Commission Regulation (EC) No 1214/2004 of 30 June 2004 derogating from Regulation (EC) No 2424/1999 laying down detailed rules of application for an import tariff quota of dried boneless beef provided for in Council Regulation (EC) No 2249/1999
Date: 2004-06-30
Institutions: European Commission
Subjects: beef, boned meat, dried product, import, tariff quota

1.7.2004

EN

Official Journal of the European Union

L 232/19

COMMISSION REGULATION (EC) No 1214/2004

of 30 June 2004

derogating from Regulation (EC) No 2424/1999 laying down detailed rules of application for an
import tariff quota of dried boneless beef provided for in Council Regulation (EC) No 2249/1999

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

(5)

(6)

(7)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1254/1999 of 17
May 1999 on the common organisation of the market in beef
and veal (1), and in particular Article 32(1) thereof,

Having regard to Decision 2002/309/EC, Euratom of
the
Council, and of the Commission as regards the Agreement on
Scientific and Technological Cooperation, of 4 April 2002 on
the conclusion of seven Agreements with the Swiss Confed-
eration (2), and in particular Article 5(3) thereof,

Whereas,

(1)

(2)

(3)

Commission Regulation (EC) No 2424/1999 (3) opened
an import tariff quota of dried boneless beef for imports
from Switzerland on a pluriannual basis for an annual
volume of 700 tonnes from 1 July to 30 June of the
following year.

the

final

version of

Since the entry into force of Regulation (EC) No
2424/1999,
the Agreement
between the European Community and the Swiss
Confederation on trade in agricultural products entered
into force. That Agreement was approved on behalf of
the European Community by Decision 2002/309/EC,
Euratom.

That Agreement provides for tariff-free imports of a
quantity of 1 200 tonnes per annum for meat of
bovine animals, boneless, dried, falling under CN code
ex 0210 20 90. However, due to the BSE crisis the
parties declared in the Joint Declaration on the meat
included in the Final Act to that Agreement (4),
sector,
that, by way of an exception, an annual autonomous
quota shall be opened by the Community for 700
tonnes net weight dried beef subject to ad valorem duty
and exempt from the specific duty.

It was initially established that
this exception should
apply for one year from the entry into force of the
Agreement but that the situation should be reviewed in
case that
the import restrictions imposed by certain
Member States on Switzerland have not been lifted by
that date.

At the first meeting of the Joint Committee on Agri-
the
culture, held in Brussels on 12 December 2002,
parties reiterated their position as stated in the Joint
Declaration.

the Agreement, at

indeed, reviewed one year after the
The situation was,
entry into force of
the second
meeting of the Joint Committee on Agriculture, held in
Bern on 11 June 2003, which concluded at the time that
the situation had not changed yet so that the preferences
in meat products provided for by the Agreement could
not be implemented but that the autonomous measures
provided for by the joint declaration should continue.

At its third meeting held in Brussels on 4 December
2003 the Joint Committee on Agriculture concluded
that after the adoption of Decision No 2/2003 of the
Joint Veterinary Committee set up by the Agreement
between the European Community and the Swiss
Confederation on trade in agricultural products of 25
November 2003, amending Appendices 1, 2, 3, 4, 5, 6
and 11 to Annex 11 to the Agreement (5), and the
the restrictive measures by the
lifting of
subsequent
Member States on Switzerland,
concessions as
provided for in the Agreement should be applied as
soon as possible. However, with consideration to the
it has been jointly felt
change in rules of origin,
to
time for operators
necessary to allow sufficient
adjust and to take appropriate steps
in relation to
possible stocks so that this implementation is foreseen
as of 1 January 2005.

the

(1) OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regu-

lation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).

(2) OJ L 114, 30.4.2002, p. 1.
(3) OJ L 294, 16.11.1999, p. 13. Regulation as amended by Regulation

(EC) No 2589/1999 (OJ L 315, 9.12.1999, p. 6).

(4) OJ L 114, 30.4.2002, p. 352.

(8)

Provisions should therefore be made for the remaining
months of the year 2004 before a new regime for the
implementation of the concessions as of 1 January 2005
will be put into place.

(5) Decision 2004/78/EC (OJ L 23, 28.1.2004, p. 27).

L 232/20

EN

Official Journal of the European Union

1.7.2004

(9)

the months

The concession provides for the import of an annual
quantity of 700 tonnes. For
July to
the quantity should be restricted to
December 2004,
half of that amount.
In case that import licences for
less than 700 tonnes will have been issued in the year
2004, the difference should be added to the quantities
available for the year 2005. That situation should be
reviewed after the end of the year 2004.

HAS ADOPTED THIS REGULATION:

Article 1

1.
By way of derogation from Article 1(1) of Regulation (EC)
No 2424/1999 a Community tariff quota for dried boneless
meat of bovine animals falling within CN code ex 0210 20 90
shall be opened for a volume of 350 tonnes for the period from
1 July 2004 to 31 December 2004.

(10)

It is therefore appropriate to provide for the necessary
derogations from Regulation (EC) No 2424/1999.

(11)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Beef and Veal,

By way of derogation from Article 5 of Regulation (EC)
the certificates of
licences issued as of 1 July 2004

2.
No 2424/1999,
authenticity and import
shall expire, at the latest, on 31 December 2004.

the term of validity of

Article 2

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

It shall apply from 1 July 2004.

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

Done at Brussels, 30 June 2004.

For the Commission

Franz FISCHLER
Member of the Commission