Council Regulation (EC) No 7/2005 of 13 December 2004 adopting autonomous and transitional measures to open a Community tariff quota for certain agricultural products originating in Switzerland
Date: 2004-12-13
Institutions: Council of the European Union
Subjects: Switzerland, common tariff policy, leaf vegetable, tariff preference, tariff quota

6.1.2005

EN

Official Journal of the European Union

L 4/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 7/2005

of 13 December 2004

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
Community, and in particular Article 133 thereof,

establishing the European

Having regard to the proposal from the Commission,

Community tariff quota limited to those products should
be provided for during a transitional period, without
prejudice to continued access for other products within
the framework of the existing tariff quota laid down in
the Agreement and in Commission Regulation (EC) No
933/2002 of 31 May 2002 opening and providing for
the management of tariff quotas for certain agricultural
products originating in Switzerland, and repealing Regu-
lation (EC) No 851/95 (2).

Whereas:

(1)

Parties

therefore

agreed to adapt

Following 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 enlargement.
tariff
The
concessions laid down in the Agreement between the
European Community and the Swiss Confederation of
21 June 1999 on trade in agricultural products (1) (here-
inafter referred to as the Agreement), which entered into
these
force on 1 June 2002. The
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).

adaptation of

the

(2)

It has been agreed by the Parties, on the basis of reci-
procity, that the changes to bilateral tariff concessions
should 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, the Parties agreed to provide
for
concessions on an
autonomous and transitional basis as from 1 May 2004.

application of

those

the

(3)

To ensure that quota benefit for products of CN code
0705 21 00 is available from 1 May 2004, a new

(1) OJ L 114, 30.4.2002, p. 132.

(4)

(5)

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 Code (3) provides for a system
for managing tariff quotas. The tariff quota opened by
this Regulation should be managed by the Commission
and the Member States in accordance with that system.

(6)

Since the new tariff quota is to 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
for the period from 1 January to 31 December,
annually,
under
shall be
opened for the period from 1 May to 31 December. The
volume in 2004 and annually thereafter shall be 500 tonnes
net weight.

the order number 09.0947.

In 2004,

it

(2) OJ L 144, 1.6.2002, p. 22.
(3) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

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

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Official Journal of the European Union

6.1.2005

Article 2

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

Article 3

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.

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

Done at Brussels, 13 December 2004.

For the Council
The President

B. R. BOT