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Document 32024R1178

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

C/2024/2450

OJ L, 2024/1178, 24.4.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/1178/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Legal status of the document In force

ELI: http://data.europa.eu/eli/reg_impl/2024/1178/oj

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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

Image 1

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

Image 2

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

Image 3

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

Image 4

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)


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