Proposal for a Council Regulation repealing Council Regulation (EC) No 7/2005 adopting autonomous and transitional measures to open a Community tariff quota for certain agricultural products originating in Switzerland
Date: 2006-06-29
Institutions: European Commission
Subjects: Switzerland, common tariff policy, leaf vegetable, tariff preference, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.6.2006 
COM(2006)353 final 

2006/0118(ACC) 

Proposal for a 

COUNCIL REGULATION 

repealing Council Regulation (EC) No 7/2005 adopting autonomous and transitional 
measures to open a Community tariff quota for certain agricultural products originating 
in Switzerland  

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

Following the enlargement of the European Union on 1 May 2004, the Community and 
Switzerland 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  products,  which  entered  into  force  on  1  June  2002.  In  particular,  they 
agreed to amend Annexes 1 and 2 to the Agreement, which listed the concessions, in 
order  to  widen  an  existing  duty-free  Community  tariff  quota  to  cover  a  new  product 
(CN code 0705 21 00). To  ensure  that  quota  benefit   for   products  of CN code 
0705 21 00 was available from 1 May 2004, a new Community tariff quota limited to 
those products was provided for on an autonomous basis during a transitional period. 

Decision  3/2005  of  the  Joint  Committee  for  Agriculture  set  up  by  the  Agreement 
between the European Community and the Swiss Confederation on trade in agricultural 
products  on  the  adaptation,  following  the  enlargement  of  the  European  Union,  of 
Annexes 1 and 2, was adopted on 19 December 2005. This Decision formally amends 
Annexes 1 and 2 to the Agreement between the European Community and the Swiss 
Confederation on trade in agricultural products, so as to incorporate the provisions on 
the tariff quota for the products of CN code 0705 21 00. The objective of this proposal 
is, therefore, to repeal the autonomous and transitional measure for these products. 

120 

•  General context 

Council Regulation (EC) No 7/2005 adopting autonomous and transitional measures to 
open  a  Community  tariff  quota  for  certain  agricultural  products  originating  in 
Switzerland needs to be repealed as it has been superseded by Decision 3/2005 of the 
Joint  Committee  for  Agriculture  set  up  by  the  Agreement  between  the  European 
Community  and  the  Swiss  Confederation  on  trade  in  agricultural  products  on  the 
adaptation, following the enlargement of the European Union, of Annexes 1 and 2. 

130 

•  Existing provisions in the area of the proposal 

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 opens an autonomous and transitional measure for products 
of  CN  code  0705  21  00  different  to  the  present  Proposal  which  repeals  the  said 
measure. 

141 

•  Consistency with the other policies and objectives of the Union 

Not applicable. 

EN 

2 

   EN 

 
2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

219 

Not relevant 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

Since  the  autonomous  and  transitional  measure  has  been  replaced  by  the  formal  one, 
Council Regulation 7/2005 needs to be repealed. 

There are no other appropriate actions for this situation. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

Draft proposal for a Council Regulation repealing Council Regulation (EC) No 7/2005 
adopting autonomous and transitional measures to open a Community tariff quota for 
certain agricultural products originating in Switzerland.  

•  Legal basis 

Article 133 of the Treaty establishing the European Community. 

•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

Since  the  measure  to  be  repealed  was  adopted  as  a  Council  Regulation,  it  must  be 
repealed  by  a  Council  Regulation.  A  Council  Regulation  is  directly  binding  on  the 
Member States. 

The  financial  and  administrative  burden  is  minimized  and  proportionate  to  the 
objective  of  the  proposal,  because  the  objective  of  the  proposal  is  a  repeal  of  the 
transitional and autonomous measure. 

•  Choice of instruments 

Proposed instruments: regulation. 

Other means would not be adequate for the following reason(s). 

229 

230 

305 

310 

329 

331 

332 

341 

342 

EN 

3 

   EN 

 
 
 
 
 
The provisions of a Regulation are directly binding to the Member States. The measure 
to be repealed was adopted as a Council Regulation. 

4)  BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5)  ADDITIONAL INFORMATION 

•  Repeal of existing legislation 

409 

520 

The adoption of the proposal will lead to the repeal of existing legislation. 

EN 

4 

   EN 

 
 
2006/0118(ACC) 

Proposal for a 

COUNCIL REGULATION 

repealing Council Regulation (EC) No 7/2005 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 Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Following  the  enlargement  of  the  European  Union  on  1  May  2004,  the  Community 
and  Switzerland  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 products1, hereinafter referred to as the Agreement, which entered 
into force on 1 June 2002. In particular, they agreed to amend Annexes 1 and 2 to the 
Agreement,  which  listed  the  concessions,  in  order  to  widen  an  existing  duty-free 
Community    tariff    quota    to  cover    a    new    product,  witloof    chicory  of      CN  code 
0705 21 00. 

Pending the formal amendment, the Community and Switzerland agreed to provide for 
the  application  of  the  adapted  concessions,  as  from  1  May  2004,  on  an  autonomous 
and transitional basis. 

To ensure that quota benefit for products of CN code 0705 21 00 would be available 
from  1  May  2004,  a  new  autonomous  Community  tariff  quota  limited  to  those 
products was provided for during a transitional period by 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 Switzerland2. 

Annex 2 to the Agreement as amended by Decision 3/2005 of the Joint Committee for 
Agriculture set up by the Agreement between the European Community and the Swiss 
Confederation  on  trade  in  agricultural  products  of  19  December  2005  on  the 
adaptation,  following  the  enlargement  of  the  European  Union,  of  Annexes  1  and  23, 
sets out tariff quotas expanded to cover the products of CN code 0705 21 00.  

1 
2 
3 

OJ L 114, 30.4.2002, p. 132 
OJ L 4, 6.1.2005, p. 1 
OJ L 346, 29.12.2005, p. 33 

EN 

5 

   EN 

 
                                                 
(5) 

Annex 2 to the Agreement is implemented by Commission Regulation (EC) No […] 
of […]4 which enters into force on the 1 of July 2006. 

(6) 

Regulation (EC) No 7/2005 should therefore be repealed from the same date, 

HAS ADOPTED THIS REGULATION: 

Regulation (EC) No 7/2005 is repealed. 

Article 1 

Article 2 

This Regulation shall enter into force on the 1 of July 2006. 

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

Done at Brussels,  

For the Council 
The President 

4 

OJ L  

EN 

6 

   EN