Commission Regulation (EC) No 1150/2008 of 19 November 2008 opening Community tariff quotas for 2009 for sheep, goats, sheepmeat and goatmeat
Date: 2008-11-19
Institutions: European Commission
Subjects: goat, goatmeat, live animal, sheep, sheepmeat, tariff quota

20.11.2008

EN

Official Journal of the European Union

L 309/5

COMMISSION REGULATION (EC) No 1150/2008

of 19 November 2008

opening Community tariff quotas for 2009 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 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (1), and in particular Articles 144(1) and 148
in conjunction with Article 4 thereof,

Whereas:

Community tariff quotas for sheepmeat and goatmeat
should be opened for 2009. The duties and quantities
should be fixed in accordance with the respective inter­
national agreements in force during the year 2009.

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 2009.

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 2009 with regard to the
quotas concerned are the sum of half of the quantity for
the period from 1 July 2008 to 30 June 2009 and half of
the quantity for the period from 1 July 2009 to 30 June
2010.

for
the application of Council Regulation (EEC) No
3013/89 as regards the import and export of products
in the sheepmeat and goatmeat sector (3), be managed in
conformity with Article 144(2)(a) of Regulation (EC) No
1234/2007. This should be done in accordance with
Articles 308a, 308b and 308c(1) of Commission Regu­
lation (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 (4).

as

the

under

firstcome,

the meaning

non-critical within

Tariff quotas under this Regulation should be regarded
initially
of
Article 308c of Regulation (EEC) No 2454/93 when
managed
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 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.

firstserved

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

from the tariff quotas under

to benefit

(6)

(7)

(8) 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

(9)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee
the
Agricultural Markets,

the Common Organisation of

for

A carcass weight equivalent needs to be fixed in order to
the Community tariff
ensure a proper functioning of
quotas.

HAS ADOPTED THIS REGULATION:

Article 1

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

This Regulation opens Community import
sheep, goats, sheepmeat and goatmeat
1 January to 31 December 2009.

tariff quotas for
for the period from

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 46, 20.2.2003, p. 1.

(3) OJ L 143, 27.6.1995, p. 7.
(4) OJ L 253, 11.10.1993, p. 1.

(1)

(2)

(3)

(4)

(5)

L 309/6

EN

Official Journal of the European Union

20.11.2008

Article 2

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

1.
The quantities, expressed in carcass-weight equivalent, for
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 ‘carcass
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;

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 and, in addition to the elements provided for in
that Article, the following data:

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

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

(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.

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 2009.
Article 308c(2) and (3) of that Regulation shall not apply. No
import licences shall be required.

— the order number or order numbers of the tariff quota

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.

Article 5

Article 6

1.
In order to benefit from the tariff quotas set out in the
Annex, a valid proof of origin issued by the competent auth­
orities of the third country concerned together with a customs
the goods
declaration for

free circulation for

release for

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

It shall apply from 1 January 2009.

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

Done at Brussels, 19 November 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

20.11.2008

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Official Journal of the European Union

L 309/7

ANNEX

SHEEPMEAT AND GOATMEAT (in tonnes (t) of carcass weight equivalent) COMMUNITY TARIFF QUOTAS
FOR 2009

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
carcasses
(coefficient =
1,00)

Origin

Annual volume
in tonnes of
carcass weight
equivalent

—

—

—

—

—

—

—

—

—

—

—

09.2101

09.2102

09.2011

Argentina

09.2105

09.2106

09.2012

Australia

23 000

18 786

09.2109

09.2110

09.2013

New Zealand

227 854

09.2111

09.2112

09.2014

Uruguay

09.2115

09.2116

09.1922

Chile

09.2121

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

09.2171

09.2175

09.2015

Others (3)

5 800

6 200

300

100

20

200

200

09.2119

09.2120

09.0790

Iceland

1 850

Zero

Zero

2

3

0204,
0210 99 21,
0210 99 29,
0210 99 60

0104 10 30
0104 10 80
0104 20 90

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

10 %

Zero

09.2181

—

—

09.2019

Erga omnes (4)

92