CELEX: 52005PC0273
Language: en
Date: 2005-06-21
Title: 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

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)
EN                                                                                EN
 ---pagebreak---                                 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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 ---pagebreak---                                                           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)     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.
   (2)     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
           OJ L 114, 30.4.2002, p. 132.
   2
           OJ L 331, 5.11.2004, p. 7.
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 ---pagebreak---    (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.       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.
   2.       The rules of origin applicable to the products referred to in paragraph 1 shall be those
            provided for in Article 4 of the Agreement.
                                                   Article 2
   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 3
   This Regulation shall enter into force on [1 July 2005].
   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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 ---pagebreak---        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
                 Proposal has no financial implications
          ⌧      Proposal has no financial impact on expenditure but has a financial impact on
                 revenue – the effect is as follows:
                                                                              (€ million to one decimal place)
                                                                   6 month period,
              Budget line               Revenue4                                                  Year n
                                                                 starting 01/07/2005
            Article 100 …      Impact on own resources             – 1,325 Mio€ *             – 1,325 Mio€
            Article …          Impact on own resources
                                                 Situation following action
                                 [n+1]             [n+2]            [n+3]            [n+4]            [n+5]
            Article …
            Article …
   4.     ANTI-FRAUD MEASURES
   5.     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.
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