CELEX: 51995PC0414
Language: en
Date: 1995-09-06
Title: Proposal for a COUNCIL REGULATION (EC) opening a tariff quota for preserved mushrooms originating in China

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)
 ---pagebreak---  ---pagebreak---                           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.
                                                                                   ^
 ---pagebreak---                                          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.
 2
   O J N o L 3 4 9 , 31.12.1994, p. 105.             A>  .
                                                    -A b i o
 ---pagebreak--- 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
 ---pagebreak---        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              CURRENT             FOLLOWING
                                                                   MONTHS                FINANCIAL             FINANCIAL
                                                                                             YEAR                 YEAR
                                                                                              (95)                  (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)                                                               2,3
       - NATIONAL
                                                                   1997             1998             1999              2000
5.0.1. ESTIMATED EXPENDITURE
5.1.1. ESTIMATED REVENUE
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: 2 3 % = 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.
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(95) 414 final
                                              DOCUMENTS
EN                                                                       02 03
                                     Catalogue number : CB-CO-95-456-EN-C
                                                             ISBN 92-77-93013-6
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