Explanatory Memorandum to COM(2018)518 - Conclusion of the Agreement with China in connection with the WTO settlement proceedings on Measures affecting Tariff Concessions on Certain Poultry Meat Products

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This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2018)518 - Conclusion of the Agreement with China in connection with the WTO settlement proceedings on Measures affecting Tariff ...
source COM(2018)518 EN
date 05-07-2018


1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

Following the WTO panel report adopted on 19 April 2017 in the WTO dispute settlement proceedings DS492 Measures affecting Tariff Concessions on Certain Poultry Meat Products brought by the People's Republic of China against the European Union, the EU needed to comply with the findings. In particular, the panel found that when allocating quantities within tariff rate quotas to supplying countries under WTO rules, the EU should have taken into account as a “special factor” China's increased ability to export poultry products to the EU following the relaxation of sanitary measures in July 2008. The reasonable period of time for the implementation of the Panel Report under the WTO rules began on 19 April 2017.

On 12 March 2018, the Council authorised the Commission to open negotiations on a mutually agreed solution ("MAS") with China. Negotiations with China resulted in an Agreement in the form of an Exchange of Letters that was initialled on 18 June 2018 in Geneva ("the Agreement"). The Agreement should respect rights of other suppliers, which were agreed in the context of past Article XXVIII GATT negotiations. The Commission also needs to provide for transparent and appropriate tariff quota management.

Thailand has indicated that it is in agreement with the allocation of TRQs to China as set out in the Agreement and we expect to receive their written confirmation shortly (and in any case before the formal signature of this Agreement).

Consequently, the European Commission proposes to the Council to adopt a decision to conclude the Agreement.

• Consistency with existing policy provisions in the policy area

Not applicable – the measure is taken in implementation of a WTO Panel Report, a Union obligation under the WTO Agreement.

• Consistency with other Union policies

Not applicable – the measure is taken in implementation of a WTO Panel Report, a Union obligation under the WTO Agreement.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

Article 207 of the Treaty on the Functioning of the European Union (TFEU), in conjuction with Article 218(6) of the TFEU for conclusion of international agreements.

• Subsidiarity (for non-exclusive competence)

The proposal falls under exclusive competence of the Union, Article 3(1)(e) of the Treaty on the Functioning of the European Union. The subsidiarity principle therefore does not apply.

• Proportionality

The measure is taken in implementation of a WTO Panel Report, a Union obligation under the WTO Agreement.

• Choice of the instrument

A Decision of the Council authorising the conclusion of the Agreement is required under Article 218(6) TFEU.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

Not applicable – the measure is taken in implementation of a WTO Panel Report, a Union obligation under the WTO Agreement.

• Stakeholder consultations

Publication of the roadmap, regular consultation with the industry, stakeholders and Member States. Feedback from the European Poultry, Egg and Game Association (EPEGA) received in January 2018 following the publication of the roadmap clearly stated their support for the opening of these additional quotas.

• Collection and use of expertise

Not applicable – the measure is taken in implementation of a WTO Panel Report, a Union obligation under the WTO Agreement.

• Impact assessment

Not applicable – the measure is taken in implementation of a WTO Panel Report, a Union obligation under the WTO Agreement.

• Regulatory fitness and simplification

Not applicable – the measure is taken in implementation of a WTO Panel Report, a Union obligation under the WTO Agreement.

• Fundamental rights

Not applicable.

4. BUDGETARY IMPLICATIONS

See Financial Statement.

5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

The Commission proposes to the Council that the Agreement in the form of an Exchange of Letters with China be concluded on behalf of the Union.

The results of the Agreement are as follows:

The European Union shall open the following Tariff Rate Quotas (TRQ):

a TRQ of 6060 tonnes for the tariff line 1602.3929 (with specific country allocation of 6000 tonnes to China and 60 tonnes to all others), with an in-quota duty rate of 10.9%

a TRQ of 660 tonnes for the tariff line 1602.3985 (with specific country allocation of 600 tonnes to China and 60 tonnes to all others), with an in-quota duty rate of 10.9%

an erga omnes TRQ of 5000 tonnes for the tariff line 1602.3219, with an in-quota duty rate of 8%

The Commission will adopt implementing Regulations to expand and manage the relevant quotas, pursuant to Article 187(a) of the Single Common Market Organisation (CMO) Regulation (Regulation (EC) No 1308/2013).

These implementation measures are being prepared in parallel with this proposal.

Once the quotas are opened, the EU and China will notify the Agreement to the WTO Dispute Settlement Body as a MAS in relation to the dispute DS492.