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8.6.2012 Official
Journal
of
the
European
Union L
149/1
I
(Legislative acts)
REGULATIONS
REGULATION (EU) No 464/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 22 May 2012
amending Council Regulation (EC) No 617/2009 opening an autonomous tariff quota for imports of
high-quality beef
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
the Government of Canada and the European
EUROPEAN UNION,
Commission Regarding the Importation of Beef from
Animals Not Treated with Certain Growth-Promoting
Hormones and Increased Duties Applied by Canada to
Certain Products of the European Union signed in
Having regard to the Treaty on the Functioning of the European
Geneva on 17 March 2011 (MoU with Canada). The
Union, and in particular Article 207 thereof,
MoU with Canada sets out a roadmap of intended
steps concerning the importation of high-quality beef
into the European Union and the level of increased
Having regard to the proposal from the European Commission,
duties imposed by Canada on certain Union products
in connection with the WTO dispute ‘European Commu
nities — Measures Concerning Meat and Meat Products
(Hormones)’ (DS 48).
After transmission of the draft legislative act to the national
parliaments,
(3)
The MoU with the United States and the MoU with
Acting in accordance with the ordinary legislative procedure ( 1 ),
Canada provide for three-phased arrangements which
gradually abolish the sanctions imposed by the United
States and Canada on certain Union products pursuant to
Whereas:
the authorisation of the WTO of 1999. In this regard the
Union should progressively increase the autonomous
tariff-rate quota for beef that is not treated with
growth hormones and that fully complies with other
(1) A
Memorandum
of
Understanding
between
the
United
import requirements of the Union.
States of America and the European Commission
Regarding the Importation of Beef from Animals Not
Treated with Certain Growth-Promoting Hormones and
Increased Duties Applied by the United States to Certain
Products of the European Communities was endorsed by
(4)
Following the signature of the MoU with the United
the Council by letter of 12 May 2009 and signed in
States, an annual Community import tariff quota of
Geneva on 13 May 2009 (MoU with the United
20 000 tonnes (Phase 1), expressed in product weight,
States). The aim of the MoU with the United States is
was opened for high-quality fresh, chilled or frozen
to settle the long-standing World Trade Organisation
beef falling within CN codes 0201, 0202, 0206 10 95
(WTO) dispute between the European Union and the
and 0206
29
91 by Council Regulation (EC) No
United States of America on Beef Hormones, ‘European
617/2009 ( 2 ).
Communities — Measures Concerning Meat and Meat
Products (Hormones)’ (DS 26).
(5)
The timetable set by the MoU with the United States
(2) The
Government
of
Canada
and
the
European
plans to increase the annual quantity of the import
Commission have reached an understanding, as docu
tariff quota by 25 000 tonnes, once both Sides enter
mented in a Memorandum of Understanding between
into Phase 2 of the MoU with the United States, which
entails the United States lifting the remaining sanctions
imposed by it.
( 1 ) Position of the European Parliament of 14 March 2012 (not yet
published in the Official Journal) and decision of the Council of
26 April 2012.
( 2 ) OJ L 182, 15.7.2009, p. 1.

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L 149/2
EN
Official Journal of the European Union
8.6.2012
(6) The
MoU
with
Canada
envisages
an
increase
of
the
initial (2) Article 2 is replaced by the following:
annual quantity of 20 000 tonnes of high-quality beef by
1 500 tonnes. It also envisages that Canada lifts all
remaining sanctions as soon as possible following the
‘Article 2
signature of the MoU with Canada.
1. The
import
tariff
quota
referred
to
in
Article
1
shall
be
managed by the Commission by means of implementing
acts. Those implementing acts shall be adopted in
(7)
The timetable set by the MoU with Canada envisages a
accordance with the examination procedure referred to in
further increase of the annual quantity of the import
Article 2a(2).
tariff quota by 1 700 tonnes, once both Sides enter
into Phase 2 of the MoU with Canada.
2. The
Commission
may
suspend
the
application
of
the
import tariff quota referred to in Article 1 by means of
(8) In
order
to
ensure
uniform
conditions
for
the
implemen
implementing acts, in whole or in part, in the event that
tation of Regulation (EC) No 617/2009, implementing
either the United States or Canada do not take the steps
powers should be conferred on the Commission. In
planned in the Memorandum of Understanding between the
particular, the Commission should be empowered to
United States and the European Commission (*) or in the
suspend the import tariff quota, in whole or in part, if
Memorandum of Understanding between the Government
the steps planned in the MoU with the United States or
of Canada and the European Commission (**), respectively.
in the MoU with Canada are not taken or maintained by
Those implementing acts shall be adopted in accordance
the United States or Canada respectively. Those powers
with the examination procedure referred to in Article 2a(2).
should be exercised in accordance with Regulation (EU)
No 182/2011 of the European Parliament and of the
___________
Council of 16 February 2011 laying down the rules
and general principles concerning mechanisms for
(*) Memorandum of Understanding between the United
control by Member States of the Commission's exercise
States of America and the European Commission
of implementing powers (
Regarding the Importation of Beef from Animals Not

1 ).
Treated with Certain Growth-Promoting Hormones and
Increased Duties Applied by the United States to
Certain Products of the European Communities,
(9) Regulation
(EC)
No
617/2009
should
therefore
be
endorsed by the Council by letter of 12 May 2009
amended accordingly,
and signed in Geneva on 13 May 2009.
(**) Memorandum of Understanding between the
Government of Canada and the European Commission
Regarding the Importation of Beef from Animals Not
HAVE ADOPTED THIS REGULATION:
Treated with Certain Growth-Promoting Hormones and
Increased Duties Applied by Canada to Certain
Products of the European Union, signed in Geneva
Article 1
on 17 March 2011.’;
Regulation (EC) No 617/2009 is hereby amended as follows:
(3) the following Article is inserted:
(1) Article 1 is amended as follows:
‘Article 2a
(a) paragraph 1 is replaced by the following:
1. The
Commission
shall
be
assisted
by
the
Management
Committee for the Common Organisation of Agricultural
Markets established by Article 195(1) of Regulation (EC)
‘1. An
annual
Union
import
tariff
quota
of
21
500
No 1234/2007. That committee shall be a committee
tonnes, expressed in product weight, with order
within the meaning of Regulation (EU) No 182/2011 (*).
No 09.4449, is hereby opened for high-quality fresh,
chilled or frozen beef covered by CN codes 0201,
0202, 0206 10 95. and 0206 29 91.’;
2. Where
reference
is
made
to
this
paragraph,
Article
5
of Regulation (EU) No 182/2011 shall apply.
(b) the following paragraph is inserted:
___________
(*) Regulation (EU) No 182/2011 of the European
‘1a. As
of
1
August
2012,
the
annual
Union
import
Parliament and of the Council of 16 February 2011
tariff quota referred to in paragraph 1 shall be increased
laying down the rules and general principles concerning
to 48 200 tonnes, expressed in product weight.’;
mechanisms for control by Member States of the
Commission's exercise of implementing powers
(OJ L 55, 28.2.2011, p. 13).’.
( 1 ) OJ L 55, 28.2.2011, p. 13.

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EN
8.6.2012 Official
Journal
of
the
European
Union L
149/3
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official
Journal of the European Union.
It shall apply from 1 July 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 22 May 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
N. WAMMEN

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Document Outline

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