Proposal for a Council Regulation amending the autonomous duty for garlic in the common customs tariff (CN code 0703 20 00)
Date: 2001-09-25
Institutions: European Commission
Subjects: CCT duties, bulb vegetable, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 25.09.2001
COM(2001) 525 final

2001/0219 (ACC)

Proposal for a

COUNCIL REGULATION

amending the autonomous duty for garlic in the common customs tariff
(CN code 0703 20 00)

(presented by the Commission)

1.

2.

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5.

6.

EXPLANATORY MEMORANDUM

On 2 May 2000, the Council authorised the Commission to notify the WTO that the
European  Community  intended  to  amend  the  bound  tariff  for  garlic  falling  within
heading 0703 20 00 and that, in accordance with Article XXVIII of the GATT 1994,
it was ready to open negotiations and consultations with WTO Members.

The negotiations between the European Community and the Argentine Republic, the
only  WTO  member  having  a  principal  supplying  interest,  were  successfully
concluded through an exchange of letters approved on behalf of the Community by
Council Decision of 28 May 2001. The Agreement in question, which applies from
1 June 2001, was notified to the WTO on 18 June 2001.

The EC has agreed to open a tariff quota for garlic amounting to 38 370 tonnes, the
in-quota rate of duty being 9,6%. The out-of-quota bound tariff is set at EUR 1200/t
+ 9,6% ad valorem.

The  autonomous  out-of-quota  duty  remains  12,0%  ad  valorem,  however.  Under
Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and
on  the  Common  Customs  Tariff,  as  last  amended  by  Commission  Regulation  (EC)
No  1230/2001  of  21  June  2001,  autonomous  customs  duties  apply  when  they  are
below the conventional duties.

So  that  the  new  system  for  importing  garlic  can  completely  fulfil  its  role,  the
autonomous  rate  of  duty  fixed  in  the  common  customs  tariff  (12%)  should  be
increased to the same  amount  (EUR  1 200/t)  as  that  laid  down  for  the  out-of-quota
conventional duty, with effect from 1 June 2001.

This  proposal  invites  the  Council  to  amend  the  autonomous  duty  for  garlic  in  the
common customs tariff.

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2001/0219 (ACC)

Proposal for a

COUNCIL REGULATION

amending the autonomous duty for garlic in the common customs tariff
(CN code 0703 20 00)

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Article 133 thereof,

Having regard to the proposal from the Commission1,

Whereas:

(1)

(2)

(3)

The  Agreement  in  the  form  of  an  Exchange  of  Letters  between  the  European
Community  and  the  Argentine  Republic  pursuant  to  Article  XXVIII  of  the  General
Agreement  on  Tariffs  and  Trade  (GATT)  1994  for  the  modification  of  concessions
with  respect  to  garlic  provided  for  in  Schedule  CXL  annexed  to  the  GATT,  was
approved on behalf of the Community by Council Decision 2001/404/EC of 28 May
20012.

The conditions for importing garlic have been amended as a result from 1 June 2001.
The new system subjects imports of garlic falling within CN code 0703 20 00, outside
of  a  GATT  quota,  to  a  customs  duty  comprising  an  ad  valorem  rate  of  9,6  %  and  a
specific amount, fixed at EUR 1 200 per tonne net.

So that the new system can completely fulfil its role, the autonomous rate of duty fixed
in  the  common  customs  tariff  should  be  increased  to  the  same  amount  as  that  laid
down for the out-of-quota conventional duty, with effect from 1 June 2001,

HAS ADOPTED THIS REGULATION:

Article 1

The autonomous duty for garlic falling within CN code NC 0703 20 00 shall comprise an ad
valorem rate of 12 % and a specific amount of EUR 1 200 per tonne net.

1

2

OJ C …, …, p. …
OJ L 142, 29.5.2001, p. 7.

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Article 2

This Regulation shall enter into force on the third day following its publication in the Official
Journal of the European Communities.

It shall apply from 1 June 2001.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council
The President

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5.

5.0

5.1

FINANCIAL STATEMENT

BUDGET HEADING:
Chapter 10: Agricultural duties

APPROPRIATIONS:
EUR 1 180 million

TITLE:
Council Regulation amending the autonomous duty for garlic in the common customs tariff (CN code
0703 20 00)

LEGAL BASIS:
Article 133 of the EC Treaty

AIMS OF THE MEASURE:
To amend the autonomous duty for garlic in the common customs tariff (CN code 0703 20 00).

FINANCIAL IMPLICATIONS

CHARGED TO THE EC BUDGET

NATIONAL ADMINISTRATION
OTHER

EXPENDITURE
-
(REFUNDS/INTERVENTIONS)
-
-
REVENUE
-
(LEVIES/CUSTOMS DUTIES)
-

NATIONAL

OWN RESOURCES OF THE EC

5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE

5.2 METHOD OF CALCULATION:

PERIOD OF
12 MONTHS

(EUR million)
-

CURRENT
FINANCIAL
YEAR 2001
(EUR million)

FOLLOWING
FINANCIAL
YEAR 2002
(EUR million)
-

p.m.

p.m.

2003
-
p.m.

2004
-
p.m.

2005
-
p.m.

2006
-
p.m.

6.0

6.1

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

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

6.2

IS A SUPPLEMENTARY BUDGET NECESSARY?

6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?

OBSERVATIONS:

Total imports of garlic in 2000 amounted to 34 984 tonnes, i.e. less than the quota.

YES / NO

YES / NO

YES / NO

YES / NO

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