quotas for sheepmeat and goatmeat
should be opened for 2006. 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 2006.

the Community the

Council Regulation (EC) No 312/2003 of 18 February
2003 implementing for
tariff
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 2006. Moreover,
calculation error
occurred when attributing the quota for the year 2005
under Commission Regulation (EC) No 2202/2004 of 21
December 2004 opening Community tariff quotas for
2005 for sheep, goats, sheepmeat and goatmeat (3) and
a quantity of 5 417 tonnes instead of 5 400 tonnes was
attributed. A quantity of 17 tonnes should therefore be
deducted from the quantity available for 2006.

a quota

(5)

(6)

Certain tariff quotas for sheep and goat meat products
have been granted to the ACP States under the Cotonou
Agreement (7).

Certain quotas are defined for a period running from 1
July of a given year to 30 June of the following year.
Since imports under this present Regulation should be
managed on a calendar-year basis,
the corresponding
quantities to be fixed for the calendar year 2006 with
regard to the quotas concerned are the sum of half of the
quantity for the period from 1 July 2005 to 30 June
2006 and half of the quantity for the period from 1
July 2006 to 30 June 2007.

(7)

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.

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

(4) OJ L 101, 4.5.1995, p. 1. Regulation as last amended by Regulation

lation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(2) OJ L 46, 20.2.2003, p. 1. Regulation as amended by Commission

Regulation (EC) No 305/2005 (OJ L 52, 25.2.2005, p. 6).

(3) OJ L 374, 22.12.2004, p. 31.

(EC) No 1920/2004 (OJ L 331, 5.11.2004, p. 1).

(5) OJ L 187, 26.7.2003, p. 1.
(6) See page 9 of this Official Journal.
(7) OJ L 317, 15.12.2000, p. 3.

30.12.2005

EN

Official Journal of the European Union

L 347/71

(8)

(9)

the Community
Experience with the management of
tariff quotas under the first-come, first-served system in
sheepmeat and goatmeat products has been positive
during the year 2005. Therefore, quotas concerning
should, by way of derogation from
those products
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 (8), 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 (9).

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.

(10)

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

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

to establish whether

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 (11),
imports may be authorised only for
products meeting the requirements of the food chain
procedures, rules and checks in force in the Community.

(13)

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 2006.

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;

(12)

II of Council Directive
In accordance with Chapter
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 (10) and with Council

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

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

(8) 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).

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

lation (EC) No 883/2005 (OJ L 148, 11.6.2005, p. 5).

(10) OJ L 18, 23.1.2003, p. 11.

(11) OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation
(EC) No 882/2004 of the European Parliament and of the Council
(OJ L 165, 30.4.2004, p. 1. Corrected by OJ L 191, 28.5.2004,
p. 1).

L 347/72

EN

Official Journal of the European Union

30.12.2005

Article 4

— the order number or order numbers of the tariff quota

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 shall be managed on a first-come, first-served basis
in accordance with Articles 308a, 308b and 308c(1) of Regu-
lation (EEC) No 2454/93 from 1 January to 31 December
2006. Article 308c(2) and (3) of
that Regulation shall not
apply. No import licences shall be required.

Article 5

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

free circulation for

release for

concerned,

— the total net weight per coefficient category as provided

for 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.

3.
In order to benefit from the tariff quota set out in the
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:

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

2.
follows:

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

(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:

(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 6

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

— the CN code (at least the first four digits),

It shall apply from 1 January 2006.

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

Done at Brussels, 27 December 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

30.12.2005

EN

Official Journal of the European Union

L 347/73

ANNEX

SHEEPMEAT AND GOATMEAT (in tonnes (t) of carcase weight equivalent) COMMUNITY TARIFF QUOTAS
FOR 2006

Country
group
No

CN codes

Ad valorem
duty
%

Specific duty
EUR/100 Kg

1

0204

Zero

Zero

Order number under ‘first-come, first-served’

Live animals
(Coefficient =
0,47)

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

Boneless
mutton/sheep (2)
(Coefficient =
1,81)

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

Origin

Annual
volume in
tonnes of
carcase
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

227 854

09.2111

09.2112

09.2014

Uruguay

09.2115

09.2116

09.1922

Chile

09.2119

09.2120

09.0790

Iceland

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

5 800

5 600

1 350

300

100

20

200

100

Zero

Zero

09.2141

09.2145

09.2149

09.1622

ACP States

—

—

—

—

—

—

—

—

—

—

—

—

0204

0204

Zero

Zero

Zero

Zero

2

3

4

0104 10 30,
0104 10 80 and
0104 20 90.
For the species ‘other
than 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 (3)

0204

0104 10 30
0104 10 80
0104 20 90

Zero

65 %
reduction
of specific
duties

Zero

10 %

Zero

Zero

09.2161

09.2165

09.1626

ACP States

500

09.2171

09.2175

09.2015

Others

09.2181

—

—

09.2019

Others

200

49

(1) And goatmeat of kid.
(2) And goatmeat other than of kid.
(3) ‘Others’ shall refer to all origins including the ACP States and excluding the other countries mentioned in the current table.