Proposal for a COUNCIL REGULATION (EC) opening a tariff quota for preserved mushrooms originating in China
Date: 1995-09-06
Institutions: European Commission
Subjects: CCT duties, China, mushroom-growing, preserved product, tariff negotiations, tariff quota

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. 

The  quota  is  limited  to  China.  Imports  from  the  other  supplier  countries  are 
5. 
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 

imports  of  mushrooms  of 

to 
falling  within 
CN codes 0711 90 40,  2003  10 20  and  2003  10 30l  provided  for  the  levying  of  an 

species  Agaricusspp. 

the 

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. 
2O J N o L 3 4 9,  31.12.1994, p.  105. 

. 

A> 
-A  b io 

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. 

This Regulation  shall  enter into force  on the third day following  its publication  in the 

Official  Journal  of the European Communities. 

Article 3 

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: 

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 

PERIOD  OF  12 
MONTHS 

CURRENT 
FINANCIAL 
YEAR 
(95) 

FOLLOWING 
FINANCIAL 
YEAR 
(96) 

2,3 

1997 

1998 

1999 

2000 

5.0.1. 
5.1.1. 

5.2. 

ESTIMATED  EXPENDITURE 
ESTIMATED  REVENUE 

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:  2 3% =  ECU  2,3  million 

6.0. 

CAN  THE  PROJECT  BE  FINANCED  FROM  APPROPRIATIONS  ENTERED  IN  THE  RELEVANT 
CHAPTER  OF  THF:  CURRENT  BUDGET? 

CAN  THE  PROJECT  BE  FINANCED  BY  TRANSFER  BETWEEN  CHAPTERS  OF  THE  CURRENT 
BUDGET? 

6.2. 

6.3. 

WILL  A  SUPPLEMENTARY  BUDGET  BE  NECESSARY? 

WILL  FUTURE  BUDGET  APPROPRIATIONS  BE  NECESSARY? 

OBSERVATIONS 

Y ES/NO 

YES/NO 

Y-E-S/NQ 

Y&fl-z-NO 

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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