COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 06.09.1995 
COM(95) 414 final 
95/0224 (ACC) 
Proposal for a 
COUNCIL REGULATION (EC) 
opening a tariff quota for preserved mushrooms originating in China 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
1. Under the GATT Agreement, the new import arrangements which enter into force 
on 1 July 1995 provide for the levying of a conventional ad valorem duty of 11.6% or 
22.2% and a specific duty of ECU 231 or ECU 269/100 kg depending on CN code on 
certain preserved mushrooms (genus Agaricus). 
The new arrangements replace the previous autonomous arrangements which provided for 
the levying of an additional amount on imports (Council Regulation (EEC) No 1796/81). 
2. Parallel to the introduction of these new customs tariffs, a tariff quota of 
61 260 tonnes (net drained weight) exempt from the specific duty is provided for. Within 
the quota, only an ad valorem duty (of 12% or 23% according to the product) will be 
levied. 
The quota will be allocated between Poland (32 480 tonnes) and other countries 
(28 780 tonnes). It corresponds to the quantities exempted from the additional amount 
under the previous arrangements, of which 22 750 tonnes of the total allocated to "other 
countries" were reserved for China. 
In practice, imports are limited to the tariff quota. In excess of the quota, third country 
products are no longer competitive compared with Community products because of the 
relatively high level of the specific duty. 
3. The tariff quota volume represents the traditional imports of the Community as 
constituted on 31 December 1994 and takes no account of the needs of the three new 
Member States which are net importers of these products, mainly from China. 
4. Pending the outcome of the negotiations opened pursuant to Article XXEV:6 of 
GATT 1994 on the adjustment of Community concessions following the latest 
enlargement of the Community, it is proposed to open a tariff quota without a specific 
duty for the second half of 1995 for 4 400 tonnes of products originating in China as an 
autonomous measure. This quantity is equal to half the annual imports of Austria, Finland 
and Sweden from China. 
5. The quota is limited to China. Imports from the other supplier countries are 
marginal (for example only 4 4 0 tj'• tonnes from Poland) and their needs can be covered 
by existing quotas which were never fully used by the Community as constituted on 
31 December 1994. 
^ 
Proposal for a 
COUNCIL REGULATION (EC) No 
of 1995 
opening a tariff quota for preserved mushrooms originating in China 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular 
Article 113 thereof 
Having regard to the proposal from the Commission, 
Whereas Council Regulation (EEC) No 1796/81 of 30 June 1981 on measures applicable 
to imports of mushrooms of the species Agaricusspp. falling within 
CN codes 0711 90 40, 2003 10 20 and 2003 10 30l provided for the levying of an 
additional amount on imports in excess of certain quantities laid down; whereas those 
arrangements applied inter dia to imports from China; whereas Council Regulation (EC) 
No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements 
required in me agriculture sector in order to implement the agreements concluded during 
the Uruguay Round of multilateral trade negotiations3 has repealed those arrangements 
with effect from 1 July 1995 in anticipation of the opening by the Commission of tariff 
quotas for imports of the products concerned; 
Whereas the quantities imported from China during the first half of 1995 under the old 
arrangements and those which may be imported during the second half of 1995 under the 
new arrangements reflect the traditional imports of the Community as constituted on 
31 December 1994; whereas, pending the outcome of the negotiations opened pursuant 
to Article XXIV:6 of GATT 1994 with WTO members on the adjustment of Community 
concessions following the latest enlargement of the Community, a tariff quota should be 
opened for imports during the second half of 1995 as an autonomous measure taking 
account of the traditional imports of the three new Member States, 
1 OJ No L 183, 4.7,1981, p. I. 
2OJNoL349, 31.12.1994, p. 105. A> . 
-A bio 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. A Community tariff quota is hereby opened for the importation without payment 
of the specific duty, during the period 1 July 1995 to 31 December 1995, of a net 
drained weight of 4 400 tonnes of preserved mushrooms of the species 
Agaricus falling within CN codes 0711 90 40, 2003 10 20 and 2003 10 30 and 
originating in China. 
2. The common customs tariff applicable to the quota referred to in paragraph 1 shall 
be 12% for products falling within CN code 0711 90 40 and 23% for products 
falling within CN codes 2003 10 20 and 2003 10 30. 
Article 2 
The detailed rules for the application of this Regulation shall be laid down by the 
Commission in accordance with the procedure provided for in Article 22 of Regulation 
(EEC) No 426/86. 
Article 3 
This Regulation shall enter into force on the third day following its publication in the 
Official Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
The President 
FINANCIAL STATEMENT 
BUDGET HEADING: 1000 APPROPRIATIONS: 
ECU 946,2 million 
TITLE: 
Council Regulation opening a tariff quota for preserved mushrooms originating in China. 
LEGAL BASIS: 
Article 113 
AIMS: 
Exemption from the specific duty for preserved mushrooms originating in China. 
5. FINANCIAL IMPLICATIONS: PERIOD OF 12 
MONTHS CURRENT 
FINANCIAL 
YEAR 
(95) FOLLOWING 
FINANCIAL 
YEAR 
(96) 
5.0. EXPENDITURE 
- CHARGED TO THE EC BUDGET 
(REFUNDS/INTERVENTION) 
- NATIONAL AUTHORITIES 
- OTHER 
5.1. REVENUE 
- OWN RESOURCES OF THE EC 
(t£V46S/CUST0MS DUTIES) 
- NATIONAL 2,3 
1997 
5.0.1. ESTIMATED EXPENDITURE 
5.1.1. ESTIMATED REVENUE 1998 1999 2000 
5.2. METHOD OF CALCULATION: 
Estimate of maximum customs duty revenue: 
4 400 t x ECU 2 300/t = ECU 10.1 million (ad valorem) 
Customs duty: 23% = ECU 2,3 million 
6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT 
CHAPTER OF THF: CURRENT BUDGET? Y ES/NO 
CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT 
BUDGET? YES/NO 
6.2. WILL A SUPPLEMENTARY BUDGET BE NECESSARY? Y-E-S/NQ 
6.3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? Y&fl-z-NO 
OBSERVATIONS 
In the past the high level of the specific duty prevented this product from being imported into the 
Community. Consequently there was no revenue. 

ISSN 0254-1475 
COM(95) 414 final 
DOCUMENTS 
EN 02 03 
Catalogue number : CB-CO-95-456-EN-C 
ISBN 92-77-93013-6 
Office for Official Publications of the European Communities 
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