WRITTEN QUESTION E-4181/97 by Karin Jöns (PSE) to the Commission (21 January 1998)

Subject: Basis of assessment for agricultural components applied in the case of imports of products covered by CN code 2005 80 00

From 1 July 1995 Regulation (EC) No 1359/95 ((OJ L 142, 26.6.1995, p. 1. )) introduced new bases of assessment for agricultural components applied, inter alia, in the case of imports of products covered by CN code 2005 80 00. The change was repealed on 1 January 1997 by Regulation (EC) No 2445/96 ((OJ L 333, 21.12.1996, p. 5. )) of 17 December 1996.

1. Which Member States continued to take the drained weight rather than the net weight as the basis of assessment for agricultural components applied in the case of imports of products covered by CN code 2005 80 00 from third countries or outside the quotas granted under preferential agreements (Regulation (EC) No 1459/95 ((OJ L 146, 30.6.1995, p. 1. )) of 27 June 1995 for imports from Poland and Hungary and Regulation (EC) No 1937/95 ((OJ L 186, 5.8.1995, p. 11. )) of 4 August 1995 for imports from Switzerland) throughout the period in question or at any time from 1 July 1995 until 31 December 1996 and consequently applied agricultural components only to the drained weight?

2. What difference did this entail to the detriment of the EU budget?

3. Has the Commission meanwhile called on the Member States concerned to collect the difference between the agricultural component applied to drained weight and that applied to net weight?

4. Have the amounts concerned since been transferred to the European Union?

5. Which Member States have not transferred these amounts?

Answer given by Mr Bangemann on behalf of the Commission (6 March 1998)

The variable components applicable until 30 June 1995 to imports of sweet corn falling within CN code 2005 80 00 ((Also to sweet corn within codes CN 07104000, 07119030, 20019030, 20049010, maize, other than sweet corn, within code CN20089985 and yams, sweet potatoes and similar edible parts of plants containing 5% or more by weight of starch within codes CN20019040and 21089995)) were calculated on the basis of the drained net weight of the goods. This calculation method resulted from a footnote in each quarterly Regulation fixing the variable components in application of Council Regulation (EEC) No 3448/93 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products ((OJ L 318, 20.12.1993.)).

However, this footnote was not included in the Community proposal during tarification of the variable components in the framework of the Uruguay Round of multilateral negotiations.

From 1 July 1995, in conformity with the Agreement on Agriculture, the variable components were replaced by the specific amounts (agricultural components) in Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff ((OJ L 256, 7.9.1987.)), as amended by Regulation (EC) No 1359/95 ((OJ L 142, 26.6.1995.)). These amounts are calculated on the basis of the net weight ((Defined as the weight of the goods themselves without containers or packing of any kind.)).

The specific questions raised by the Honourable Member can be answered as follows:

1. The Commission is not aware of any charges made by Member States (except for those applicable in the framework of certain preferential agreements, in conformity with those agreements) that have not been calculated on the basis of the net weight of the goods in question.

2. There consequently does not appear to be any difference to the detriment of the Community budget. The Commission is not in a position to assess the volume of goods which would have been imported if the specific amounts had been determined on the basis of the drained net weight from 1 July 1995. It is therefore not possible to determine whether overall revenue in respect of the goods concerned is greater or less than what would have been the case if the drained net weight had continued to be the basis of assessment.

3. - 5. The questions are inapplicable given that, to the Commission's knowledge, duties not in conformity with the Common Customs Tariff have not been levied.