Proposal for a Council Regulation opening autonomous and transitional Community tariff quotas for the import of certain agricultural products originating in Switzerland
Date: 2007-07-11
Institutions: European Commission
Subjects: Bulgaria, Romania, Switzerland, accession to the European Union, agricultural product, leaf vegetable, originating product, soft fruit, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.7.2007 
COM(2007)406 final 

2007/0139(ACC) 

Proposal for a 

COUNCIL REGULATION 

opening autonomous and transitional Community tariff quotas  
for the import of certain agricultural products originating in Switzerland 

(presented by the Commission) 

EN 

   EN 

 
 
 
 
EXPLANATORY MEMORANDUM 

The Agreement between the European Community and the Swiss Confederation on trade in 
agricultural products1 applies directly to the enlarged European Union. However, trade flows 
in  accordance  with  the  preferences  granted  under  the  pre-existing  bilateral  arrangements 
between  Switzerland  and  respectively  Bulgaria  and  Romania  should  be  maintained.  The 
bilateral trade concessions laid down in Annexes 1 and 2 of this Agreement therefore need to 
be adapted. Pending completion of bilateral procedures for amending the Agreement, there is 
the  need  for  autonomous  and  transitory  measures,  in  order  to  ensure  that  quota  benefit  be 
available. 

The  agreed  minutes  initialled  by  the  representatives  of  the  European  Community  and 
Switzerland  on  2  May  2007  foresee  in  particular  Community  concessions  of  strawberries, 
chards and cardoons that require quota management procedures to be adopted in accordance 
with  the  provisions  laid  down  in  Articles  308a,  308b  and  308c  of  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 Code2. 

It  is  therefore  proposed  that  the  Council  adopt  without  delay  the  attached  autonomous  and 
transitional  measures  to  open  new  Community  tariff  quotas  for  the  import  of  strawberries, 
chards and cardoons originating in Switzerland. 

1 

2 

OJ  L  114,  30.4.2002,  p. 132,  as  last  amended  by  Decision  No 3/2005  of  the  Joint  Committee  on 
Agriculture (OJ L 346, 29.12.2005, p. 33). 
OJ  L  253,  11.10.1993,  p. 1.  Regulation  last  amended  by  Regulation  (EC)  No 214/2007  (OJ L 62, 
1.3.2007, p. 6). 

EN 

2 

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2007/0139(ACC) 

Proposal for a 

COUNCIL REGULATION 

opening autonomous and transitional Community tariff quotas  
for the import of 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 Commission3, 

Whereas: 

(1) 

(2) 

(3) 

Following  the  accession  of  Bulgaria  and  Romania  to  the  European  Union,  the 
agricultural  trade  flows  in  accordance  with  the  preferences  granted  previously  under 
the bilateral arrangements between the two Member States and Switzerland should be 
maintained.  The  Community  and  Switzerland  have  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  products4 
hereinafter the Agreement, which entered into force on 1 June 2002. The adaptation of 
these  concessions  will  include  the  opening  of  new  Community  tariff  quotas  for  the 
import  of  strawberries  (CN code  0810 10 00),  chard  (or  white  beet)  and  cardoons 
(CN code 0709 90 20) originating in Switzerland. 

The  bilateral  procedures  for  adapting  the  concessions  in  Annexes  1  and  2  to  the 
Agreement will take time. To ensure that quota benefit is available until the entry into 
force of that adaptation, it is appropriate to open these tariff quotas on an autonomous 
and  transitional  basis.  In  order  to  ensure  sufficient  time  for  the  parties  to  finalise 
bilateral  procedures  and  implementing  measures,  it  is  proposed  to  open  these  tariff 
quotas until 31 December 2009. 

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 Code5 provides for a system for managing tariff quotas. The tariff 
quotas  opened  by  this  Regulation  should  be  managed  by  the  Community  authorities 
and the Member States in accordance with that system. 

(4) 

The rules of product origin provided for in Article 4 of the Agreement should apply, 

3 
4 

5 

OJ … C …, p. …. 
OJ  L  114,  30.4.2002,  p. 132,  as  last  amended  by  Decision  No 3/2005  of  the  Joint  Committee  on 
Agriculture (OJ L 346, 29.12.2005, p. 33). 
OJ  L  253,  11.10.1993,  p. 1.  Regulation  last  amended  by  Regulation  (EC)  No 214/2007  (OJ L 62, 
1.3.2007, p. 6). 

EN 

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HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

2. 

3. 

4. 

5. 

A duty-free Community tariff quota for products of CN code 0810 10 00 originating 
in  Switzerland  is  hereby  opened  annually,  on  an  autonomous  and  transitional  basis, 
for the period from 1 January to 31 December. 

The order number of the quota shall be 09.0948. The annual volume shall be 200 tons 
net weight. 

A duty-free Community tariff quota for products of CN code 0709 90 20 originating 
in  Switzerland  is  hereby  opened  annually,  on  an  autonomous  and  transitional  basis, 
for the period from 1 January to 31 December. 

The order number of the quota shall be 09.0950. The annual volume shall be 300 tons 
net weight. 

In 2007, the tariff quotas provided for in paragraphs 1 and 2 shall be opened for the 
period from the day of entry into force of this Regulation to 31 December, for the full 
annual volumes provided for in paragraphs 1 and 2. 

The  tariff  quotas  provided  for  in  paragraphs  1  and  2  shall  expire  on  31 December 
2009. 

The rules of origin provided for in Article 4 of the Agreement between the European 
Community and the Swiss Confederation on trade in agricultural products shall apply 
to the products referred to in paragraphs 1 and 2 of this Article. 

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

Article 2 

Article 3 

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

It shall apply as from 1 September 2007. 

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

Done at Brussels, 

EN 

For the Council 
The President 

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

1. 

NAME OF THE PROPOSAL 

Proposal for a Council Regulation opening autonomous and transitional Community 
tariff quotas for the import of certain agricultural products originating in Switzerland 

2. 

BUDGET LINES 

Chapter 10 – Article 100: Agricultural duties 
Amount budgeted for the year 2007: EUR 1 486,7 million 

3. 

FINANCIAL IMPACT 

  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 

Revenue6 

Article 100 

Article … 

Impact on own resources 

Impact on own resources 

(€ million) 

Year 2007 

–0,004 

Situation following action 

2008 

–0,004 

2009 

–0,004 

2010 

2011 

Article 100 

Article … 

4. 

ANTI-FRAUD MEASURES 

–– 

5. 

OTHER REMARKS 

The current level of imports for these two products, coming from Switzerland, is low 
and consequently the financial impact of the measure is not significant. 

6 

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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