Proposal for a Council Regulation adopting autonomous and transitional measures to open a Community tariff quota for certain agricultural products originating in Switzerland
Date: 2004-10-14
Institutions: European Commission
Subjects: Switzerland, accession to the European Union, common tariff policy, leaf vegetable, tariff preference, tariff quota

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.10.2004 
COM(2004)671 final 

2004/0235 (ACC) 

Proposal for a 

COUNCIL REGULATION 

adopting autonomous and transitional measures to open a Community tariff quota for 
certain agricultural products originating in Switzerland 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The Community and the Swiss Confederation agreed at the bilateral Summit on 19 May 2004 
on  the  principle  that  the  trade  flows  in  accordance  with  the  preferences  granted  previously 
under the bilateral arrangements between the new Member States and Switzerland should be 
maintained after the enlargement of the European Union. New Community tariff concessions 
were agreed including the widening of an existing duty-free Community tariff quota (certain 
products of CN code 0705) to cover a new product (CN code 0705 21 00). 

To implement this new tariff quota, it is necessary to adopt an autonomous measure pending 
formal adoption of a decision to amend the Annexes 1 and 2 of the Agreement between the 
European  Community  and  the  Swiss  Confederation  on  trade  in  agricultural  products.  The 
present measure must be repealed when that amendment is implemented. 

This is the purpose of the present proposal. 

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2004/0235 (ACC) 

Proposal for a 

COUNCIL REGULATION 

adopting autonomous and transitional measures to open a Community tariff quota for 
certain agricultural products originating in Switzerland 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 133 thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

Following the enlargement of the European Union on 1 May 2004 the Community and 
Switzerland agreed on 19 May 2004 on the principle that the trade flows in accordance 
with the preferences granted previously under the bilateral arrangements between the 
new  Member  States  and  Switzerland  should  be  maintained  after  the  enlargement. 
Parties  therefore  agreed  to  adapt  the  tariff  concessions  laid  down  in  the  Agreement 
between  the  European  Community  and  the  Swiss  Confederation  of  21  June  1999  on 
trade  in  agricultural  products2  (hereinafter  referred  to  as  "the Agreement"),  which 
entered  into  force  on  1  June  2002.  The  adaptation  of  these  concessions,  which  are 
listed in Annexes 1 and 2 to the Agreement, includes the widening of an existing duty-
free  Community  tariff  quota  (products  of  CN  codes  0705  11  00,  0705  19  00  and 
0705 29 00,  under  the  order  number  09.0925)  to  cover  a  new  product  (CN  code 
0705 21 00). 

It  has  been  agreed  by  the  Parties,  on  the  basis  of  reciprocity,  that  the  changes  to 
bilateral  tariff-concessions  have  to  be  applied  retroactively  from  1  May  2004.  Since 
the  procedure  for  adopting  bilaterally  a  decision  to  amend  Annexes  1  and  2  to  the 
Agreement  will  not  be  completed  immediately,  Parties  agreed  to  provide  for  the 
application  of  those  concessions  on  an  autonomous  and  transitional  basis  as  from 
1 May 2004. 

To  ensure  that  quota  benefit  for  products  of  CN  code  0705  21  00  is  available  from 
1 May  2004,  a  new  Community  tariff  quota  limited  to  those  products  should  be 
provided  for  during  a  transitional  period,  without  prejudice  to  continued  access  to 
other  products  within  the  framework  of  the  existing  tariff  quota  laid  down  in  the 
Agreement  and  in  Regulation  (EC)  No  933/2002  of  31  May  2002  opening  and 

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OJ C, , p.  
OJ L 114, 30.4.2002, p. 132. 

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(4) 

(5) 

providing  for  the  management  of  tariff  quotas  for  certain  agricultural  products 
originating in Switzerland, and repealing Regulation (EC) No 851/953. 

To be eligible for the benefit of this tariff quota products must originate in Switzerland 
in conformity with the rules referred to in Article 4 of the Agreement. 

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  Code4  provides  for  a  system  for  managing  tariff  quotas. 
The  tariff  quota  opened  by  this  Regulation  should  be  managed  by  the  Community 
authorities and the Member States in accordance with that system. 

(6) 

Since the new tariff quota shall be opened from 1 May 2004, this Regulation should be 
applicable from the same date and enter into force as soon as possible.  

HAS ADOPTED THIS REGULATION: 

Article 1 

A  duty-free  Community  tariff  quota  for  products  of  CN  code  0705  21  00  originating  in 
Switzerland shall be opened annually, for 1 January to 31 December, under the order number 
09.0947.  In  2004,  it  shall  be  opened  for  1  May  to  31  December.  The  volume  in  2004  and 
annually thereafter shall be 500 tonnes net weight. 

The tariff quota referred to in Article 1 shall be managed by the Commission in accordance 
with the Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93. 

Article 2 

Article 3 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

This Regulation shall apply from 1 May 2004. 

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

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OJ L 144 of 1.6.2002, p.22. 
OJ  L  253,  11.10.1993,  p.  1.  Regulation  as  last  amended  by  Regulation  EC)  No  2866/2003  (OJ  L 
343,31.12.2003, p.1). 

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Done at Brussels,  

For the Council 
The President 

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FINANCIAL STATEMENT 

DATE:  

1. 

2. 

3. 

4. 

5. 

6. 

BUDGET HEADING: 
Chapter 12 Article 120 
TITLE: 
Council Regulation adopting autonomous and transitional measures to open a tariff quota for certain 
agricultural products originating in Switzerland 
LEGAL BASIS: 
Article 133 of the Treaty 
AIMS: 
To implement a new Community duty-free tariff quota concession agreed between the European 
Community and the Swiss Confederation at the bilateral Summit on 19 May 2004 
FINANCIAL IMPLICATIONS: 
This Regulation does not entail any financial losses or gains other than those in the financial statement 
related to the Council Decision approving the Community tariff concessions agreed at the above-
mentioned summit. 
FRAUD-PREVENTION MEASURES: 
Provisions for the management of tariff quotas include the measures necessary for preventing fraud and 
irregularities (application of the controls provided in the Community Customs Code and its 
implementing provisions) 

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