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Document 52019PC0326

Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, as regards the amendment of Annexes 1 and 2 to the Decision

COM/2019/326 final

Brussels, 8.7.2019

COM(2019) 326 final

2019/0149(NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union within the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, as regards the amendment of Annexes 1 and 2 to the Decision


EXPLANATORY MEMORANDUM

1.Subject matter of the proposal

The current proposal concerns the decision on the position to be taken on behalf of the Union within the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, as regards the amendment of Annexes 1 and 2 to the Agreement.

2.Context of the proposal

2.1.Agreement between the European Community and the Swiss Confederation

Trade in agricultural products, in force since 1 June 2002 (OJ L 114, 30.4.2002, p. 132).

2.2. Joint Committee on Agriculture

Under Article 6 of the Agreement, the Committee shall be responsible for the administration of this Agreement and shall ensure its good functioning. In accordance with Article 11 of the Agreement, the Committee may decide to amend the Annexes to the Agreement.

2.3.The act envisaged by the Joint Committee on Agriculture

The purpose of the envisaged act is to amend Annexes 1 and 2 to the Agreement concerning agricultural concessions made by both parties to the Agreement.

3.Position to be taken on behalf of the Union

The act envisaged aims to (i) update the numeric codes of the Agreement following the latest review of the Harmonised System, (ii) correct an error made in the latest adaptation of Annex 1 concerning the tariff concession for boneless hams, and (iii) incorporate into Annex 1 to the Agreement the tariff concessions granted by Switzerland in 1996 for dog and cat food intended for sale.

The act seeks to consolidate existing concessions that currently are not referred to explicitly in the Agreement and to correct errors in the text of the Agreement. It is therefore a desirable act.

The text of the Joint Committee Decision has been drawn up in cooperation with the Swiss authorities.

4.Legal basis

4.1.Procedural legal basis

4.1.1.Principles

Article 218(9) TFEU provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also covers instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature 1 .

4.1.2.Application to the present case

The Joint Committee on Agriculture is a body set up by an agreement, namely the Agreement between the European Community and the Swiss Confederation on trade in agricultural products.

The act which the Joint Committee on Agriculture is called upon to adopt constitutes an act having legal effects. The envisaged act will be binding under international law in accordance with Article 16 of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products.

The envisaged act does not supplement or amend the institutional framework of the Agreement.

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.

4.2.Substantive legal basis

4.2.1.Principles

The substantive legal basis for a Decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union’s behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.

4.2.2.Application to the present case

The main objective and content of the envisaged act relate to agriculture and the common trade policy.

Therefore the substantive legal basis of the proposed Decision is Article 207(4) TFEU.

4.3.Conclusion

The legal basis of the proposed decision should be Article 207(4), in conjunction with Article 218(9) TFEU.

5.PUBLICATION OF THE ENVISAGED ACT

Since the act of the Joint Committee on Agriculture will amend the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, it should be published in the Official Journal of the European Union, as an attachment to the Council Decision.

2019/0149 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union within the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, as regards the amendment of Annexes 1 and 2 to the Decision

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207, in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)The Agreement between the European Community and the Swiss Confederation on trade in agricultural products (‘the Agreement’) entered into force on 1 June 2002.

(2)Article 6 of the Agreement sets up a Joint Committee on Agriculture (‘the Committee’), which is responsible for the administration of the Agreement and ensures its good functioning.

(3)In accordance with Article 11 of the Agreement, the Committee may decide to amend the Annexes to the Agreement.

(4)The Committee must adopt a decision amending Annexes 1 and 2 to the Agreement in order to update the numeric codes of the Agreement following the latest review of the Harmonised System, correct an error made in the latest adaptation of Annex 1 concerning the tariff concession for boneless hams, and incorporate into Annex 1 to the Agreement the tariff concessions granted by Switzerland in 1996 for dog and cat food intended for sale.

(5)It is appropriate to establish the position to be taken on the Union's behalf in the Committee, as the envisaged decision will be binding on the Union.

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on behalf of the Union within the Joint Committee on Agriculture set up by Article 6 of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products shall be based on the draft Decision of the Joint Committee on Agriculture attached to this Decision.

Article 2

After its adoption, the Decision of the Joint Committee on Agriculture shall be published in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Commission.

Done at Brussels,

   For the Council

   The President

(1)    Judgment of the Court of Justice of 7 October 2014, Germany v Council, C-399/12, ECLI:EU:C:2014:2258, paragraphs 61 to 64.
Top

Brussels, 8.7.2019

COM(2019) 326 final

ANNEX

to the

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union within the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, as regards the amendment of Annexes 1 and 2 to the Decision


ANNEX

Draft

DECISION No XX/2019 OF THE JOINT COMMITTEE ON AGRICULTURE

of...

amending Annexes 1 and 2 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products

THE JOINT COMMITTEE ON AGRICULTURE,

Having regard to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, and in particular Article 11 thereof,

Whereas:

(1)    The Agreement between the European Community and the Swiss Confederation on trade in agricultural products (‘the Agreement’) entered into force on 1 June 2002.

(2)    Annexes 1 and 2 to the Agreement list the tariff concessions granted by the Swiss Confederation and the European Union (‘the Parties’), respectively.

(3)    The Parties have agreed to amend Annexes 1 and 2 to the Agreement following the latest review of the Harmonised System and an error made in the latest adaptation of Annex 1 concerning the tariff concession for boneless hams. It has also been decided to incorporate into Annex 1 to the Agreement the tariff concessions granted by Switzerland in 1996 for dog and cat food intended for sale.

HAS DECIDED AS FOLLOWS:

Article 1

Annexes 1 and 2 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products shall be replaced, respectively, by the texts contained in the Annex to this Decision.

Article 2

This Decision shall enter into force on …………. 2019.



Done at........., on................ .

For the Joint Committee on Agriculture

The Chair and Head of the European Union Delegation

The Head of the Swiss Delegation

The Committee Secretary

Susana Marazuela-Azpiroz

Krisztina Bende

Luis Quevedo Ley

ANNEX

Annex 1

Concessions granted by Switzerland

The tariff concessions set out below are granted by Switzerland for the following products originating in the European Union and are, where applicable, subject to an annual quantity:

Swiss tariff heading

Description

Customs duty applicable (CHF/100 kg gross weight)

Annual quantity (tonnes net weight)

(1)    0101.2991

Live horses (excl. pure-bred horses for breeding and horses for slaughter)
(in number of head)

0.00

100 head

(2)    0204.5010

Goat meat, fresh, chilled or frozen

40.00

100

(3)    0207.1481

Breasts of fowls of domestic
species, frozen

15.00

2 100

(4)    0207.1491

Cuts and edible offal of fowls of domestic species, including livers (excluding breasts), frozen

15.00

1 200

(5)    0207.2781

Breasts of turkeys of domestic species, frozen

15.00

800

(6)    0207.2791

Cuts and edible offal of turkeys of domestic species, including livers (excluding breasts), frozen

15.00

600

(7)    0207.4210

Ducks of domestic species, not cut in pieces, frozen

15.00

700

(8)    

Fatty livers of ducks or geese of domestic species, fresh or chilled

   0207.4300

   of ducks

(9)    0207.5300

   of geese

9.50

20

(10)    

Cuts and edible offal of ducks, geese or guinea fowls of domestic species, frozen (excluding fatty livers)

   

0207.4591

   of ducks

   

0207.5591

   of geese

   

0207.6091

   of guinea fowls

15.00

100

(11)    0208.1000

Fresh, chilled or frozen meat and edible offal of rabbits or hares

11.00

1 700

(12)    0208.9010

Meat and edible offal of game, fresh, chilled or frozen (other than of hares or wild boar)

0.00

100

(13)ex    0210.1191

Hams and cuts thereof, with bone in, of swine (other than wild boar), salted or in brine, dried or smoked

(14)ex    0210.1991

Hams and cuts thereof, boneless, of swine (other than wild boar), salted or in brine, dried or smoked

0.00

1000(1)

(15)    0210.2010

Dried meat of bovine animals

0.00

200(2)

(16)

Edible birds' eggs, in shell

(17)ex    0407.2110

   of fowls of the species Gallus domesticus, fresh

(18)ex    0407.2910

   other, fresh

(19)ex    0407.9010

   other, preserved or cooked

47.00

150

(20)ex    0409.0000

Natural acacia honey

8.00

200

(21)ex    0409.0000

Natural honey, other (excluding acacia)

26.00

50

(22)    0602.1000

Unrooted cuttings and slips

0.00

unlimited

Plants in the form of pomaceous fruit rootstock (of seedling origin or produced by vegetative propagation):

   0602.2011

   grafted, bare-rooted

   0602.2019

   grafted, with root ball

   0602.2021

   not grafted, bare-rooted

   0602.2029

   not grafted, with root ball

0.00

(3)

Plants in the form of stone fruit rootstock (of seedling origin or produced by vegetative propagation):

   0602.2031

   grafted, bare-rooted

   0602.2039

   grafted, with root ball

   0602.2041

   not grafted, bare-rooted

   0602.2049

   not grafted, with root ball

0.00

(3)

Plants other than in the form of pomaceous or stone fruit rootstock (of seedling origin or produced by vegetative propagation), of kinds which bear edible fruit:

   0602.2051

   with bare roots

   0602.2059

   other than bare-rooted

0.00

unlimited

Trees, shrubs and bushes, of kinds which bear edible fruit, bare-rooted:

   0602.2071

   of kinds which bear pomaceous fruit

   0602.2072

   of kinds which bear stone fruit

0.00

(3)

   0602.2079

   other than of kinds which bear pomaceous or stone fruit

0.00

unlimited

Trees, shrubs and bushes, of kinds which bear edible fruit, with root ball:

   0602.2081

   of kinds which bear pomaceous fruit

   0602.2082

   of kinds which bear stone fruit

0.00

(3)

   0602.2089

   other than of kinds which bear pomaceous or stone fruit

0.00

unlimited

(23)    0602.3000

Rhododendrons and azaleas, grafted or not

0.00

unlimited

Roses, grafted or not:

   0602.4010

   wild roses and wild rose stems

(24)

   other than wild roses or wild rose stems:

   0602.4091

   with bare roots

   0602.4099

   other than bare-rooted, with root ball

0.00

unlimited

Plants (of seedling origin or produced by vegetative propagation), of useful species; mushroom spawn:

   0602.9011

   seedling vegetables and turf rolls

   0602.9012

   mushroom spawn

   0602.9019

   other than seedling vegetables, turf rolls or mushroom spawn

0.00

unlimited

Other live plants (including their roots):

   0602.9091

   with bare roots

   0602.9099

   other than bare-rooted, with root ball

0.00

unlimited

(25)    0603.1110

Cut roses of a kind suitable for bouquets or for ornamental purposes, fresh, from 1 May to 25 October

(26)    0603.1210

Cut carnations of a kind suitable for bouquets or for ornamental purposes, fresh, from 1 May to 25 October

(27)    0603.1310

Cut orchids of a kind suitable for bouquets or for ornamental purposes, fresh, from 1 May to 25 October

(28)    0603.1410

Cut chrysanthemums of a kind suitable for bouquets or for ornamental purposes, fresh, from 1 May to 25 October

(29)    0603.1510

Cut lilies (Lilium spp.) of a kind suitable for bouquets or for ornamental purposes, fresh, from 1 May to 25 October

Other cut flowers and flower buds, of a kind suitable for bouquets or for ornamental purposes, fresh, from 1 May to 25 October:

   0603.1911

   woody

   0603.1918

       other than woody

0.00

1000

(30)    0603.1230

Cut carnations of a kind suitable for bouquets or for ornamental purposes, fresh, from 26 October to 30 April

0.00

unlimited

(31)    0603.1330

Cut orchids of a kind suitable for bouquets or for ornamental purposes, fresh, from 26 October to 30 April

(32)    0603.1430

Cut chrysanthemums of a kind suitable for bouquets or for ornamental purposes, fresh, from 26 October to 30 April

(33)    0603.1530

Cut lilies (Lilium spp.) of a kind suitable for bouquets or for ornamental purposes, fresh, from 26 October to 30 April

(34)    0603.1930

Cut tulips of a kind suitable for bouquets or for ornamental purposes, fresh, from 26 October to 30 April

Other cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh, from 26 October to 30 April:

   0603.1931

   woody

   0603.1938

   other than woody

0.00

unlimited

Tomatoes, fresh or chilled:

   0702.0010

   cherry tomatoes:

   from 21 October to 30 April

   0702.0020

   Peretti tomatoes (elongated):

   from 21 October to 30 April

   0702.0030

   other tomatoes, of a diameter of 80 mm or more (beef tomatoes):

   from 21 October to 30 April

   0702.0090

   other:

   from 21 October to 30 April

0.00

10 000

Iceberg lettuce, without outer leaf:

   0705.1111

   From 1 January to the end of February

0.00

2 000

Witloof chicory, fresh or chilled:

   0705.2110

   from 21 May to 30 September

0.00

2 000

(35)    0707.0010

Cucumbers for salad, from 21 October to 14 April

5.00

200

(36)    0707.0030

Pickling cucumbers, > 6 cm but ≤ 12 cm in length, fresh or chilled, from 21 October to 14 April

5.00

100

(37)    0707.0031

Pickling cucumbers, > 6 cm but ≤ 12 cm in length, fresh or chilled, from 15 April to 20 October

5.00

2 100

(38)    0707.0050

Gherkins, fresh or chilled

3.50

800

Aubergines (eggplants), fresh or chilled:

   0709.3010

   from 16 October to 31 May

0.00

1 000

(39)    0709.5100

   0709.5900

Mushrooms, fresh or chilled, of the genus Agaricus or other, with the exception of truffles

0.00

unlimited

Sweet peppers, fresh or chilled:

   0709.6011

   from 1 November to 31 March

2.50

unlimited

(40)    0709.6012

Sweet peppers, fresh or chilled, from 1  April to 31 October

5.00

1 300

Courgettes (including courgette flowers), fresh or chilled:

   0709.9950

   from 31 October to 19 April

0.00

2 000

(41)ex    0710.8090

Mushrooms (uncooked or cooked by steaming or boiling in water), frozen

0.00

unlimited

(42)    0711.9090

Vegetables and mixtures of vegetables, provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for
immediate consumption

0.00

150

(43)    0712.2000

Dried onions, whole, cut, sliced, broken or in powder, but not further prepared

0.00

100

(44)    0713.1011

Peas (Pisum sativum), dried, shelled, whole, unprocessed, for use as animal feed

Rebate of CHF 0.90 on the duty applied

1 000

(45)    0713.1019

Peas (Pisum sativum), dried, shelled, whole, unprocessed (excluding those for use as animal feed, for technical purposes or for brewing)

0.00

1 000

Hazelnuts or filberts (Corylus spp.), fresh or dried:

   0802.2190

   in shell, other than for use as animal feed or for oil extraction

   0802.2290

   in shell, other than for use as animal feed or for oil extraction

0.00

unlimited

(46)    0802.3290

Tree nuts

0.00

100

(47)ex    0802.9090

Pine nuts, fresh or dried

0.00

unlimited

(48)    0805.1000

Fresh or dried oranges

0.00

unlimited

(49)

Mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids, fresh or dried

(50)    0805.2100

mandarins (including tangerines and satsumas)

0.00

unlimited

(51)    0805.2200

clementines

0.00

unlimited

(52)    0805.2900

other

0.00

unlimited

(53)    0807.1100

Watermelons, fresh

0.00

unlimited

(54)    0807.1900

Melons, fresh, other than watermelons

0.00

unlimited

Apricots, fresh, in open packings:

   0809.1011

   from 1  September to 30 June

   0809.1091

in other packings:

   from 1  September to 30 June

0.00

2 100

(55)    0809.4013

Fresh plums, in open packings, from 1 July to 30 September

0.00

600

(56)    0810.1010

Strawberries, fresh, from 1 September to 14 May

0.00

10 000

(57)    0810.1011

Strawberries, fresh, from 15 May to 31 August

0.00

200

(58)    0810.2011

Raspberries, fresh, from 1 June to 14 September

0.00

250

(59)    0810.5000

Fresh kiwifruit

0.00

unlimited

(60)ex    0811.1000

Strawberries, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter, not put up in packings for retail sale, intended for industrial use

10.00

1000

(61)ex    0811.2090

Raspberries, blackberries, mulberries, loganberries and black, white or red currants, gooseberries, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter, not put up in packings for retail sale, intended for industrial use

10.00

1 200

(62)    0811.9010

Bilberries, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter

0.00

200

(63)    0811.9090

Edible fruit, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter (excluding strawberries, raspberries, blackberries, mulberries, loganberries and black, white or red currants, gooseberries, bilberries and tropical fruit)

0.00

1 000

(64)    0904.2200

Fruits of genus Capsicum or Pimenta, dried, crushed or ground

0.00

150

(65)    0910.2000

Saffron

0.00

unlimited

(66)

Wheat and meslin (except durum wheat), for use as animal feed

(67)    1001.9931

-    containing other cereals of Chapter 10

(68)    1001.9939

-    other

Rebate of CHF 0.60 on the duty applied

50 000

(69)

Maize (corn) for use as animal feed

(70)    1005.9031

-    containing other cereals of Chapter 10

(71)    1005.9039

-    other

Rebate of CHF 0.50 on the duty applied

13 000

Virgin olive oil, other than for use as animal feed:

   1509.1091

   in glass containers holding 2 litres or less

60.60(4)

unlimited

   1509.1099

   in glass containers holding more than 2 litres or in other containers

86.70(4)

unlimited

Olive oil and its fractions, whether or not refined, but not chemically modified, other than for use as animal feed:

   1509.9091

   in glass containers holding 2 litres or less

60.60(4)

unlimited

   1509.9099

   in glass containers holding more than 2 litres or in other containers

86.70(4)

unlimited

(72)ex    0210.1991

Hams, in brine, boneless, enclosed in a bladder or in an artificial gut (‘ham in bladder’)

(73)ex    0210.1991

Piece of boneless chop, smoked (‘salmon ham’)

(74)ex 0210.1991
ex 1602.4910

Pork neck, dried in air, seasoned or not, whole, in pieces or thinly sliced
(‘Coppa’)

(75)    1601.0011

   1601.0021

Sausages and similar products, of meat, meat offal or blood; food preparations based on these products of animals of headings 0101 to 0104, excluding wild boars

0.00

3 715

Tomatoes, whole or in pieces, prepared or preserved other than by vinegar or acetic acid:

   2002.1010

   2002.1020

   in containers holding more than 5 kg

   in containers holding 5 kg or less

2.50

4.50

unlimited

unlimited

Tomatoes, prepared or preserved other than by vinegar or acetic acid, other than whole or in pieces:

   2002.9010

   in containers holding more than 5 kg

0.00

unlimited

(76)    2002.9021

Tomato pulp, puree and concentrate, in hermetically sealed containers, with a dry matter content of 25% or more by weight, consisting of tomatoes and water and possibly salt or other seasoning, in containers holding 5 kg or less

0.00

unlimited

(77)    2002.9029

Tomatoes, prepared or preserved other than by vinegar or acetic acid, other than whole or in pieces, and other than tomato pulp, puree or concentrate:

   in containers holding 5 kg or less

0.00

unlimited

(78)    2003.1000

Mushrooms of the genus Agaricus, prepared or preserved other than by vinegar or acetic acid

0.00

1 700

Artichokes, prepared or preserved other than by vinegar or acetic acid, frozen, other than products of heading No 2006:

ex    2004.9018

   in containers holding more than 5 kg

17.50

unlimited

ex    2004.9049

   in containers holding 5 kg or less

24.50

unlimited

Asparagus, prepared or preserved other than by vinegar or acetic acid, not frozen, other than products of heading No 2006:

   2005.6010

   in containers holding more than 5 kg

   2005.6090

   in containers holding 5 kg or less

0.00

unlimited

Olives, prepared or preserved other than by vinegar or acetic acid, not frozen, other than products of heading No 2006:

   2005.7010

   in containers holding more than 5 kg


   2005.7090

   in containers holding 5 kg or less

0.00

unlimited

Capers and artichokes, prepared or preserved other than by vinegar or acetic acid, not frozen, other than products of heading No 2006:

ex    2005.9911

   in containers holding more than 5 kg

17.50

unlimited

ex    2005.9941

   in containers holding 5 kg or less

24.50

unlimited

(79)    2008.3090

Citrus fruit, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included

0.00

unlimited

(80)    2008.5010

Apricot pulp, otherwise prepared or preserved, not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included

10.00

unlimited

(81)    2008.5090

Apricots, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included

15.00

unlimited

(82)    2008.7010

Peach pulp, otherwise prepared or preserved, not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included

0.00

unlimited

(83)    2008.7090

Peaches, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included

0.00

unlimited

Juice of any single citrus fruit other than orange, grapefruit or pomelo, unfermented, not containing added spirit:

ex    2009.3919

   not containing added sugar or other sweetening matter, concentrated

6.00

unlimited

ex    2009.3920

   containing added sugar or other sweetening matter, concentrated

14.00

unlimited

Dessert wines, specialities and mistelles in containers:

   2204.2150

   holding 2 litres or less(5)

8.50

unlimited

   2204.2250

   holding more than 2 litres but not more than 10 litres(5)

8.50

unlimited

   2204.2960

   holding more than 10 litres(5)

8.50

unlimited

(84)ex    2204.2150

Port, in containers holding 2 litres or less, as described(6)

0.00

1 000 hl

(85)

Retsina (a Greek white wine), as described(7)

ex    2204.2121

   in containers holding 2 litres or less

   in containers holding more than 2 litres but not more than 10 litres, of a total alcoholic strength by volume:
 

ex

2204.2221

       of more than 13% vol.

ex

2204.2222

       of 13% vol. or less

   in containers holding more than 10 litres, of a total alcoholic strength by volume:

ex    2204.2923

       of more than 13% vol.

(86)ex    2204.2924

       of 13% vol. or less

0.00

500 hl

Dog and cat food intended for retail sale in hermetically sealed containers;

2309.1021

   containing milk powder or whey

2309.1029

   other

0.00

6000(8)

(87)(1)    Including 480 tonnes of Parma and San Daniele ham under the terms of the exchange of letters of 25 January 1972 between the Community and Switzerland.

(2)    Including 170 tonnes of Bresaola under the terms of the exchange of letters of 25 January 1972 between the Community and Switzerland.

(3)    Subject to an overall annual quota of 60 000 plants.

(4)    Including the contribution to the guarantee fund for compulsory storage.

(5)    Covers only products specified in Annex 7 to the Agreement.

(6)    Description: ‘Port’ means a quality wine produced in a specified region (Oporto in Portugal) in accordance with Regulation (EC) No 1493/1999.

(7)    Description: ‘Retsina’ means a table wine within the meaning of the Community provisions referred to in point A.2 of Annex VII to Regulation (EC) No 1493/1999.

(8)    Concession granted by Switzerland to the European Community under the exchange of letters of 30 June 1996.

Annex 2

European Union concessions

The tariff concessions set out below are granted by the European Community for the following products originating in Switzerland and are, where applicable, subject to an annual quantity:

CN code

Description

Customs duty applicable (EUR/100 kg net weight)

Annual quantity (tonnes net weight)

(88)0102 29 41

(89)0102 29 49

(90)0102 29 51

(91)0102 29 59

(92)0102 29 61

(93)0102 29 69

(94)0102 29 91

0102 29 99

Live bovine animals of a live weight exceeding 160 kg

0.00

4 600 head

(95)ex 0102 39 10

(96)ex 0102 90 91

(97)ex    0210 20 90

Meat of bovine animals, boneless, dried

0.00

1 200

(98)ex    0401 40 10
0401 40 90
0401 50 11
0401 50 19
0401 50 31
0401 50 39
0401 50 91
0401 50 99

Cream, of a fat content, by weight, exceeding 6%

0.00

2 000

(99)    0403 10

Yoghurt

(100)    0402 29 11

ex    0404 90 83

Special milk, for infants, in hermetically sealed containers of a net content not exceeding 500 g, of a fat content, by weight, exceeding 10 %(1)

43.80

unlimited

(101)    0602

Other live plants (including their roots), cuttings and slips; mushroom spawn

0.00

unlimited

(102)    0603 11 00

   0603 12 00

   0603 13 00

   0603 14 00

   0603 15 00

   0603 19

Cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh

0.00

unlimited

(103)    0701 10 00

Seed potatoes, fresh or chilled

0.00

4 000

(104)    0702 00 00

Tomatoes, fresh or chilled

0.00(2)

1 000

(105)    0703 10 19

   0703 90 00

Onions (other than seed)

Leeks and other alliaceous vegetables, fresh or chilled

0.00

5 000

(106)    0704 10 00

   0704 90

Cabbages, cauliflowers, kohlrabi, kale and other similar edible brassicas with the exception of Brussels sprouts, fresh or chilled

0.00

5 500

(107)    0705

Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled

0.00

3 000

(108)    0706 10 00

Carrots and turnips, fresh or chilled

0.00

5 000

(109)    0706 90 10

   0706 90 90

Salad beetroot, salsify, celeriac, radishes and similar edible roots, with the exception of horse-radish (Cochlearia armoracia), fresh or chilled

0.00

3 000

(110)    0707 00 05

Cucumbers, fresh or chilled

0.00(2)

1 000

(111)    0708 20 00

Beans (Vigna spp., Phaseolus spp.), fresh or chilled

0.00

1 000

(112)    0709 30 00

Aubergines (eggplants), fresh or chilled

0.00

500

(113)    0709 40 00

Celery other than celeriac, fresh or chilled

0.00

500

(114)    0709 51 00

   0709 59

Mushrooms and truffles, fresh or chilled

0.00

unlimited

(115)    0709 70 00

Spinach, New Zealand spinach and orache spinach (garden spinach), fresh or chilled

0.00

1 000

(116)    0709 99 10

Salad vegetables, other than lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled

0.00

1 000

(117)    0709 99 20

Chard (or white beet) and cardoons, fresh or chilled

0.00

300

(118)    0709 99 50

Fennel, fresh or chilled

0.00

1 000

(119)    0709 93 10

Courgettes, fresh or chilled

0.00(2)

1 000

(120)    0709 93 90
0709 99 90

Other vegetables, fresh or chilled

0.00

1 000

(121)    0710 80 61

   0710 80 69

Mushrooms (uncooked or cooked by steaming or boiling in water), frozen

0.00

unlimited

(122)    0712 90

Dried vegetables, whole, cut, sliced, broken or in powder, whether or not obtained from cooked vegetables, but not further prepared, with the exception of onions, mushrooms and truffles

0.00

unlimited

(123)ex    0808 10 80

Apples, other than cider apples, fresh

0.00(2)

3 000

(124)    0808 30
0808 40

Pears and quinces, fresh

0.00(2)

3 000

(125)    0809 10 00

Fresh apricots

0.00(2)

500

(126)    0809 29 00

Cherries, other than sour cherries (Prunus cerasus), fresh

0.00(2)

1 500(3)

(127)    0809 40

Plums and sloes, fresh

0.00(2)

1 000

(128)    0810 10 00

Strawberries

0.00

200

(129)    0810 20 10

Raspberries, fresh

0.00

100

(130)    0810 20 90

Blackberries, mulberries and loganberries, fresh

0.00

100

(131)    1106 30 10

Flour, meal and powder of bananas

0.00

5

(132)    1106 30 90

Flour, meal and powder of other fruits of Chapter 8

0.00

unlimited

(133)ex    0210 19 50

Hams, in brine, boneless, enclosed in a bladder or in an artificial gut

0.00

1 900

(134)ex    0210 19 81

Piece of boneless chop, smoked

(135)ex    0210 19 81

ex    1602 49 19

Pork neck, dried in air, seasoned or not, whole, in pieces or thinly sliced

(136)ex    1601 00

Sausages and similar products, of meat, meat offal or blood; food preparations based on these products of animals of headings 0101 to 0104, excluding wild boars

(137)ex    2002 90 91

ex    2002 90 99

Powdered tomatoes, whether or not containing added sugar, other sweetening matter or starch(4)

0.00

unlimited

(138)    2003 90 90

Mushrooms, other than of the genus Agaricus, prepared or preserved otherwise than by vinegar or acetic acid

0.00

unlimited

(139)    0710 10 00

Potatoes, uncooked or cooked by steaming or by boiling in water, frozen

(140)    2004 10 10

   2004 10 99

Potatoes, prepared or preserved other than by vinegar or acetic acid, frozen, other than products of heading No 2006, with the exception of flour, meal or flakes

(141)    2005 20 80

Potatoes, prepared or preserved other than by vinegar or acetic acid, not frozen, other than products of heading No 2006, with the exception of flour, meal or flakes and preparations that are thinly sliced, fried or baked, whether or not salted or flavoured, in airtight packings, suitable for immediate consumption

0.00

3 000

(142)ex    2005 91 00

ex    2005 99

Powdered preparations of vegetables and mixtures of vegetables, whether or not containing added sugar, other sweetening matter or starch(4)

0.00

unlimited

(143)ex    2008 30

Flaked or powdered citrus fruit, whether or not containing added sugar, other sweetening matter or starch(4)

0.00

unlimited

(144)ex    2008 40

Flaked or powdered pears, whether or not containing added sugar, other sweetening matter or starch(4)

0.00

unlimited

(145)ex    2008 50

Flaked or powdered apricots, whether or not containing added sugar, other sweetening matter or starch(4)

0.00

unlimited

(146)    2008 60

Cherries, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included

0.00

500

(147)ex    0811 90 19

ex    0811 90 39

Cherries, uncooked or cooked by steaming or boiling in water, frozen, containing added sugar or other sweetening matter

(148)    0811 90 80

Cherries, other than sour cherries (Prunus cerasus), uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter

(149)ex    2008 70

Flaked or powdered pears, whether or not containing added sugar, other sweetening matter or starch(4)

0.00

unlimited

(150)ex    2008 80

Flaked or powdered strawberries, whether or not containing added sugar, other sweetening matter or starch(4)

0.00

unlimited

(151)ex    2008 99

Other flaked or powdered fruits, whether or not containing added sugar, other sweetening matter or starch(4)

0.00

unlimited

(152)ex    2009 19

Powdered orange juice, whether or not containing added sugar or other sweetening matter

0.00

unlimited

(153)ex    2009 21 00

ex    2009 29

Powdered grapefruit juice, whether or not containing added sugar or other sweetening matter

0.00

unlimited

(154)ex    2009 31

ex    2009 39

Powdered juices of any other citrus fruits, whether or not containing added sugar or other sweetening matter

0.00

unlimited

(155)ex    2009 41

ex    2009 49

Powdered pineapple juice, whether or not containing added sugar or other sweetening matter

0.00

unlimited

(156)ex    2009 71

ex    2009 79

Powdered apple juice, whether or not containing added sugar or other sweetening matter

0.00

unlimited

ex    2009 81
ex    2009 89

Powdered juice of any other single fruit or vegetable, whether or not containing added sugar or other sweetening matter

0.00

unlimited

(157)(1)    For the products of this subheading, ‘special milk for infants’ means products that are free of pathogenic and toxicogenic germs and which contain less than 10 000 revivifiable aerobic bacteria and less than two coliform bacteria per gram.

(2)    Where relevant, a specific duty and not the minimum duty should apply.

(3)    Including 1 000 tonnes under the terms of the exchange of letters of 14 July 1986.

(4)    See Joint Declaration on the tariff classification of powdered vegetables and powdered fruit.

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