CELEX: 32006R1994
Language: en
Date: 2006-12-27 00:00:00
Title: Commission Regulation (EC) No 1994/2006 of 27 December 2006 opening Community tariff quotas for 2007 for sheep, goats, sheepmeat and goatmeat

30.12.2006        EN                Official Journal of the European Union                        L 413/3
                             Commission Regulation (EC) No 1994/2006
                                          of 27 December 2006
  opening Community tariff quotas for 2007 for sheep, goats, sheepmeat and goatmeat
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
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)     Community tariff quotas for sheepmeat and goatmeat should be opened for 2007. 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 2007.
(2)     Council Regulation (EC) No 312/2003 of 18 February 2003 implementing for the
        Community the 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 2007.
(3)     Certain tariff quotas for sheep and goat meat products have been granted to the ACP
        States under the Cotonou Agreement 3.
(4)     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 2007
        with regard to the quotas concerned are the sum of half of the quantity for the period
        from 1 July 2006 to 30 June 2007 and half of the quantity for the period from 1 July
        2007 to 30 June 2008.
(5)     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
1
        OJ L 341, 22.12.2001, p. 3. Regulation as last amended by Regulation (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 317, 15.12.2000, p. 3.
 ---pagebreak--- L 413/4           EN               Official Journal of the European Union                          30.12.2006
        option of importing either the live animals or their meat, a conversion factor is
        required.
(6)     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 4, be managed in conformity
        with 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 Code5.
(7)     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 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.
(8)     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.
(9)     When sheepmeat products are presented by operators to the customs authorities for
        import, it is 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.
(10)    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 6 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 countries7, imports may be authorised only for products meeting the
        requirements of the food chain procedures, rules and checks in force in the
        Community.
(11)    The measures provided for in this Regulation are in accordance with the opinion of the
        Management Committee for Sheep and Goats,
4
        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).
5
        OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 883/2005 (OJ L 148,
        11.6.2005, p. 5).
6
        OJ L 18, 23.1.2003, p. 11.
7
        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 version in OJ L 191, 28.5.2004, p.
        1).
 ---pagebreak--- 30.12.2006        EN             Official Journal of the European Union                   L 413/5
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 2007.
                                               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.
2.       For the purpose of calculating the quantities of ‘carcase 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.
         ‘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 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 2007. 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 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
 ---pagebreak--- L 413/6            EN             Official Journal of the European Union                  30.12.2006
          tariff quotas other than those resulting from preferential tariff agreements shall be
          determined in accordance with the provisions in force in the Community.
2.        The proof of origin referred to in paragraph 1 shall be as 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 established 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,
                 –     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:
          (a)    ‘sheep product/s from the species domestic sheep’;
          (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 of its publication in the Official Journal of
the European Union.
It shall apply from 1 January 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
 ---pagebreak--- 30.12.2006     EN           Official Journal of the European Union                   L 413/7
Done at Brussels, 27 December 2006.
                                                                         For the Commission
                                                                    Mariann FISCHER BOEL
                                                                   Member of the Commission
 ---pagebreak---         L 413/8                EN                   Official Journal of the European Union                             30.12.2006
                                                                    ANNEX
                      SHEEPMEAT AND GOATMEAT (in tonnes (t) of carcase weight equivalent)
                                           COMMUNITY TARIFF QUOTAS FOR 2007
                                                                Order number under ‘first-come, first-served’                       Annual
                                ‘Ad        Specific                                                                                 volume
Country                                                Live animals      Boneless         Boneless       Bone-in and
                             valorem’        duty                                                                                  in tonnes
 group       CN codes                                                      lamb1       mutton/sheep2       carcases      Origin
                               duty       EUR/100                                                                                 of carcase
  No                                                  (Coefficient =   (Coefficient = (Coefficient = (Coefficient =
                                 %            Kg                                                                                    weight
                                                           0,47)           1,67)            1,81)           1,00)                 equivalent
                                                             —            09,2101         09,2102          09,2011   Argentina         23 000
                                                             —            09,2105         09,2106          09,2012   Australia         18 786
                                                             —            09,2109         09,2110          09,2013   New Zealand      227 854
                                                             —            09,2111         09,2112          09,2014   Uruguay            5 800
                                                             —            09,2115         09,2116          09,1922   Chile              5 800
    1            0204          Zero          Zero            —            09,2119         09,2120          09,0790   Iceland            1 350
                                                             —            09,2121         09,2122          09,0781   Norway               300
                                                             —            09,2125         09,2126          09,0693   Greenland            100
                                                             —            09,2129         09,2130          09,0690   Faeroes               20
                                                             —            09,2131         09,2132          09,0227   Turkey               200
                                                             —            09,2171         09,2175          09,2015   Others 3             200
           0104 10 30,
            0104 10 80
                  and
           0104 20 90.
   2           For the
               species
            ‘other than        Zero          Zero         09,2141         09,2145         09,2149          09,1622   ACP states           100
              domestic
           sheep’ only:
           ex 0204, ex
            0210 99 21
           and ex 0210
                99 29.
               For the
               species
             ‘domestic                      65 %
           sheep’ only:                   reduction
           ex 0204, ex                        of
                               Zero                          —            09,2161         09,2165          09,1626   ACP states           500
            0210 99 21                     specific
                  and                       duties
            ex 0210 99
                  29.
            0104 10 30
   3        0104 10 80         10 %          Zero         09,2181            —               —             09,2019   Erga omnes4           92
            0104 20 90
        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.
        4           ‘Erga omnes’ shall refer to all origins including the countries mentioned in the current table