Explanatory Memorandum to COM(2009)275 - Proposal for a Council Regulation opening an autonomous tariff quota for imports of high-quality beef

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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.