Commission Regulation (EC) No 2092/2004 of 8 December 2004 laying down detailed rules of application for an import tariff quota of dried boneless beef originating in Switzerland

9.12.2004 EN Official Journal of the European Union L 362/4
COMMISSION REGULATION (EC) No 2092/2004
of 8 December 2004
laying down detailed rules of application for an import tariff quota of dried boneless beef originating in Switzerland
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1), and in particular the first subparagraph of Article 32(1) thereof,
Whereas:
(1) The Agreement between the European Community and the Swiss Confederation on trade in agricultural products (2) (hereinafter the Agreement) which was approved on behalf of the Community by Decision 2002/309/EC, Euratom provides for tariff-free imports of a quantity of 1 200 tonnes per annum for meat of bovine animals, boneless, dried, falling under CN code ex 0210 20 90.
(2) Due to the BSE crisis the parties declared in the Joint Declaration on the meat sector, included in the Final Act to the Agreement (3) that, by way of an exception, an annual autonomous quota should be opened by the Community for 700 tonnes net weight dried beef subject to ad valorem duty and exempt from the specific duty until the lifting of import restrictions imposed by certain Member States on Switzerland. Commission Regulation (EC) No 2424/1999 of 15 November 1999 laying down detailed rules of application for an import tariff quota of dried boneless beef provided for in Council Regulation (EC) No 2249/1999 (4) opened an import tariff quota of dried boneless beef for imports from Switzerland on a pluriannual basis for an annual volume of 700 tonnes from 1 July to 30 June of the following year.
(3) At its third meeting held in Brussels on 4 December 2003 the Joint Committee on Agriculture concluded that after the adoption of Decision No 2/2003 of the Joint Veterinary Committee set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products of 25 November 2003 amending Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the Agreement (5), and the subsequent lifting of the restrictive measures by the Member States on Switzerland, the concessions as provided for in the Agreement should be applied as soon as possible. However, with consideration to the change in rules of origin, it was jointly felt necessary to allow sufficient time for operators to adjust and to take appropriate steps in relation to possible stocks. Consequently, it was agreed to implement the new concessions as of 1 January 2005.
(4) Detailed rules of application should, therefore, be laid down on a pluriannual basis for a tariff-free import quota of a quantity of 1 200 tonnes per annum starting on 1 January 2005 for meat of bovine animals, boneless, dried, falling under CN code ex 0210 20 90 originating in Switzerland.
(5) To be eligible for the benefit of this tariff quota, the products concerned should originate in Switzerland in conformity with the rules referred to in Article 4 of the Agreement. A precise definition of the eligible products should be provided. For reasons of control, imports under that quota should be subject to the presentation of a certificate of authenticity attesting that the meat corresponds exactly to the eligible definition. It is necessary to establish a model for those certificates and lay down detailed rules for their use.
(6) The arrangements should be managed using import licences. To this end, rules should be laid down on the submission of applications and the information to be given on applications and licences, where necessary by derogation from Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (6) and from Commission Regulation (EC) No 1445/95 of 26 June 1995 on rules of application for import and export licences in the beef and veal sector and repealing Regulation (EEC) No 2377/80 (7).
(7) In order to ensure proper management of the imports of the products concerned, provisions should be made for import licences to be issued subject to verification, in particular of entries on certificates of authenticity.
(8) Regulation (EC) No 2424/1999 should be repealed.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,