Commission Implementing Regulation (EU) 2024/1178 of 23 April 2024 amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 as regards the creation, modification and management of certain tariff quotas following the free trade agreement between the European Union and New Zealand
Date: 2024-04-23
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: New Zealand, agreement (EU), agricultural product, animal product, common organisation of markets, common tariff policy, export licence, import (EU), import licence, tariff quota




L_202401178EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/1178


24.4.2024







            COMMISSION IMPLEMENTING REGULATION (EU) 2024/1178
of 23 April 2024
         
amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 as regards the creation, modification and management of certain tariff quotas following the free trade agreement between the European Union and New Zealand


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 187 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2020/761 (2) lays down the rules for the management of import and export tariff quotas for agricultural products managed by a system of import and export licences and provides for specific rules for that management.












(2)


Commission Implementing Regulation (EU) 2020/1988 (3) lays down the rules for the administration of import tariff quotas designed to be used following the chronological order of dates of acceptance of customs declarations (‘first come, first served’ principle).












(3)


In accordance with Council Decision (EU) 2024/244 (4), the Free Trade Agreement between the European Union and New Zealand (‘the Agreement’) was concluded on 27 November 2023.












(4)


The amendments made by that Agreement should be reflected in Annexes I, VIII, IX, XIV and XVI to Implementing Regulation (EU) 2020/761 and in Annexes I, II and V to Implementing Regulation (EU) 2020/1988.












(5)


Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 should therefore be amended accordingly.












(6)


Transitional provisions are needed to clarify the quantities to be applied in the first year of application, and how to handle the situations that may arise as a result of closing and opening quotas in the same quota period.












(7)


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





HAS ADOPTED THIS REGULATION:



Article 1

Amendments to Implementing Regulation (EU) 2020/761

Implementing Regulation (EU) 2020/761 is amended as follows:






(1)


in Article 1, first paragraph, point (m) is replaced by the following:






‘(m)


the notification to the Commission of information related to the LORI electronic system, certificates of authenticity (CA), Inward Monitoring Arrangement (IMA 1) certificates, and certificates of eligibility.’;














(2)


in Article 13, paragraph 4 is replaced by the following:

‘4.   Unless otherwise provided for in Title III, licences issued for import tariff quotas managed with documents issued by third countries shall be valid from their date of issue until 23.59 (Brussels time) of the 30th calendar day after the last day of validity of the IMA 1 certificates or CA for which they have been issued. That period of validity shall not exceed the end of the tariff quota period. Licences issued for import tariff quotas managed with certificates of eligibility shall be valid from their date of issue until 23.59 (Brussels time) of the last day of the tariff quota period.’
;









(3)


Article 17 is amended as follows:






(a)


the title is replaced by the following:

                                          ‘
                                          Notifications to the Commission of information related to the LORI electronic system, certificates of authenticity, certificates of eligibility and IMA 1 certificates
                                          ’;










(b)


paragraph 6 is replaced by the following:

‘6.   Member States shall notify the Commission, for each certificate of authenticity, certificate of eligibility or IMA 1 certificate lodged by an operator in relation to tariff quotas managed with documents issued by third countries, of the number of the corresponding licence they have issued and the quantity covered by that licence. The notification shall be made before the issued licence is made available to the operator.’
;













(4)


in Article 42, the following subparagraph is inserted after the ninth subparagraph:

                              ‘In accordance with the Free Trade Agreement between the European Union and New Zealand, approved by Council Decision (EU) 2024/244 (*1), tariff quotas are open for imports into the Union of beef subject to the conditions laid down in this Regulation.

(*1)  Council Decision (EU) 2024/244 of 27 November 2023 on the conclusion, on behalf of the Union, of the Free Trade Agreement between the European Union and New Zealand (OJ L, 2024/244, 28.2.2024, ELI: http://data.europa.eu/eli/dec/2024/244/oj).’;"
                        










(5)


in Article 44, paragraph 2 is replaced by the following:

‘2.   Upon application for the import licence, applicants shall submit the certificate of authenticity or the certificate of eligibility and a copy thereof to the licence issuing authority. The competent authorities may issue import licences only where they are satisfied that all the information on the certificate of authenticity or on the certificate of eligibility corresponds to that received each week from the Commission.
Where only a copy of the certificate of authenticity or of the certificate of eligibility has been presented or where the original of the certificate of authenticity or of the certificate of eligibility has been presented but the information in that document is not in conformity with the information provided by the Commission, the competent authorities shall request the licence applicant to lodge an additional security pursuant to Article 45.’
;









(6)


Article 45 is amended as follows:






(a)


in paragraph 1, the second subparagraph is replaced by the following:

                                          ‘However, such an additional security shall not be required where the authority of the exporting country has provided a copy of the certificate of authenticity or certificate of eligibility by means of the information system referred to in Article 72(8).’;










(b)


paragraph 2 is replaced by the following:

‘2.   Member States shall release the additional security once they receive the original of the certificate of authenticity or of the certificate of eligibility and are satisfied that its content corresponds to the information received from the Commission.’
;













(7)


the following Article 46a is inserted:

‘Article 46a
Tariff quota for fresh and frozen beef and veal originating in New Zealand with order number 09.4456

1.   This Article applies to tariff quota with order number 09.4456.


2.   Issuing an import licence and release for free circulation of quantities imported under the tariff quota referred to in paragraph 1 shall be conditional upon presentation of a certificate of eligibility.


3.   Certificates of eligibility shall be drawn up in accordance with the model set out in Annex XIV, point 6.


4.   Certificates of eligibility shall be completed in one of the official languages of the Union.


5.   Certificates of eligibility shall bear an individual serial number allocated by the issuing authority.


6.   Certificates of eligibility shall be valid only if they are duly completed and endorsed by the issuing authority for the import tariff quota concerned.


7.   Certificates of eligibility shall be considered to have been duly endorsed if they state the date and place of issue and if they bear a printed seal or the stamp of the issuing authority and the signature of the person or persons empowered to sign them.


8.   Certificates of eligibility shall be valid until the end of the applicable tariff quota period.


9.   The conversion factors laid down in Part C of Annex XVI shall be used to convert product weight to carcass weight equivalent for the tariff quota with order number 09.4456.’

;









(8)


in Article 48, the following paragraph is inserted after the second paragraph:

                              ‘In accordance with the Free Trade Agreement between the European Union and New Zealand, approved by Decision (EU) 2024/244, tariff quotas are open for imports into the Union of milk powders, butter and cheese subject to the conditions laid down in this Regulation.’;










(9)


Article 49 is replaced by the following:

‘Article 49
New Zealand WTO cheese tariff quota

1.   This Article applies to tariff quota with order number 09.4516.


2.   Customs authorities shall indicate the serial number of the IMA 1 certificate in Section 31 of the import licence.


3.   IMA 1 certificates shall be drawn up in accordance with the model set out in Annex XIV.5, Part A, point A1.’

;









(10)


Article 50 is replaced by the following:

‘Article 50
New Zealand WTO butter tariff quotas

1.   This Article applies to tariff quotas under order numbers 09.4523, 09.4524 and 09.4525.


2.   Customs authorities shall indicate the serial number of the IMA 1 certificate in Section 31 of the import licence.


3.   IMA 1 certificates shall be drawn up in accordance with the model set out in Annex XIV.5, Part A, point A2.


4.   The quantities notified by the competent authorities to the Commission for tariff quotas under order numbers 09.4523, 09.4524 and 09.4525 shall be broken down by CN code.’

;









(11)


the following Article 51 is inserted:

‘Article 51
Tariff quotas for milk powder, butter and cheese originating in New Zealand with order numbers 09.4518, 09.4519 and 09.4520

1.   This Article applies to tariff quotas with order numbers 09.4518, 09.4519 and 09.4520.


2.   Issuing an import licence and release for free circulation of quantities imported under the tariff quotas referred to in paragraph 1 shall be conditional upon presentation of a certificate of eligibility.


3.   Certificates of eligibility shall be drawn up in accordance with the model set out in Annex XIV.7.


4.   Certificates of eligibility shall be completed in one of the official languages of the Union.


5.   Certificates of eligibility shall bear an individual serial number allocated by the issuing authority.


6.   Certificates of eligibility shall be valid only if they are duly completed and endorsed by the issuing authority for the import tariff quota concerned.


7.   Certificates of eligibility shall be considered to have been duly endorsed if they state the date and place of issue and if they bear a printed seal or the stamp of the issuing authority and the signature of the person or persons empowered to sign them.


8.   Certificates of eligibility shall be valid until the end of the applicable tariff quota period.’

;









(12)


in Article 52, paragraph 2 is replaced by the following:

‘2.   Import licences for those tariff quotas shall cover the total net quantity indicated on the IMA1 certificate or the certificate of eligibility.’
;









(13)


Article 72 is amended as follows:






(a)


in paragraph 1, the following point (c) is added:






‘(c)


a certificate of eligibility for the sectors of beef and veal and of milk and milk products.’;














(b)


paragraphs 3 to 6 are replaced by the following:

‘3.   With the exception of tariff quotas referred to in Article 49 and 50, operators shall present to the licence issuing authority of the Member State of import the original of the certificate of authenticity, of certificate of eligibility or of the IMA 1 certificate together with their application for import licence. The operator shall also provide a copy of the certificate of authenticity, of the certificate of eligibility or of the IMA 1 certificate if so required by the licence issuing authority. The application shall be made within the period of validity of the certificate of authenticity, of the certificate of eligibility or of the IMA 1 certificate and no later than the last day of the tariff quota period concerned.


4.   The licence issuing authority shall verify that information on the certificate of authenticity, on the certificate of eligibility and on the IMA 1 certificate corresponds to the information it received from the Commission. If that is the case and unless instructed otherwise by the Commission, the licence issuing authority shall issue import licences without delay, no later than six calendar days after receiving the application submitted with a certificate of authenticity, a certificate of eligibility or IMA 1 certificate.


5.   One certificate of authenticity, certificate of eligibility or IMA 1 certificate shall be used for issuing one import licence only.


6.   The licence issuing authority shall note on the certificate of authenticity, the certificate of eligibility or IMA 1 certificate and on their copy the licence issue number and the quantity for which that document was used. The quantity shall be expressed in whole units, rounded to the nearest kilogram in accordance with the rules set out in Article 8(2), point (a), of Implementing Regulation (EU) 2016/1239. The certificate of authenticity, the certificate of eligibility or IMA 1 certificate shall be kept by the licence issuing authority. The copy shall be returned to the applicant to be used for customs procedures where so indicated in Title III of this Regulation.’
;









(c)


in paragraph 8, the first sentence is replaced by the following:

                                          ‘Once the exporting country has issued one or more certificates of authenticity, certificates of eligibility or IMA 1 certificates, it shall immediately communicate the issue of these documents to the Commission.’;










(d)


paragraph 9 is replaced by the following:

‘9.   The Commission shall make available to the licence issuing and customs authorities of the Member States the specimens of the stamp imprints used by the issuing authority in the exporting country for issuing the certificate of authenticity or the certificate of eligibility. Names and signatures of the persons authorised to sign the certificate of authenticity or the certificate of eligibility, communicated to the Commission by the authorities of exporting countries, shall also be made available to the licence issuing and customs authorities of the Member States. The access to the Specimen Management System (SMS) database containing this information shall be restricted to authorised persons and shall be made available to Member States by means of an information system set up in accordance with Articles 57 and 58 of Implementing Regulation (EU) 2015/2447.’
;













(14)


Annexes I, VIII, IX, XIV and XVI are amended in accordance with Annex I to this Regulation.






Article 2

Amendments to Implementing Regulation (EU) 2020/1988

Implementing Regulation (EU) 2020/1988 is amended as follows:






(1)


the following Article 31a is inserted:

‘Article 31a
Tariff quotas for fresh, chilled and frozen sheep and goatmeat originating in New Zealand with order numbers 09.7901, 09.7898, 09.7899, 09.7902, 09.7896 and 09.7897

1.   This Article applies to tariff quotas with order numbers 09.7901, 09.7898, 09.7899, 09.7902, 09.7896 and 09.7897.


2.   Release for free circulation of quantities imported under the tariff quotas referred to in paragraph 1 shall be conditional upon presentation of a certificate of eligibility.


3.   Certificates of eligibility shall be drawn up in accordance with the model set out in Annex II, point H.


4.   Certificates of eligibility shall be completed in one of the official languages of the Union.


5.   Certificates of eligibility shall bear an individual serial number allocated by the issuing authority.


6.   Certificates of eligibility shall be valid only if they are duly completed and endorsed by the issuing authority for the import tariff quota concerned.


7.   Certificates of eligibility shall be considered to have been duly endorsed if they state the date and place of issue and if they bear a printed seal or the stamp of the issuing authority and the signature of the person or persons empowered to sign them.


8.   Certificates of eligibility shall be valid until the end of the applicable tariff quota period.


9.   The conversion factors laid down in Annex V shall be used to convert product weight to carcass weight equivalent for the tariff quotas with order number 09.7901, 09.7898, 09.7899, 09.7902, 09.7896 and 09.7897.’

;









(2)


in Chapter II, the following Section 9 is added:

                                       ‘
                                       SECTION 9


DAIRY PROCESSED AGRICULTURAL PRODUCTS AND HIGH PROTEIN WHEY


Article 31b
Tariff quota for dairy processed agricultural products and high protein whey originating in New Zealand with order number 09.7903

1.   This Article applies to tariff quota with order number 09.7903.


2.   Release for free circulation of quantities imported under the tariff quota referred to in paragraph 1 shall be conditional upon presentation of a certificate of eligibility.


3.   Certificates of eligibility shall be drawn up in accordance with the model set out in Annex II, point H.


4.   Certificates of eligibility shall be completed in one of the official languages of the Union.


5.   Certificates of eligibility shall bear an individual serial number allocated by the issuing authority.


6.   Certificates of eligibility shall be valid only if they are duly completed and endorsed by the issuing authority for the import tariff quota concerned.


7.   Certificates of eligibility shall be considered to have been duly endorsed if they state the date and place of issue and if they bear a printed seal or the stamp of the issuing authority and the signature of the person or persons empowered to sign them.


8.   Certificates of eligibility shall be valid until the end of the applicable tariff quota period.’

;









(3)


Annexes I and II are amended in accordance with Annex II to this Regulation;










(4)


Annex V is added, the text of which is set out in Annex III to this Regulation.






Article 3

Transitional provisions


1.   For the tariff quota period 2024, the quantities to be used for tariff quotas with order numbers 09.4456, 09.4518, 09.4519 and 09.4520 are pro rata quantities calculated for the proportion starting from the entry into application of this Regulation until the end of that tariff quota period.
For the tariff quota period 2024, the quantity of 6 031 000 kg to be used for WTO cheese tariff quota with order number 09.4516 is deducted by the cumulated quantity for which licences have been issued between 1 January and 30 April 2024 for WTO cheese tariff quotas with order numbers 09.4514 and 09.4515.
For the tariff quota period 2024, the quantity of 12 177 000 kg to be used for WTO butter tariff quota with order number 09.4525 is deducted by the cumulated quantity for which licences have been issued between 1 January and 30 April 2024 for WTO butter tariff quotas with order numbers 09.4182 and 09.4195.


2.   The licences issued before the entry into application of this Regulation for tariff quotas 09.4182, 09.4195, 09.4454, 09.4514 and 09.4515 shall remain valid until the end of their validity period.


3.   For the tariff quota period 2024, the quantities to be used for tariff quotas with order numbers 09.7904, 09.7901, 09.7898, 09.7899, 09.7902, 09.7896, 09.7897, 09.7903 and 09.7905 are pro rata quantities calculated for the proportion starting from the entry into application of this Regulation until the end of that tariff quota period.



Article 4

Entry into force and application

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 May 2024.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 April 2024.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 347, 20.12.2013, p. 671, ELI: http://data.europa.eu/eli/reg/2013/1308/oj.

(2)  Commission Implementing Regulation (EU) 2020/761 of 17 December 2019 laying down rules for the application of Regulations (EU) No 1306/2013, (EU) No 1308/2013 and (EU) No 510/2014 of the European Parliament and of the Council as regards the management system of tariff quotas with licences (OJ L 185, 12.6.2020, p. 24, ELI: http://data.europa.eu/eli/reg_impl/2020/761/oj).

(3)  Commission Implementing Regulation (EU) 2020/1988 of 11 November 2020 laying down rules for the application of Regulations (EU) No 1308/2013 and (EU) No 510/2014 of the European Parliament and of the Council as regards the administration of import tariff quotas in accordance with the ‘first come, first served’ principle (OJ L 422, 14.12.2020, p. 4, ELI: http://data.europa.eu/eli/reg_impl/2020/1988/oj).

(4)  Council Decision (EU) 2024/244 of 27 November 2023 on the conclusion, on behalf of the Union, of the Free Trade Agreement between the European Union and New Zealand (OJ L, 2024/244, 28.2.2024, ELI: http://data.europa.eu/eli/dec/2024/244/oj).




ANNEX I
Annexes I, VIII, IX, XIV and XVI to Implementing Regulation (EU) 2020/761 are amended as follows:






(1)


Annex I is amended as follows:






(a)


after the row relating to the tariff quota with order number 09.4505, the following row relating to the tariff quota with order number 09.4456 is inserted:












‘09.4456


Beef and veal


Import


EU: documents issued by the exporting country


No


No


 


No’














(b)


the rows relating to the tariff quotas with order numbers 09.4182, 09.4195, 09.4514 and 09.4515 are deleted;










(c)


after the row relating to the tariff quota with order number 09.4229, the following row relating to the tariff quota with order number 09.4516 is inserted:












‘09.4516


Milk and milk products


Import


EU: simultaneous examination


No


Yes


 


No’














(d)


after the row relating to the tariff quota with order number 09.4602, the following rows relating to the tariff quotas with order numbers 09.4518, 09.4519, 09.4520, 09.4523, 09.4524 and 09.4525 are inserted:












‘09.4518


Milk and milk products


Import


EU: documents issued by the exporting country


No


No


 


No




09.4519


Milk and milk products


Import


EU: documents issued by the exporting country


No


No


 


No




09.4520


Milk and milk products


Import


EU: documents issued by the exporting country


No


No


 


No




09.4523


Milk and milk products


Import


EU: simultaneous examination


No


Yes


 


No




09.4524


Milk and milk products


Import


EU: simultaneous examination


No


Yes


 


No




09.4525


Milk and milk products


Import


EU: simultaneous examination


No


Yes


 


No’


















(2)


Annex VIII is amended as follows:






(a)


the table relating to the tariff quota with order number 09.4454 is amended as follows:






(i)


the row ‘International agreement or other act’ is replaced by the following:






‘International agreement or other act



Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV.6 negotiations
Council Decision (EU) 2024/244 of 27 November 2023 on the conclusion of the Free Trade Agreement between the European Union and New Zealand’














(ii)


the row ‘In-quota customs duty’ is replaced by the following:






‘In-quota customs duty



7,5 %’


















(b)


the following table relating to the tariff quota with order number 09.4456 is added:






‘Order number




09.4456






International agreement or other act



Council Decision (EU) 2024/244 of 27 November 2023 on the conclusion of the Free Trade Agreement between the European Union and New Zealand





Tariff quota period



1 January to 31 December





Tariff quota sub-periods



No





Licence application



In accordance with Articles 6, 7 and 8 of this Regulation





Product description



Fresh, chilled or frozen meat, fats or preparations of bovine animals which have been raised under New Zealand’s pastoral farming conditions, i.e. excluding commercial feedlots.





Origin



New Zealand





Proof of origin at licence application. If yes, body authorised to issue it



Yes. Certificate of eligibility the template of which is set out in Annex XIV to this Regulation





Proof of origin for release into free circulation



Yes. Certificate of eligibility the template of which is set out in Annex XIV to this Regulation





Quantity in kg



2024 Pro rata of 3 333 000  kg
2025 4 286 000  kg
2026 5 238 000  kg
2027 6 190 000  kg
2028 7 143 000  kg
2029 8 095 000  kg
2030 9 048 000  kg
2031
and subsequent years 10 000 000  kg
of carcass weight equivalent





CN codes



0201 , 0202 , 0206 10 95 , 0206 29 91 , 0210 20 10 , 0210 20 90 , 0210 99 51 , 0210 99 59 , ex 1502 10 90  (beef only), ex 1502 90 90  (beef only) and 1602 50 





In-quota customs duty



7,5 % for CN codes 0201 , 0202 , 0206 10 95 , 0206 29 91 , 0210 20 10 , 0210 20 90 , 0210 99 51 , 0210 99 59  and 1602 50 
3,2 % for CN codes ex 1502 10 90  (beef only), ex 1502 90 90  (beef only)





Proof of trade



No





Security for import licence



EUR 12 per 100 kg





Specific entries to be made on the licence application and on the licence



Section 8 of the import licence application and of the import licence shall indicate the country of origin; box “yes” in that section shall be crossed





Period of validity of a licence



In accordance with Article 13 of this Regulation





Transferability of licence



Yes





Reference quantity



No





Operator registered in LORI database



No





Specific conditions



“Frozen meat” means meat that is frozen and has an internal temperature of – 12 °C or lower when it enters the customs territory of the Union
The cuts shall be labelled in accordance with Article 13 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council
The conversion factors laid down in Part C of Annex XVI to this Regulation shall be used to convert product weight to carcass weight equivalent for the products covered by order number 09.4456
In accordance with Article 46a of this Regulation’


















(3)


Annex IX is amended as follows:






(a)


the tables relating to the tariff quotas with order numbers 09.4182 and 09.4195 are replaced by the following tables relating to the tariff quotas with order numbers 09.4523, 09.4524 and 09.4525:






‘Order number




09.4523






International agreement or other act



Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994)
Council Decision (EU) 2024/244 of 27 November 2023 on the conclusion of the Free Trade Agreement between the European Union and New Zealand





Tariff quota period



1 January to 31 December





Tariff quota sub-periods



No





Licence application



In accordance with Articles 6, 7 and 8 of this Regulation





Product description



Butter





Origin



New Zealand





Proof of origin at licence application. If yes, body authorised to issue it



No





Proof of origin for release into free circulation



Yes. IMA 1 certificate the template of which is set out in Annex XIV to this Regulation





Quantity in kg



2024 and subsequent years 21 000 000  kg





CN codes



0405 10 





In-quota customs duty



2024 20 % of the MFN rate
2025 15 % of the MFN rate
2026 13,33 % of the MFN rate
2027 11,64 % of the MFN rate
2028 9,98 % of the MFN rate
2029 8,32 % of the MFN rate
2030 6,66 % of the MFN rate
2031
and subsequent years 5 % of the MFN rate





Proof of trade



Yes. 100 tonnes.





Security for import licence



EUR 35 per 100 kg net weight





Specific entries to be made on the licence application and on the licence



Section 8 of the import licence application and of the import licence shall indicate the country of origin; box “yes” in that section shall be crossed





Period of validity of a licence



In accordance with Article 13 of this Regulation





Transferability of licence



Yes





Reference quantity



No





Operator registered in LORI database



No





Specific conditions



In accordance with Articles 50, 53 and 54 of this Regulation














Order number




09.4524






International agreement or other act



Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994)
Council Decision (EU) 2024/244 of 27 November 2023 on the conclusion of the Free Trade Agreement between the European Union and New Zealand





Tariff quota period



1 January to 31 December





Tariff quota sub-periods



No





Licence application



In accordance with Articles 6, 7 and 8 of this Regulation





Product description



Butter





Origin



New Zealand





Proof of origin at licence application. If yes, body authorised to issue it



No





Proof of origin for release into free circulation



Yes. IMA 1 certificate the template of which is set out in Annex XIV to this Regulation





Quantity in kg



2024 and subsequent years 14 000 000  kg





CN codes



0405 10 





In-quota customs duty



30 % of the MFN rate





Proof of trade



Yes. 100 tonnes.





Security for import licence



EUR 35 per 100 kg net weight





Specific entries to be made on the licence application and on the licence



Section 8 of the import licence application and of the import licence shall indicate the country of origin; box “yes” in that section shall be crossed





Period of validity of a licence



In accordance with Article 13 of this Regulation





Transferability of licence



Yes





Reference quantity



No





Operator registered in LORI database



No





Specific conditions



In accordance with Articles 50, 53 and 54 of this Regulation














Order number




09.4525






International agreement or other act



Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994)
Council Decision (EU) 2024/244 of 27 November 2023 on the conclusion of the Free Trade Agreement between the European Union and New Zealand





Tariff quota period



1 January to 31 December





Tariff quota sub-periods



No





Licence application



In accordance with Articles 6, 7 and 8 of this Regulation





Product description



Butter





Origin



New Zealand





Proof of origin at licence application. If yes, body authorised to issue it



No





Proof of origin for release into free circulation



Yes. IMA 1 certificate the template of which is set out in Annex XIV to this Regulation





Quantity in kg



2024 In accordance with Article 3(1), third subparagraph, of Implementing Regulation (EU) 2024/1178
2025 and subsequent years 12 177 000  kg





CN codes



0405 10 





In-quota customs duty



EUR 70/100 kg net weight





Proof of trade



Yes. 100 tonnes.





Security for import licence



EUR 35 per 100 kg net weight





Specific entries to be made on the licence application and on the licence



Section 8 of the import licence application and of the import licence shall indicate the country of origin; box “yes” in that section shall be crossed





Period of validity of a licence



In accordance with Article 13 of this Regulation





Transferability of licence



Yes





Reference quantity



No





Operator registered in LORI database



No





Specific conditions



In accordance with Articles 50, 53 and 54 of this Regulation’














(b)


tables relating to the tariff quotas with order numbers 09.4514 and 09.4515 are replaced by the following table relating to the tariff quota with order number 09.4516:






‘Order number




09.4516






International agreement or other act



Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994)
Council Decision (EU) 2024/244 of 27 November 2023 on the conclusion of the Free Trade Agreement between the European Union and New Zealand





Tariff quota period



1 January to 31 December





Tariff quota sub-periods



No





Licence application



In accordance with Articles 6, 7 and 8 of this Regulation





Product description



Cheese and curd





Origin



New Zealand





Proof of origin at licence application. If yes, body authorised to issue it



No





Proof of origin for release into free circulation



Yes. IMA 1 certificate the template of which is set out in Annex XIV to this Regulation





Quantity in kg



2024 In accordance with Article 3(1), second subparagraph, of Implementing Regulation (EU) 2024/1178
2025 and subsequent years 6 031 000  kg





CN codes



0406 





In-quota customs duty



EUR 0





Proof of trade



Yes. 25 tonnes





Security for import licence



EUR 35 per 100 kg net weight





Specific entries to be made on the licence application and on the licence



Section 8 of the import licence application and of the import licence shall indicate the country of origin; box “yes” in that section shall be crossed





Period of validity of a licence



In accordance with Article 13 of this Regulation





Transferability of licence



Yes





Reference quantity



No





Operator registered in LORI database



No





Specific conditions



In accordance with Articles 49, 53 and 54 of this Regulation’














(c)


the following tables relating to the tariff quota with order numbers 09.4518, 09.4519 and 09.4520 are added:






‘Order number




09.4518






International agreement or other act



Council Decision (EU) 2024/244 of 27 November 2023 on the conclusion of the Free Trade Agreement between the European Union and New Zealand





Tariff quota period



1 January to 31 December





Tariff quota sub-periods



No





Licence application



In accordance with Articles 6, 7 and 8 of this Regulation





Product description



Milk and cream powders





Origin



New Zealand





Proof of origin at licence application. If yes, body authorised to issue it



Yes. Certificate of eligibility the template of which is set out in Annex XIV to this Regulation





Proof of origin for release into free circulation



Yes. Certificate of eligibility the template of which is set out in Annex XIV to this Regulation





Quantity in kg



2024 Pro rata of 5 000 000  kg
2025 6 428 000  kg
2026 7 857 000  kg
2027 9 286 000  kg
2028 10 714 000  kg
2029 12 143 000  kg
2030 13 571 000  kg
2031
and subsequent years 15 000 000  kg





CN codes



0402 10 , 0402 21 , 0402 29 





In-quota customs duty



20 % of the MFN rate





Proof of trade



No





Security for import licence



EUR 10 per 100 kg net weight





Specific entries to be made on the licence application and on the licence



Section 8 of the import licence application and of the import licence shall indicate the country of origin; box “yes” in that section shall be crossed
Section 20 of the import licence application shall contain the number of the certificate of eligibility and its date of issue
Section 20 of the import licence shall contain the entry “valid only if accompanied by certificate of eligibility No ……… issued on ……………….”





Period of validity of a licence



In accordance with Article 13 of this Regulation





Transferability of licence



Yes





Reference quantity



No





Operator registered in LORI database



No





Specific conditions



In accordance with Articles 51 and 72 of this Regulation














Order number




09.4519






International agreement or other act



Council Decision (EU) 2024/244 of 27 November 2023 on the conclusion of the Free Trade Agreement between the European Union and New Zealand





Tariff quota period



1 January to 31 December





Tariff quota sub-periods



No





Licence application



In accordance with Articles 6, 7 and 8 of this Regulation





Product description



Butter and other fats and oils derived from milk; dairy spreads





Origin



New Zealand





Proof of origin at licence application. If yes, body authorised to issue it



Yes. Certificate of eligibility the template of which is set out in Annex XIV to this Regulation





Proof of origin for release into free circulation



Yes. Certificate of eligibility the template of which is set out in Annex XIV to this Regulation





Quantity in kg



2024 Pro rata of 5 000 000  kg
2025 6 428 000  kg
2026 7 857 000  kg
2027 9 286 000  kg
2028 10 714 000  kg
2029 12 143 000  kg
2030 13 571 000  kg
2031
and subsequent years 15 000 000  kg





CN codes



0405 10 , 0405 20 , 0405 90 





In-quota customs duty



2024 20 % of the MFN rate
2025 15 % of the MFN rate
2026 13,33 % of the MFN rate
2027 11,64 % of the MFN rate
2028 9,98 % of the MFN rate
2029 8,32 % of the MFN rate
2030 6,66 % of the MFN rate
2031
and subsequent years 5 % of the MFN rate





Proof of trade



No





Security for import licence



EUR 10 per 100 kg net weight





Specific entries to be made on the licence application and on the licence



Section 8 of the import licence application and of the import licence shall indicate the country of origin; box “yes” in that section shall be crossed
Section 20 of the import licence application shall contain the number of the certificate of eligibility and its date of issue
Section 20 of the import licence shall contain the entry “valid only if accompanied by certificate of eligibility No … issued on …”





Period of validity of a licence



In accordance with Article 13 of this Regulation





Transferability of licence



Yes





Reference quantity



No





Operator registered in LORI database



No





Specific conditions



In accordance with Articles 51 and 72 of this Regulation














Order number




09.4520






International agreement or other act



Council Decision (EU) 2024/244 of 27 November 2023 on the conclusion of the Free Trade Agreement between the European Union and New Zealand.





Tariff quota period



1 January to 31 December





Tariff quota sub-periods



No





Licence application



In accordance with Articles 6, 7 and 8 of this Regulation





Product description



Cheese and curd





Origin



New Zealand





Proof of origin at licence application. If yes, body authorised to issue it



Yes. Certificate of eligibility the template of which is set out in Annex XIV to this Regulation





Proof of origin for release into free circulation



Yes. Certificate of eligibility the template of which is set out in Annex XIV to this Regulation





Quantity in kg



2024 Pro rata of 8 333 000  kg
2025 10 714 000  kg
2026 13 095 000  kg
2027 15 467 000  kg
2028 17 857 000  kg
2029 20 238 000  kg
2030 22 619 000  kg
2031
and subsequent years 25 000 000  kg





CN codes



From 2024 until 2030 included: 0406 10 , 0406 20 , 0406 30 , 0406 40  and 0406 90 
From 2031 onwards: 0406 10 , 0406 20  and 0406 90 





In-quota customs duty



EUR 0





Proof of trade



No





Security for import licence



EUR 10 per 100 kg net weight





Specific entries to be made on the licence application and on the licence



Section 8 of the import licence application and of the import licence shall indicate the country of origin; box “yes” in that section shall be crossed
Section 20 of the import licence application shall contain the number of the certificate of eligibility and its date of issue
Section 20 of the import licence shall contain the entry “valid only if accompanied by certificate of eligibility No ……… issued on ……………….”





Period of validity of a licence



In accordance with Article 13 of this Regulation





Transferability of licence



Yes





Reference quantity



No





Operator registered in LORI database



No





Specific conditions



In accordance with Articles 51 and 72 of this Regulation’


















(4)


Annex XIV is amended as follows:






(a)


in Section 5, Part A is amended as follows:






(i)


in point A1, the title is replaced by the following:






‘A1 –



TEMPLATE OF IMA 1 CERTIFICATE FOR TARIFF QUOTAS WITH ORDER NUMBERS 09.4516, 09.4521 AND 09.4522’;














(ii)


point A2 is amended as follows:






—


the title is replaced by the following:






‘A2 –



TEMPLATE OF IMA 1 CERTIFICATE FOR TARIFF QUOTAS WITH ORDER NUMBERS 09.4523, 09.4524 AND 09.4525’;














—


in the template of IMA 1 certificate the box called ‘CERTIFICATE’ is replaced by the following:






—



                                                               ‘CERTIFICATE




for the entry of certain New Zealand butter subject to the tariff quota referred to under quota order number 09.4523, 09.4524 and 09.4525’;














(iii)


point A3 is amended as follows:






—


the title is replaced by the following:






‘A3 –



DEFINITIONS AND RULES FOR THE COMPLETION AND VERIFICATION OF IMA 1 CERTIFICATES ISSUED FOR TARIFF QUOTAS WITH ORDER NUMBERS 09.4523, 09.4524 AND 09.4525’;














—


the ‘Definitions’ are amended as follows:






(aa)


point (a) is replaced by the following:






‘(a)


“producer” means a single production plant or factory in which butter is produced for export to the Union under the tariff quotas with order numbers 09.4523, 09.4524 and 09.4525;’;














(ab)


point (c) is replaced by the following:






‘(c)


“lot” means a quantity of butter covered by an IMA 1 certificate presented to the competent customs authority for entry for free circulation under the tariff quotas with order numbers 09.4523, 09.4524 and 09.4525;’;


























(b)


the following Sections XIV.6 and XIV.7 are added:
‘XIV.6   TEMPLATE OF CERTIFICATE OF ELIGIBILITY APPLICABLE FOR BEEF ORIGINATING IN NEW ZEALAND


Template of certificate of eligibility for tariff quotas with order number 09.4456











Issuing body for certificates of eligibility:




New Zealand Meat Board




P.O. BOX 121




WELLINGTON, NZ





www.nzmeatboard.org





Tel. +64 4 473 9150




XIV.7   TEMPLATE OF CERTIFICATE OF ELIGIBILITY APPLICABLE FOR MILK AND MILK PRODUCTS ORIGINATING IN NEW ZEALAND


Template of certificate of eligibility for tariff quotas with order numbers 09.4518, 09.4519 and 09.4520











Issuing body for certificates of eligibility:




New Zealand Ministry for Primary Industries




Pastoral House




25 The Terrace




PO Box 2526




Wellington 6140, NZ




Tel. +64 4 830 1574





www.mpi.govt.nz
                                             ’;


















(5)


Annex XVI is amended as follows:






(a)


the title is replaced by the following:






 



                                          ‘
                                          Conversion factors referred to in Articles 46, 46a, 66 and 68
                                          ’;














(b)


the following Part C is added:

                                             ‘
                                             Part C


Conversion factors for beef meat quotas opened in the framework of the Free Trade Agreement between the European Union and New Zealand

The following conversion factors shall be used to convert product weight to carcass weight equivalent for the products covered by order number 09.4456.






CN codes


Conversion factor




0201 10 00 


100  %




0201 20 20 


100  %




0201 20 30 


100  %




0201 20 50 


100  %




0201 20 90 


100  %




0201 30 00 


130  %




0202 10 00 


100  %




0202 20 10 


100  %




0202 20 30 


100  %




0202 20 50 


100  %




0202 20 90 


100  %




0202 30 10 


130  %




0202 30 50 


130  %




0202 30 90 


130  %




0206 10 95 


100  %




0206 29 91 


100  %




0210 20 10 


100  %




0210 20 90 


135  %




0210 99 51 


100  %




0210 99 59 


100  %




ex 1502 10 90  (beef only)


100  %




ex 1502 90 90  (beef only)


100  %




1602 50 10 


100  %




1602 50 31 


100  %




1602 50 95 


100  %’

















ANNEX II
Annexes I and II to Implementing Regulation (EU) 2020/1988 are amended as follows:






(1)


Annex I is amended as follows:






(a)


in the section under the heading ‘Tariff quotas in the sector of cereals and processed fruit and vegetable products’, the following table relating to the tariff quota with order number 09.7904 is added:






‘Order number




09.7904






Specific legal basis



Council Decision (EU) 2024/244 of 27 November 2023 on the conclusion of the Free Trade Agreement between the European Union and New Zealand





Product description and CN codes



Sweetcorn:
0710 40 00 
2005 80 





TARIC codes



—





Origin



New Zealand





Quantity



2024 Pro rata of 800 000  kg
2025 and subsequent years 800 000  kg





Tariff quota period



1 January to 31 December





Tariff quota sub-periods



Not applicable





Proof of origin



Claim for preferential treatment in accordance with Chapter 3, Article 3.16 of the Free Trade Agreement between the European Union and New Zealand





In-quota customs duty



EUR 0





Security to be lodged in accordance with Article 2 of Delegated Regulation (EU) 2020/1987



Not applicable





Specific conditions



Not applicable’














(b)


in the section under the heading ‘Tariff quotas in the sector of sheepmeat and goatmeat’, the following tables relating to the tariff quotas with order numbers 09.7901, 09.7898, and 09.7899; and 09.7902, 09.7896 and 09.7897 are added:






‘Order number




09.7901 (conversion factor 100 %)

09.7898 (conversion factor 167 %)

09.7899 (conversion factor 181 %)





Specific legal basis



Council Decision (EU) 2024/244 of 27 November 2023 on the conclusion of the Free Trade Agreement between the European Union and New Zealand





Product description and CN codes



Fresh/chilled sheep and goat meat:
0204 10 00 
0204 21 00 
0204 22 10 
0204 22 30 
0204 22 50 
0204 22 90 
0204 23 00 
0204 50 11 
0204 50 13 
0204 50 15 
0204 50 19 
0204 50 31 
0204 50 39 
Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal, of sheep and goats:
ex 0210 99 21 
ex 0210 99 29 





TARIC codes



0210992190 
0210992990 





Origin



New Zealand





Quantity



2024 Pro rata of 4 433 000  kg
2025 5 911 000  kg
2026 7 389 000  kg
2027 8 867 000  kg
2028 10 344 000  kg
2029 11 822 000  kg
2030
and subsequent years 13 300 000  kg
of carcass weight equivalent





Tariff quota period



1 January to 31 December





Tariff quota sub-periods



Not applicable





Proof of origin



Certificate of eligibility





In-quota customs duty



EUR 0





Security to be lodged in accordance with Article 2 of Delegated Regulation (EU) 2020/1987



Not applicable





Specific conditions



The conversion factors laid down in Annex V to this Regulation shall be used to convert product weight to carcass weight equivalent for the products covered by order numbers 09.7901, 09.7898 and 09.7899














Order number




09.7902 (conversion factor 100 %)

09.7896 (conversion factor 167 %)

09.7897 (conversion factor 181 %)





Specific legal basis



Council Decision (EU) 2024/244 of 27 November 2023 on the conclusion of the Free Trade Agreement between the European Union and New Zealand





Product description and CN codes



Frozen sheep and goat meat:
0204 30 00 
0204 41 00 
0204 42 10 
0204 42 30 
0204 42 50 
0204 42 90 
0204 43 10 
0204 43 90 
0204 50 51 
0204 50 53 
0204 50 55 
0204 50 59 
0204 50 71 
0204 50 79 
Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal, of sheep and goats:
ex 0210 99 21 
ex 0210 99 29 





TARIC codes



0210992110 
0210992910 





Origin



New Zealand





Quantity



2024 Pro rata of 8 233 000  kg
2025 10 978 000  kg
2026 13 722 000  kg
2027 16 467 000  kg
2028 19 211 000  kg
2029 21 956 000  kg
2030
and subsequent years 24 700 000  kg
of carcass weight equivalent





Tariff quota period



1 January to 31 December





Tariff quota sub-periods



Not applicable





Proof of origin



Certificate of eligibility





In-quota customs duty



EUR 0





Security to be lodged in accordance with Article 2 of Delegated Regulation (EU) 2020/1987



Not applicable





Specific conditions



The conversion factors laid down in Annex V to this Regulation shall be used to convert product weight to carcass weight equivalent for the products covered by order numbers 09.7902, 09.7896 and 09.7897’














(c)


the following sections are added:

                                    ‘
                                    Tariff quotas in the sector of milk and milk products and in the sector of processed agricultural products listed in Annex I to Regulation (EU) No 510/2014








Order number




09.7903






Specific legal basis



Council Decision (EU) 2024/244 of 27 November 2023 on the conclusion of the Free Trade Agreement between the European Union and New Zealand





Product description and CN codes



Dairy Processed Agricultural Products and High Protein Whey:
0404 10 12 
0404 10 14 
0404 10 16 
0404 90 21 
0404 90 23 
0404 90 29 
0404 90 81 
0404 90 83 
0404 90 89 
1806 20 70 
1901 90 99 
2106 90 92 
2106 90 98 
3502 20 91 
3502 20 99 





TARIC codes



—





Origin



New Zealand





Quantity



2024 Pro rata of 1 167 000  kg
2025 1 556 000  kg
2026 1 945 000  kg
2027 2 334 000  kg
2028 2 722 000  kg
2029 3 111 000  kg
2030
and subsequent years 3 500 000  kg





Tariff quota period



1 January to 31 December





Tariff quota sub-periods



Not applicable





Proof of origin



Certificate of eligibility





In-quota customs duty



EUR 0





Security to be lodged in accordance with Article 2 of Delegated Regulation (EU) 2020/1987



Not applicable





Specific conditions



Not applicable





Tariff quotas in the sector of ethyl alcohol whether or not of agricultural origin








Order number




09.7905






Specific legal basis



Council Decision (EU) 2024/244 of 27 November 2023 on the conclusion of the Free Trade Agreement between the European Union and New Zealand





Product description and CN codes



Ethanol:
2207 10 00 
2207 20 00 
2208 90 99 





TARIC codes



—





Origin



New Zealand





Quantity



2024 Pro rata of 4 000 000  kg
2025 and subsequent years 4 000 000  kg





Tariff quota period



1 January to 31 December





Tariff quota sub-periods



Not applicable





Proof of origin



Claim for preferential treatment in accordance with Chapter 3, Article 3.16 of the Free Trade Agreement between the European Union and New Zealand





In-quota customs duty



EUR 0





Security to be lodged in accordance with Article 2 of Delegated Regulation (EU) 2020/1987



Not applicable





Specific conditions



Not applicable’


















(2)


in Annex II, the following points H and I are added:






‘SH.



Template of certificate of eligibility for tariff quotas with order numbers 09.7901, 09.7898, 09.7899, 09.7902, 09.7896 and 09.7897











Issuing body for certificates of eligibility:




New Zealand Meat Board




P.O. BOX 121




WELLINGTON, NZ





www.nzmeatboard.org





Tel. +64 4 473 9150














I.



Template of certificate of eligibility for tariff quota with order number 09.7903











Issuing body for certificates of eligibility:




New Zealand Ministry for Primary Industries




Pastoral House




25 The Terrace




PO Box 2526




Wellington 6140, NZ




Tel. +64 4 830 1574





www.mpi.govt.nz
                                       ’.

















ANNEX III
The following Annex V to Implementing Regulation (EU) 2020/1988 is added:



‘ANNEX V

Conversion factors for sheep meat and goat meat quotas opened in the framework of the Free Trade Agreement between the European Union and New Zealand

The following conversion factors shall be used to convert product weight to carcass weight equivalent for the products covered by order numbers 09.7901, 09.7898, 09.7899, 09.7902, 09.7896 and 09.7897.






CN codes/TARIC codes


Conversion factor




0204 10 00 


100  %




0204 21 00 


100  %




0204 22 10 


100  %




0204 22 30 


100  %




0204 22 50 


100  %




0204 22 90 


100  %




0204230011 


167  %




0204230019 


181  %




0204230091 


167  %




0204230099 


181  %




0204 50 11 


100  %




0204 50 13 


100  %




0204 50 15 


100  %




0204 50 19 


100  %




0204 50 31 


100  %




0204 50 39 


167  % (kid) 181  % (other)




ex 0210 99 21  (fresh/chilled)


100  %




ex 0210 99 29  (fresh/chilled)


167  %




0204 30 00 


100  %




0204 41 00 


100  %




0204 42 10 


100  %




0204 42 30 


100  %




0204 42 50 


100  %




0204 42 90 


100  %




0204 43 10 


167  %




0204 43 90 


181  %




0204 50 51 


100  %




0204 50 53 


100  %




0204 50 55 


100  %




0204 50 59 


100  %




0204 50 71 


100  %




0204 50 79 


167  % (kid) 181  % (other)




ex 0210 99 21  (frozen)


100  %




ex 0210 99 29  (frozen)


167  %






            ’
         



ELI: http://data.europa.eu/eli/reg_impl/2024/1178/oj
ISSN 1977-0677 (electronic edition)