Proposal for a Council Regulation adopting autonomous and transitional measures to open a Community tariff quota for the import of live bovine animals originating in Switzerland
Date: 2005-06-21
Institutions: European Commission
Subjects: Switzerland, cattle, import, live animal, originating product, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 21.6.2005 
COM(2005) 273 final 

2005/0116 (ACC) 

Proposal for a 

COUNCIL REGULATION 

adopting autonomous and transitional measures to open a Community tariff quota 
for the import of live bovine animals originating in Switzerland 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  Council  adopted  on  25  October  2004  an  autonomous  and  transitional  measure  for  the 
import  up  to  30  June  2005  of  4 600  heads  of  live  bovine  animals  of  a  weight  exceeding 
160 kg originating in Switzerland, pending completion by the European Community and the 
Swiss Confederation of their respective procedures for adapting bilateral trade concessions in 
the "Agreement between the European Community and the Swiss Confederation on trade in 
agricultural  products".  The  EC  finalised  its  procedures  when  the  Council  adopted  on 
25 October the common position on the draft decision of the Joint Committee on Agriculture, 
allowing for the corresponding modification of annexes 1 and 2 of the "Agreement between 
the  European  Community  and  the  Swiss  Confederation  on  trade  in  agricultural  products”. 
However,  Switzerland  has  not  finalised  such  procedures  as  of  June  2005,  as  earlier 
announced,  but  has  confirmed  the  extension  of  its  corresponding  autonomous  measures  and 
that its internal procedure should be finalised before the end of 2005. 

It  is  therefore  proposed  that  the  Council  adopt  the  attached  specific  autonomous  and 
transitional measures to open a Community tariff quota for the import of live bovine animals 
originating in Switzerland until 31 December 2005. 

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2005/0116 (ACC) 

Proposal for a 

COUNCIL REGULATION 

adopting autonomous and transitional measures to open a Community tariff quota 
for the import of live bovine animals 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 Commission, 

Whereas: 

(1) 

(2) 

Following  the  accession  of  the  Czech  Republic,  Estonia,  Cyprus,  Latvia,  Lithuania, 
Hungary, Malta, Poland, Slovenia and Slovakia to the European Union, the European 
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. Parties 
therefore  agreed  to  proceed  with  the  adaptation  of  tariff  concessions  within  the 
framework  of  the  Agreement  between  the  European  Community  and  the  Swiss 
Confederation  on  trade  in  agricultural products1  (hereinafter called the "Agreement"), 
which entered into force on 1 June 2002. The adaptation of these concessions, which 
are  listed  in  Annexes  1  and  2  of  the  Agreement,  include  notably  the  opening  of  a 
Community  tariff  quota  for  the  import  of  live  bovine  animals  of  a  weight  exceeding 
160 kg. 

It  has  been  agreed  with  the  Swiss  Confederation  that  there  should  be  no  trade 
discontinuity. Parties have put in place autonomous measures, open-ended in the Swiss 
Confederation and until 30 June 2005 in the European Community as regards imports 
of live bovine animals. However, the procedures for adopting bilaterally a decision to 
amend  the  Annexes 1  and  2  of  the  Agreement  are  not  yet  completed  in  the  Swiss 
Confederation.  In  order  to  ensure  that  quota  benefit  is  available  until  the  entry  into 
force  of  the  said  decision  by  the  end  of  2005,  it  is  appropriate  to  open,  on  an 
autonomous  and  transitional  basis,  another  tariff-quota  concession  from  1  July  to 
31 December 2005 under the same conditions as those foreseen by Council Regulation 
(EC) No 1922/20042. 

1 
2 

OJ L 114, 30.4.2002, p. 132. 
OJ L 331, 5.11.2004, p. 7. 

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(3) 

Detailed  rules  for  the  implementation  of  this  Regulation  and,  in  particular,  the 
provisions  required  for  quota  management  should  be  adopted  in  accordance  with  the 
provisions  laid  down  in  Article  32  of  Council  Regulation  (EC)  No  1254/1999  of 
17 May 1999 on the common organisation of the market in beef and veal3. 

(4) 

To  be  eligible  for  the  benefit  of  these  tariff  quotas,  products  should  originate  in 
Switzerland in conformity with the rules referred to in Article 4 of the Agreement, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

2. 

A  duty-free  Community  tariff  quota  is  hereby  opened  on  an  autonomous  and 
transitional basis for the period from 1 July 2005 to 31 December 2005 for the import 
of 2 300  heads of any  live bovine animal originating in Switzerland weighing more 
than 160 kg, falling within CN code 0102 90 41, 0102 90 49, 0102 90 51, 0102 90 59, 
0102 90 61, 0102 90 69, 0102 90 71 or 0102 90 79. 

The rules of origin applicable to the products referred to in paragraph 1 shall be those 
provided for in Article 4 of the Agreement. 

The  detailed  rules  for  the  implementation  of  this  Regulation  shall  be  adopted  in  accordance 
with the provisions laid down in Article 32 of Regulation (EC) No 1254/1999. 

Article 2 

This Regulation shall enter into force on [1 July 2005]. 

Article 3 

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

Done at Brussels,  

For the Council 
The President 

3 

OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 1782/2003 (OJ L 270, 
21.10.2003, p. 1). 

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LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS HAVING A 
BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE 

1. 

NAME OF THE PROPOSAL 

COUNCIL REGULATION adopting autonomous and transitional measures to open a 
Community  tariff  quota  for  the  import  of  live  bovine  animals  originating  in 
Switzerland 

2. 

BUDGET LINES 

Chapter and Article: Revenue – Agricultural Duties – Chapter 10 – Article 100 

Amount budgeted for the year concerned: 819 450 Mio€. 

3. 

FINANCIAL IMPACT 

(cid:133) 

Proposal has no financial implications 

⌧  Proposal has no financial impact on expenditure but has a financial impact on 

revenue – the effect is as follows: 

Budget line 

Revenue4 

Article 100 … 

Impact on own resources 

Article … 

Impact on own resources 

(€ million to one decimal place)

6 month period, 
starting 01/07/2005 
– 1,325 Mio€ * 

Year n 

– 1,325 Mio€ 

Situation following action 

[n+1] 

[n+2] 

[n+3] 

[n+4] 

[n+5] 

Article … 

Article …  

4. 

5. 

ANTI-FRAUD MEASURES 

OTHER REMARKS 

* 

Loss in 2005 estimated at €1,325 Mio (before deduction of collection costs) for 
the  six  months  from  1/7/2005  until  30/12/2005  on  imports  of  2 300  heads  of 
live bovine animals. 

4 

Regarding  traditional  own  resources  (agricultural  duties,  sugar  levies,  customs  duties)  the  amounts 
indicated must be net amounts, i.e. gross amounts after deduction of 25% of collection costs. 

EN 

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