Commission Regulation (EC) No 1563/2007 of 21 December 2007 opening Community import tariff quotas for 2008 for sheep, goats, sheepmeat and goatmeat
Date: 2007-12-21
Institutions: European Commission
Subjects: goat, goatmeat, live animal, sheep, sheepmeat, tariff quota

L 340/32

EN

Official Journal of the European Union

22.12.2007

COMMISSION REGULATION (EC) No 1563/2007

of 21 December 2007

opening Community import tariff quotas for 2008 for sheep, goats, sheepmeat and goatmeat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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)

(3)

(4)

Community tariff quotas for sheepmeat and goatmeat
should be opened for 2008. 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 2008.

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. Therefore, a further
200 tonnes shall be added to the GATT/WTO quota for
Chile and both quotas should continue to be managed in
the same way during 2008.

The Agreement in the form of an Exchange of Letters
between the European Community and the Republic of
Iceland concerning additional trade preferences in agri-
cultural products undertaken on the basis of Article 19
of the Agreement on the European Economic Area (3), as
approved by Council Decision 2007/138/EC (4), provides
tariff quota
for the granting of an additional annual
fresh,
quantity of 500 tonnes
chilled,
Iceland.
frozen or
Therefore, the quantity available for Iceland should be
adjusted accordingly.

(carcass weight) of

smoked sheepmeat

for

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 Regulation should be managed
on a calendar-year basis, the corresponding quantities to
be fixed for the calendar year 2008 with regard to the
quotas concerned are the sum of half of the quantity for

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

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

the period from 1 July 2007 to 30 June 2008 and half of
the quantity for the period from 1 July 2008 to 30 June
2009.

A carcas-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.

Quotas of the sheepmeat and goatmeat 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 goatmeat sector (5), be
managed in conformity with Article 16(2)(a) of Regu-
lation (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 (6).

the

firstcome,

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
firstserved system. Therefore,
under
customs authorities should be authorised to waive the
for security in respect of goods initially
requirement
imported under
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 Regulation should not apply.

those quotas

It should be clarified which kind of proof certifying the
origin of products has to be provided by operators in
order
the
firstcome firstserved system.

from the tariff quotas under

to benefit

(5)

(6)

(7)

(8)

(9) 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

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

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

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

(3) OJ L 61, 28.2.2007, p. 29.
(4) OJ L 61, 28.2.2007, p. 28.

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 214/2007 (OJ L 62, 1.3.2007, p. 6).

22.12.2007

EN

Official Journal of the European Union

L 340/33

(10)

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

imports may be

(11)

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 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 shall be managed on a firstcome, firstserved basis in
accordance with Articles 308a, 308b and 308c(1) of Regulation
(EEC) No 2454/93 from 1 January to 31 December 2008.
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.

free circulation for

release for

Article 1

tariff quotas for
This Regulation opens Community import
sheep, goats, sheepmeat and goatmeat for the period from 1
January to 31 December 2008.

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.

Article 2

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

2.
follows:

The customs duties applicable to the products under the quotas
referred to in Article 1, the CN codes, the countries of origin,
listed by country group and the order numbers are set out in
the Annex.

Article 3

The quantities, expressed in carcas-weight equivalent, for
1.
the import of products under the quotas referred to in Article 1,
shall be those as laid down in the Annex.

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

(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),

(a)

for live animals: 0,47;

— the order number or order numbers of the tariff quota

concerned,

(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.

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

(1) OJ L 18, 23.1.2003, p. 11.
(2) OJ L 24, 30.1.1998, p. 9. Directive as last amended by Council

Directive 2006/104/EC (OJ L 363, 20.12.2006, p. 352).

— 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.

L 340/34

EN

Official Journal of the European Union

22.12.2007

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

Article 6

It shall apply from 1 January 2008.

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

Done at Brussels, 21 December 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

22.12.2007

EN

Official Journal of the European Union

L 340/35

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