Council Regulation (EC) No 1923/2004 of 25 October 2004 establishing certain concessions for the Swiss Confederation in the form of Community tariff quotas for certain processed agricultural products
Date: 2004-10-25
Institutions: Council of the European Union
Subjects: Switzerland, agro-industry, import, originating product, tariff preference, tariff quota

5.11.2004

EN

Official Journal of the European Union

L 331/9

COUNCIL REGULATION (EC) No 1923/2004

of 25 October 2004

establishing certain concessions for the Swiss Confederation in the form of Community tariff
quotas for certain processed agricultural products

THE COUNCIL OF THE EUROPEAN UNION,

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

establishing the European

Having regard to the Act of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia, and Slovakia, and in particular Article 6(1) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Within the framework of

the preferential Agreement
between the European Economic Community and the
Swiss Confederation (1) concluded by Regulation (EEC)
No 2840/72 (2) a concession regarding processed agri-
cultural products was granted to that country.

Lithuania, Hungary, Malta,

Following the accession of the Czech Republic, Estonia,
Cyprus,
Poland,
Latvia,
the said concession should be
Slovenia and Slovakia,
the specific arrangements
adapted to take account of
in processed agricultural
which existed for
products between these ten countries, on the one hand,
and Switzerland, on the other.

trade

(5)

(6)

(7)

The measures are to take the form of an autonomous
Community tariff quota covering the preferential tariff
concessions applied under the agreement to the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary,
Malta, Poland, Slovenia and Slovakia.

A tariff quota was set in 2004 for the same product
under order No 09.0914 by Commission Regulation
(EC) No 2232/2003 (3). The new tariff quota is
in
addition to the existing concession.

The Swiss Confederation has also given a political under-
taking, subject to reciprocity, to adopt independent tran-
sitional measures in favour of the Community having
legal effect from 1 May 2004,

HAS ADOPTED THIS REGULATION:

Article 1

From 1 May to 31 December 2004, the merchandise origi-
nating in Switzerland listed in the Annex is subject
to an
open tariff quota according to the conditions specified.

Article 2

To accomplish this, negotiations were completed on 25
June 2004 regarding the signature of an agreement
which would make the adaptations to the abovemen-
tioned preferential agreement needed to take account of
the effects of the enlargement of the European Union.

The quota referred to in Article 1 is to be administered by the
Commission in accordance with Articles 308a, 308b and 308c
of Commission Regulation (EEC) No 2454/93 of 2 July
1993 (4).

Article 3

However, as time was too short, the agreement could not
enter into force for 1 May 2004, and in such circum-
stances
the measures
needed to resolve the situation.

the Community has

to adopt

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

It shall apply from 1 May 2004.

(2)

(3)

(4)

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

Done at Luxembourg, 25 October 2004.

For the Council
The President

R. VERDONK

(1) OJ L 300, 31.12.1972, p. 189.
(2) OJ L 300, 31.12.1972, p. 188.

(3) OJ L 339, 24.12.2003, p. 20.
(4) OJ L 253, 11.10.1993, p. 1. Regulation as amended by Regulation

(EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

L 331/10

EN

Official Journal of the European Union

5.11.2004

ANNEX

OPEN PREFERENTIAL TARIFF QUOTA

Order
number

CN code

Description of the goods

09.0914

2106 90 92

not

preparations

elsewhere
Food
included, containing no
specified or
milk fats, sucrose,
isoglucose, glucose
or starch or containing, by weight,
less than 1,5 % milk fat, 5 % sucrose
or isoglucose, 5 % glucose or starch

Autonomous
quota
1.5.2004 to
31.12.2004

Rate of
duty
applicable

Autonomous
quota
Following
year

187 t

exemption

1 309 t