Proposal for a Council Regulation opening an autonomous tariff quota for imports of high-quality beef
Date: 2009-06-11
Institutions: European Commission
Subjects: beef, certificate of origin, import, tariff preference, tariff quota, trade policy

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.6.2009 
COM(2009) 275 final 

2009/078 (ACC) 

Proposal for a 

COUNCIL REGULATION 

opening an autonomous tariff quota for imports of high-quality beef 

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EXPLANATORY MEMORANDUM 

The  Panel  and  Appellate  Body  reports  in  European  Communities  —  Measures  Concerning 
Meat  and  Meat  Products  (Hormones),  adopted  by  the  World  Trade  Organisation  (WTO) 
Dispute  Settlement  Body  (DSB)  on  13 February  1998,  found  that  the  Community  ban  on 
imports  of  meat  and  meat  products  from  cattle  treated  with  certain  hormones  for  growth 
promotion purposes was inconsistent with the Agreement on the Application of Sanitary and 
Phytosanitary Measures. The United States of America requested and obtained authorisation 
from  the  DSB  for  the  suspension  of  concessions  to  the  Community  in  the  amount  of 
US$116.8 million.  

Following  the  amendment  of  Council  Directive  96/22/EC  of  29  April  1996  concerning  the 
prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic 
action and of beta-agonists  by  Directive  2003/74/EC of  the European  Parliament  and of the 
Council of 22 September 2003, the Community brought itself into compliance with the DSB 
rulings  and  recommendations.  However,  the  United  States  considers  that  the  Community  is 
still in breach of its WTO obligations and continues to apply sanctions.  

The Community and the United States have been exploring ways of finding a solution to this 
long-lasting  transatlantic  trade  dispute  without  prejudice  to  their  respective  views  on  the 
WTO consistency of the Community measures. 

Accordingly, an arrangement whereby the Community would open an additional autonomous 
tariff rate quota for high-quality beef on an MFN basis and the United States would reduce the 
amount of sanctions is considered to be an expedient way of improving trading relations. 

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2009/078 (ACC) 

Proposal for a 

COUNCIL REGULATION 

opening an autonomous tariff quota for imports of high-quality beef 

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 Commission1, 

Whereas: 

(1) 

(2) 

In view of the Community interest in developing harmonious trade relations with third 
countries,  provision  should  be  made  for  opening,  as  an  autonomous  measure,  a 
Community  import  tariff  quota  of  20 000  tonnes  for  high-quality  fresh,  chilled  or 
frozen beef. 

Article  144  of  Council  Regulation  (EC)  No  1234/2007  of  22 October  2007 
establishing a common organisation of agricultural markets and on specific provisions 
for certain agricultural products (Single CMO Regulation)2 provides that tariff quotas 
for  the  products  covered  by  this  Regulation  are  opened  and  administered  by  the 
Commission  in  accordance  with  the  detailed  rules  adopted  under  the  procedure 
referred to in Article 195(2) of Regulation No 1234/2007, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

2. 

3. 

An  annual  Community  import  tariff  quota  of  20 000  tonnes,  expressed  in  product 
weight, with order number 09.4449, is hereby opened for high-quality fresh, chilled 
or frozen beef falling within CN codes 0201, 0202, 0206 10 95 and 0206 29 91. 

The ad valorem customs duty for the quota referred to in paragraph 1 shall be 0 %. 

The quota year shall run from 1 July to 30 June. 

The tariff quota referred to in Article 1 shall be managed by the Commission in accordance 
with Article 144 of Regulation (EC) No 1234/2007. 

Article 2 

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

Article 3 

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OJ C , , p. . 
OJ L 299, 16.11.2007, p. 1. 

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It shall apply from 1 August 2009. 

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

Done at Brussels,  

For the Council 
The President 

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Fichefin/09/114906 
(MS/EM/DDG/mlc) 
6.143.2009.1 
DATE: 15/05/2009 
APPROPRIATIONS: 
B2009 : 1.403,5 Mio € 

FINANCIAL STATEMENT 

1. 

2. 

3. 

4. 

5. 

5.0 

BUDGET HEADING: 
Chap.10 – Agricultural duties  
TITLE: 
Proposal for a Council Regulation opening an autonomous tariff quota for imports of high-quality beef 
LEGAL BASIS: 
Art. 133 of the Treaty 
AIMS: 
Opening of an autonomous import tariff quota of 20.000 t for high-quality fresh, chilled or frozen beef 

FINANCIAL IMPLICATIONS 

CHARGED TO THE EC BUDGET 

EXPENDITURE 
- 
(REFUNDS/INTERVENTIONS) 
- 
- 

NATIONAL AUTHORITIES 
OTHER 

12 MONTH 
PERIOD 

(EUR million) 
- 

CURRENT 
FINANCIAL 
YEAR 
2009 
(EUR million) 
- 

5.1  REVENUE 

- 

- 

- 
(LEVIES/CUSTOMS DUTIES) 

OWN RESOURCES OF THE EC  

FOLLOWING 
FINANCIAL YEAR 
2010 
(EUR million) 

- 

- 

5.0.1  ESTIMATED EXPENDITURE 
5.1.1  ESTIMATED REVENUE 
5.2  METHOD OF CALCULATION: 

2011 
- 
- 

2012 
- 
- 

2013 
- 
- 

2014 
- 
- 

6.0  CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE 

YES NO 

RELEVANT CHAPTER OF THE CURRENT BUDGET? 

6.1  CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF 

YES NO 

THE CURRENT BUDGET? 

6.2  WILL A SUPPLEMENTARY BUDGET BE NECESSARY? 
6.3  WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? 
OBSERVATIONS: 
This arrangement is the solution found by UE and the USA, who would reduce the amount of sanctions applied. 
The measure is considered to be an expedient way of improving trading relations.  
The customs duty for the quota is fixed at 0. It can be estimated that the measure has not a financial impact. 

YES NO 
YES NO 

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