Commission Regulation (EC) No 438/2009 of 26 May 2009 opening and providing for the administration of Community tariff quotas for bulls, cows and heifers other than for slaughter of certain Alpine and mountain breeds
Modified by
  • Commission Regulation (EU) No 291/2010of 31 March 2010correcting Regulations (EC) No 437/2009, (EC) No 438/2009 and (EC) No 1064/2009 as regards the end-use procedure laid down for imports of certain agricultural products under tariff quotas, 32010R0291, April 8, 2010
  • Commission Delegated Regulation (EU) 2020/1987of 14 July 2020supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council and Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the lodging and release of securities in the administration of tariff quotas based on the chronological order of the submission of applications, 32020R1987, December 14, 2020
Corrected by
  • Corrigendum to Commission Regulation (EC) No 438/2009 of 26 May 2009 opening and providing for the administration of Community tariff quotas for bulls, cows and heifers other than for slaughter of certain Alpine and mountain breeds, 32009R0438R(01), July 11, 2009
Commission Regulation (EC) No 438/2009of 26 May 2009opening and providing for the administration of Community tariff quotas for bulls, cows and heifers other than for slaughter of certain Alpine and mountain breeds
Article 11.This Regulation opens import tariff quotas for bulls, cows and heifers other than for slaughter of certain Alpine and mountain breeds as given in the Annex.2.The quotas given in the Annex to this Regulation shall be administered in accordance with Articles 308a, 308b and 308c(1) of Regulation (EEC) No 2454/93. Article 308c(2) and (3) of that Regulation shall not apply.3.The quotas referred to in paragraph 1 shall be opened on an annual basis, from 1 July of every year to 30 June of the following year (import quota periods).
Article 21.For the purposes of this Regulation, animals as referred to in Article 1(1) shall be other than for slaughter where they are not slaughtered within four months of the date of acceptance of the declaration of release for free circulation.Derogations may be granted in duly proven cases of force majeure.2.To qualify under the import tariff quota covered by order number 09.0115, the following documents must be presented:(a)for bulls: a pedigree certificate;(b)for cows and heifers: a pedigree certificate or a certificate of registration in a herdbook certifying the purity of the breed.
Article 31.In accordance with Article 82 of Council Regulation (EEC) No 2913/92OJ L 302, 19.10.1992, p. 1., imported animals shall be subject to customs supervision to ensure that they are not slaughtered within four months of their release for free circulation.2.Importers shall lodge a security with the competent customs authorities to ensure that the non-slaughter requirement referred to in paragraph 1 is complied with and that unpaid duties are collected where that requirement is not met. The amount of that security shall be the difference between the Common Customs Tariff duty and the duty given in the Annex applicable on the date of release for free circulation of the animals concerned.3.The security provided for in paragraph 2 shall be released immediately where proof is presented to the customs authorities concerned that the animals:(a)have not been slaughtered within the four months following the date of their release for free circulation; or(b)they have been slaughtered within that period for reasons of force majeure or for health reasons or have died of disease or as a result of an accident.
Article 4Regulation (EC) No 659/2007 is repealed. However, it shall continue to apply to duties arising from licences issued before 1 July 2009 up to the time they expire.
Article 5This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.It shall apply from 1 July 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEXIrrespective of the rules for the interpretation of the Combined Nomenclature, the wording of the product description must be considered to have merely indicative value, since the applicability of the preferential arrangements is determined in the context of this Annex by the scope of the CN code. Where ex CN codes are indicated, the applicability of the preferential scheme is determined on the basis of the CN code and the corresponding description taken jointly.
Order NoCN codeTaric codeDescriptionQuota volume(head of cattle)Customs duty
09.0114ex0102900501029005*20*40Cows and heifers other than for slaughter of the following mountain breeds: grey, brown, yellow and mottled Simmental breeds and Pinzgau breed7106 %
ex0102902901029029*20*40
ex0102904901029049*20*40
ex0102905901029059*11*19*31*39
ex0102906901029069*10*30
09.0115ex0102900501029005*30*40*50Bulls, cows and heifers other than for slaughter of the following breeds: mottled Simmental breed and Schwyz and Fribourg breeds7114 %
ex0102902901029029*30*40*50
ex0102904901029049*30*40*50
ex0102905901029059*21*29*31*39
ex0102906901029069*20*30
ex0102907901029079*21*29
Article 11.This Regulation opens import tariff quotas for bulls, cows and heifers other than for slaughter of certain Alpine and mountain breeds as given in the Annex.2.The quotas given in the Annex to this Regulation shall be administered in accordance with Articles 308a, 308b and 308c(1) of Regulation (EEC) No 2454/93. Article 308c(2) and (3) of that Regulation shall not apply.3.The quotas referred to in paragraph 1 shall be opened on an annual basis, from 1 July of every year to 30 June of the following year (import quota periods).
Article 21.For the purposes of this Regulation, animals as referred to in Article 1(1) shall be other than for slaughter where they are not slaughtered within four months of the date of acceptance of the declaration of release for free circulation.Derogations may be granted in duly proven cases of force majeure.2.To qualify under the import tariff quota covered by order number 09.0115, the following documents must be presented:(a)for bulls: a pedigree certificate;(b)for cows and heifers: a pedigree certificate or a certificate of registration in a herdbook certifying the purity of the breed.
Article 31.In accordance with Article 82 of Council Regulation (EEC) No 2913/92OJ L 302, 19.10.1992, p. 1., imported animals shall be subject to customs supervision to ensure that they are not slaughtered within four months of their release for free circulation.2.Importers shall lodge a security with the competent customs authorities to ensure that the non-slaughter requirement referred to in paragraph 1 is complied with and that unpaid duties are collected where that requirement is not met. The amount of that security shall be the difference between the Common Customs Tariff duty and the duty given in the Annex applicable on the date of release for free circulation of the animals concerned.3.The security provided for in paragraph 2 shall be released immediately where proof is presented to the customs authorities concerned that the animals:(a)have not been slaughtered within the four months following the date of their release for free circulation; or(b)they have been slaughtered within that period for reasons of force majeure or for health reasons or have died of disease or as a result of an accident.
Article 4Regulation (EC) No 659/2007 is repealed. However, it shall continue to apply to duties arising from licences issued before 1 July 2009 up to the time they expire.
Article 5This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.It shall apply from 1 July 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEXIrrespective of the rules for the interpretation of the Combined Nomenclature, the wording of the product description must be considered to have merely indicative value, since the applicability of the preferential arrangements is determined in the context of this Annex by the scope of the CN code. Where ex CN codes are indicated, the applicability of the preferential scheme is determined on the basis of the CN code and the corresponding description taken jointly.
Order NoCN codeTaric codeDescriptionQuota volume(head of cattle)Customs duty
09.0114ex0102900501029005*20*40Cows and heifers other than for slaughter of the following mountain breeds: grey, brown, yellow and mottled Simmental breeds and Pinzgau breed7106 %
ex0102902901029029*20*40
ex0102904901029049*20*40
ex0102905901029059*11*19*31*39
ex0102906901029069*10*30
09.0115ex0102900501029005*30*40*50Bulls, cows and heifers other than for slaughter of the following breeds: mottled Simmental breed and Schwyz and Fribourg breeds7114 %
ex0102902901029029*30*40*50
ex0102904901029049*30*40*50
ex0102905901029059*21*29*31*39
ex0102906901029069*20*30
ex0102907901029079*21*29