BETA


2012/0054(COD) Imports of processed poultry meat: autonomous and conventional duty rates

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead INTA MOREIRA Vital (icon: S&D S&D) ŠŤASTNÝ Peter (icon: PPE PPE), STURDY Robert (icon: ECR ECR)
Lead committee dossier:
Legal Basis:
TFEU 207-p2

Events

2012/12/20
   Final act published in Official Journal
Details

PURPOSE: to implement the agreement on imports concluded between the European Union and Brazil and Thailand respectively in order to deal with the problem of potential substitution effects in the import of poultry.

LEGISLATIVE ACT: Regulation (EU) No 1218/2012 of the European Parliament and of the Council.

CONTENT: this Regulation concerns the implementation of the Agreement in the form of an Exchange of Letters between the EU and Brazil and the EU and Thailand relating to the modification of concessions with respect to processed poultry meat pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 and amending and supplementing Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff.

In order comprehensively to address substitution effects affecting the EU poultry industry, the Commission requested from the Council the authorisation to renegotiate the concessions on poultry meat with Brazil and Thailand. The negotiations resulted in Agreements in the form of exchanges of letters initialled with Thailand on 22 November 2011 and with Brazil on 7 December 2011.

Following these negotiations, this Regulation concerns the implementation of the Agreements between the European Union and Brazil and Thailand respectively in order to deal with the problem of substitution effects in the import of poultry. The implementation of the Agreements concern:

an increase in the out-of-quota rates for 7 tariff lines of processed poultry meat products, and, opening tariff quotas for the same 7 tariff lines of processed poultry meat products, for Brazil, Thailand and other countries.

ENTRY INTO FORCE: 21/12/2012. The Regulation shall apply from the date of entry into force of the Agreements.

2012/12/12
   CSL - Draft final act
Documents
2012/12/12
   CSL - Final act signed
2012/12/12
   EP - End of procedure in Parliament
2012/12/03
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2012/11/21
   EP - Results of vote in Parliament
2012/11/21
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 591 votes to 13, with 92 abstentions, a legislative resolution on the proposal for a Regulation of the European Parliament and of the Council concerning the implementation of the Agreements concluded by the EU following negotiations in the framework of Article XXVIII of GATT 1994, amending and supplementing Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff.

Parliament adopted its position at first reading, taking over the Commission’s proposal unamended.

Documents
2012/10/24
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on International Trade adopted he report by Vital MOREIRA (S&D, PT) on the proposal for a Regulation of the European Parliament and of the Council concerning the implementation of the Agreements concluded by the EU following negotiations in the framework of Article XXVIII of GATT 1994, amending and supplementing Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff.

The parliamentary committee recommends that the Parliament adopts its position at first reading, taking over the Commission’s proposal unamended.

Documents
2012/10/11
   EP - Vote in committee, 1st reading
2012/09/04
   EP - Committee draft report
Documents
2012/06/07
   PT_PARLIAMENT - Contribution
Documents
2012/04/25
   EP - MOREIRA Vital (S&D) appointed as rapporteur in INTA
2012/03/29
   EP - Committee referral announced in Parliament, 1st reading
2012/03/16
   EC - Legislative proposal
Details

PURPOSE: to implement the agreement on imports concluded between the European Union and Brazil and Thailand respectively in order to deal with the problem of potential substitution effects in the import of poultry.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: negotiations under Article XXVIII of GATT 1994 concluded on poultry in 2007 covered tariff lines on poultry meat under heading 0210 as well as one processed poultry line, 1602 32 19 in the EC Schedule CXL: cooked preparations containing more than 57% of poultry meat. Limiting the negotiations to the processed poultry line 1602 32 19 was considered to sufficiently prevent potential substitution effects.

Subsequent import data, however, showed a dramatic import surge of processed poultry meat under tariff line 1602 32 30: preparations containing 25% or more but less than 57% by weight of poultry meat or offal . This indicated that exporters seemed to take advantage of a relative gap in the EU level of protection, substituting poultry preparations containing more than 57% of poultry meat with preparations containing less than 57%, under tariff line 1602 32 30. Comparable substitution effects were to be expected under other 1602 tariff lines in the future.

In order comprehensively to address these substitution effects affecting the EU poultry industry, the Commission requested from the Council the authorisation to renegotiate the concessions on poultry meat under Chapter 16 of the CN. The Commission has negotiated with the Federal Republic of Brazil and with the Kingdom of Thailand, each holding principal supplying interests and/or substantial interests in various of the tariff lines concerned. The negotiations have resulted in Agreements in the form of exchanges of letters initialled with Thailand on 22 November 2011 and with Brazil on 7 December 2011. The agreements were negotiated on the basis of the Combined Nomenclature codes in force at the time. In the newest version of Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff as laid down in Commission Regulation (EU) No 1006/2011 published in OJ L 282 of 28 October 2011, the tariff lines 1602 39 40 and 1602 39 80 have been merged into a new tariff line 1602 39 85. It is therefore appropriate to reflect this new situation in the present implementing regulation. The autonomous Customs duty rates for the tariff lines covered by the negotiations are currently set at levels below the new conventional duty rates resulting from the modification of concessions pursuant to Article XXVIII of GATT 1994. However, under Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, the autonomous customs duties apply when they are below the conventional duties.

IMPACT ASSESSMENT: no impact assessment has been undertaken.

LEGAL BASIS: Article 207(2) TFEU.

CONTENT: following the negotiations opened under Article XXVIII of the GATT 1994 in mid-2009 with Brazil and Thailand, this proposal concerns the implementation of the Agreements between the European Union and Brazil and Thailand respectively in order to deal with the problem of l substitution effects in the import of poultry. The implementation of the Agreements concern :

an increase in the out-of-quota rates for 7 tariff lines of processed poultry meat products, and, opening TRQs for the same 7 tariff lines of processed poultry meat products, for Brazil, Thailand and other countries.

This proposal is closely linked to the proposal for a Council decision regarding the conclusion of agreements between the European Union and Brazil and Thailand respectively in order to deal with the problem of substitution effects in the import of poultry.

BUDGETARY IMPLICATIONS: the import volume of the quota is similar to the quantity imported prior to this agreement. There is no effect on the internal market balance that could lead to needs for market instruments. In case of import of the total quota under this draft regulation, it can be estimated that the measure could involve a reduction of own resources of an approximated net amount of EUR 1.4 million, after deduction of 25% of collection costs by Member States.

Documents

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2012-06-07T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2012)0115 title: COM(2012)0115 type: Contribution body: PT_PARLIAMENT
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  • date: 2012-03-16T00:00:00 type: Legislative proposal published body: EC docs: url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=115 title: EUR-Lex title: COM(2012)0115 summary: PURPOSE: to implement the agreement on imports concluded between the European Union and Brazil and Thailand respectively in order to deal with the problem of potential substitution effects in the import of poultry. PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND: negotiations under Article XXVIII of GATT 1994 concluded on poultry in 2007 covered tariff lines on poultry meat under heading 0210 as well as one processed poultry line, 1602 32 19 in the EC Schedule CXL: cooked preparations containing more than 57% of poultry meat. Limiting the negotiations to the processed poultry line 1602 32 19 was considered to sufficiently prevent potential substitution effects. Subsequent import data, however, showed a dramatic import surge of processed poultry meat under tariff line 1602 32 30: preparations containing 25% or more but less than 57% by weight of poultry meat or offal . This indicated that exporters seemed to take advantage of a relative gap in the EU level of protection, substituting poultry preparations containing more than 57% of poultry meat with preparations containing less than 57%, under tariff line 1602 32 30. Comparable substitution effects were to be expected under other 1602 tariff lines in the future. In order comprehensively to address these substitution effects affecting the EU poultry industry, the Commission requested from the Council the authorisation to renegotiate the concessions on poultry meat under Chapter 16 of the CN. The Commission has negotiated with the Federal Republic of Brazil and with the Kingdom of Thailand, each holding principal supplying interests and/or substantial interests in various of the tariff lines concerned. The negotiations have resulted in Agreements in the form of exchanges of letters initialled with Thailand on 22 November 2011 and with Brazil on 7 December 2011. The agreements were negotiated on the basis of the Combined Nomenclature codes in force at the time. In the newest version of Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff as laid down in Commission Regulation (EU) No 1006/2011 published in OJ L 282 of 28 October 2011, the tariff lines 1602 39 40 and 1602 39 80 have been merged into a new tariff line 1602 39 85. It is therefore appropriate to reflect this new situation in the present implementing regulation. The autonomous Customs duty rates for the tariff lines covered by the negotiations are currently set at levels below the new conventional duty rates resulting from the modification of concessions pursuant to Article XXVIII of GATT 1994. However, under Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, the autonomous customs duties apply when they are below the conventional duties. IMPACT ASSESSMENT: no impact assessment has been undertaken. LEGAL BASIS: Article 207(2) TFEU. CONTENT: following the negotiations opened under Article XXVIII of the GATT 1994 in mid-2009 with Brazil and Thailand, this proposal concerns the implementation of the Agreements between the European Union and Brazil and Thailand respectively in order to deal with the problem of l substitution effects in the import of poultry. The implementation of the Agreements concern : an increase in the out-of-quota rates for 7 tariff lines of processed poultry meat products, and, opening TRQs for the same 7 tariff lines of processed poultry meat products, for Brazil, Thailand and other countries. This proposal is closely linked to the proposal for a Council decision regarding the conclusion of agreements between the European Union and Brazil and Thailand respectively in order to deal with the problem of substitution effects in the import of poultry. BUDGETARY IMPLICATIONS: the import volume of the quota is similar to the quantity imported prior to this agreement. There is no effect on the internal market balance that could lead to needs for market instruments. In case of import of the total quota under this draft regulation, it can be estimated that the measure could involve a reduction of own resources of an approximated net amount of EUR 1.4 million, after deduction of 25% of collection costs by Member States.
  • date: 2012-03-29T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2012-10-11T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2012-10-24T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-351&language=EN title: A7-0351/2012 summary: The Committee on International Trade adopted he report by Vital MOREIRA (S&D, PT) on the proposal for a Regulation of the European Parliament and of the Council concerning the implementation of the Agreements concluded by the EU following negotiations in the framework of Article XXVIII of GATT 1994, amending and supplementing Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff. The parliamentary committee recommends that the Parliament adopts its position at first reading, taking over the Commission’s proposal unamended.
  • date: 2012-11-21T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=22110&l=en title: Results of vote in Parliament
  • date: 2012-11-21T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-435 title: T7-0435/2012 summary: The European Parliament adopted by 591 votes to 13, with 92 abstentions, a legislative resolution on the proposal for a Regulation of the European Parliament and of the Council concerning the implementation of the Agreements concluded by the EU following negotiations in the framework of Article XXVIII of GATT 1994, amending and supplementing Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff. Parliament adopted its position at first reading, taking over the Commission’s proposal unamended.
  • date: 2012-12-03T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2012-12-12T00:00:00 type: Final act signed body: CSL
  • date: 2012-12-12T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2012-12-20T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to implement the agreement on imports concluded between the European Union and Brazil and Thailand respectively in order to deal with the problem of potential substitution effects in the import of poultry. LEGISLATIVE ACT: Regulation (EU) No 1218/2012 of the European Parliament and of the Council. CONTENT: this Regulation concerns the implementation of the Agreement in the form of an Exchange of Letters between the EU and Brazil and the EU and Thailand relating to the modification of concessions with respect to processed poultry meat pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 and amending and supplementing Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff. In order comprehensively to address substitution effects affecting the EU poultry industry, the Commission requested from the Council the authorisation to renegotiate the concessions on poultry meat with Brazil and Thailand. The negotiations resulted in Agreements in the form of exchanges of letters initialled with Thailand on 22 November 2011 and with Brazil on 7 December 2011. Following these negotiations, this Regulation concerns the implementation of the Agreements between the European Union and Brazil and Thailand respectively in order to deal with the problem of substitution effects in the import of poultry. The implementation of the Agreements concern: an increase in the out-of-quota rates for 7 tariff lines of processed poultry meat products, and, opening tariff quotas for the same 7 tariff lines of processed poultry meat products, for Brazil, Thailand and other countries. ENTRY INTO FORCE: 21/12/2012. The Regulation shall apply from the date of entry into force of the Agreements. docs: title: Regulation 2012/1218 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012R1218 title: OJ L 351 20.12.2012, p. 0036 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2012:351:TOC
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PURPOSE: to implement the agreement on imports concluded between the European Union and Brazil and Thailand respectively in order to deal with the problem of potential  substitution effects in the import of poultry.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: negotiations under Article XXVIII of GATT 1994 concluded on poultry in 2007 covered tariff lines on poultry meat under heading 0210 as well as one processed  poultry line, 1602 32 19 in the EC Schedule CXL: cooked preparations containing more than 57% of poultry meat. Limiting the negotiations to the processed poultry line 1602 32 19 was considered to sufficiently prevent potential substitution effects.

Subsequent import data, however, showed a dramatic import surge of processed poultry meat under tariff line 1602 32 30:  preparations containing 25% or more but less than 57% by weight of poultry meat or offal. This indicated that exporters seemed to take advantage of a relative gap in the EU level of protection, substituting poultry preparations containing more than 57% of poultry meat with preparations containing less than 57%, under tariff line 1602 32 30. Comparable substitution effects were to be expected under other 1602 tariff lines in the future.

In order comprehensively to address these substitution effects affecting the EU poultry industry, the Commission requested from the Council the authorisation to renegotiate the concessions on poultry meat under Chapter 16 of the CN. The Commission has negotiated with the Federal Republic of Brazil and with the Kingdom of Thailand, each holding principal supplying interests and/or substantial interests in various of the tariff lines concerned. The negotiations have resulted in Agreements in the form of exchanges of letters initialled with Thailand on 22 November 2011 and with Brazil on 7 December 2011. The agreements were negotiated on the basis of the Combined Nomenclature codes in force at the time. In the newest version of Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common  Customs Tariff as laid down in Commission Regulation (EU) No 1006/2011 published in OJ L 282 of 28 October 2011, the tariff lines 1602 39 40 and 1602 39 80 have been merged into a new tariff line 1602 39 85. It is therefore appropriate to reflect this new situation in the present implementing regulation. The autonomous Customs duty rates for the tariff lines covered by the negotiations are currently set at levels below the new conventional duty rates resulting from the modification of concessions pursuant to Article XXVIII of GATT 1994. However, under Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, the autonomous customs duties apply when they are below the conventional duties.

IMPACT ASSESSMENT: no impact assessment has been undertaken.

LEGAL BASIS: Article 207(2) TFEU.

CONTENT: following the negotiations opened under Article XXVIII of the GATT 1994 in mid-2009 with Brazil and Thailand, this proposal concerns the implementation of the Agreements between the European Union and Brazil and Thailand respectively in order to deal with the problem of l  substitution effects in the import of poultry. The implementation of the Agreements concern :

  • an increase in the out-of-quota rates for 7 tariff lines of processed poultry meat products, and,
  • opening TRQs for the same 7 tariff lines of processed poultry meat products, for Brazil, Thailand and other countries.

This proposal is closely linked to the proposal for a Council decision regarding the conclusion of agreements between the European Union and Brazil and Thailand respectively in order to deal with the problem of substitution effects in the import of poultry.

BUDGETARY IMPLICATIONS: the import volume of the quota is similar to the quantity imported prior to this agreement. There is no effect on the internal market balance that could lead to needs for market instruments. In case of import of the total quota under this draft regulation, it can be estimated that the measure could involve a reduction of own resources of an approximated net amount of EUR 1.4 million, after deduction of 25% of collection costs by Member States.

New

PURPOSE: to implement the agreement on imports concluded between the European Union and Brazil and Thailand respectively in order to deal with the problem of potential  substitution effects in the import of poultry.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: negotiations under Article XXVIII of GATT 1994 concluded on poultry in 2007 covered tariff lines on poultry meat under heading 0210 as well as one processed  poultry line, 1602 32 19 in the EC Schedule CXL: cooked preparations containing more than 57% of poultry meat. Limiting the negotiations to the processed poultry line 1602 32 19 was considered to sufficiently prevent potential substitution effects.

Subsequent import data, however, showed a dramatic import surge of processed poultry meat under tariff line 1602 32 30:  preparations containing 25% or more but less than 57% by weight of poultry meat or offal. This indicated that exporters seemed to take advantage of a relative gap in the EU level of protection, substituting poultry preparations containing more than 57% of poultry meat with preparations containing less than 57%, under tariff line 1602 32 30. Comparable substitution effects were to be expected under other 1602 tariff lines in the future.

In order comprehensively to address these substitution effects affecting the EU poultry industry, the Commission requested from the Council the authorisation to renegotiate the concessions on poultry meat under Chapter 16 of the CN. The Commission has negotiated with the Federal Republic of Brazil and with the Kingdom of Thailand, each holding principal supplying interests and/or substantial interests in various of the tariff lines concerned. The negotiations have resulted in Agreements in the form of exchanges of letters initialled with Thailand on 22 November 2011 and with Brazil on 7 December 2011. The agreements were negotiated on the basis of the Combined Nomenclature codes in force at the time. In the newest version of Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common  Customs Tariff as laid down in Commission Regulation (EU) No 1006/2011 published in OJ L 282 of 28 October 2011, the tariff lines 1602 39 40 and 1602 39 80 have been merged into a new tariff line 1602 39 85. It is therefore appropriate to reflect this new situation in the present implementing regulation. The autonomous Customs duty rates for the tariff lines covered by the negotiations are currently set at levels below the new conventional duty rates resulting from the modification of concessions pursuant to Article XXVIII of GATT 1994. However, under Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, the autonomous customs duties apply when they are below the conventional duties.

IMPACT ASSESSMENT: no impact assessment has been undertaken.

LEGAL BASIS: Article 207(2) TFEU.

CONTENT: following the negotiations opened under Article XXVIII of the GATT 1994 in mid-2009 with Brazil and Thailand, this proposal concerns the implementation of the Agreements between the European Union and Brazil and Thailand respectively in order to deal with the problem of l  substitution effects in the import of poultry. The implementation of the Agreements concern :

  • an increase in the out-of-quota rates for 7 tariff lines of processed poultry meat products, and,
  • opening TRQs for the same 7 tariff lines of processed poultry meat products, for Brazil, Thailand and other countries.

This proposal is closely linked to the proposal for a Council decision regarding the conclusion of agreements between the European Union and Brazil and Thailand respectively in order to deal with the problem of substitution effects in the import of poultry.

BUDGETARY IMPLICATIONS: the import volume of the quota is similar to the quantity imported prior to this agreement. There is no effect on the internal market balance that could lead to needs for market instruments. In case of import of the total quota under this draft regulation, it can be estimated that the measure could involve a reduction of own resources of an approximated net amount of EUR 1.4 million, after deduction of 25% of collection costs by Member States.

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Old

The Committee on International Trade adopted he report by Vital MOREIRA (S&D, PT) on the proposal for a Regulation of the European Parliament and of the Council concerning the implementation of the Agreements concluded by the EU following negotiations in the framework of Article XXVIII of GATT 1994, amending and supplementing Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff.

The parliamentary committee recommends that the Parliament adopts its position at first reading, taking over the Commission’s proposal unamended.

New

The Committee on International Trade adopted he report by Vital MOREIRA (S&D, PT) on the proposal for a Regulation of the European Parliament and of the Council concerning the implementation of the Agreements concluded by the EU following negotiations in the framework of Article XXVIII of GATT 1994, amending and supplementing Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff.

The parliamentary committee recommends that the Parliament adopts its position at first reading, taking over the Commission’s proposal unamended.

activities/4/docs/1/text/0
Old

The European Parliament adopted by 591 votes to 13, with 92 abstentions, a legislative resolution on the proposal for a Regulation of the European Parliament and of the Council concerning the implementation of the Agreements concluded by the EU following negotiations in the framework of Article XXVIII of GATT 1994, amending and supplementing Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff.

Parliament adopted its position at first reading, taking over the Commission’s proposal unamended.

New

The European Parliament adopted by 591 votes to 13, with 92 abstentions, a legislative resolution on the proposal for a Regulation of the European Parliament and of the Council concerning the implementation of the Agreements concluded by the EU following negotiations in the framework of Article XXVIII of GATT 1994, amending and supplementing Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff.

Parliament adopted its position at first reading, taking over the Commission’s proposal unamended.

activities/4/type
Old
Text adopted by Parliament, 1st reading/single reading
New
Results of vote in Parliament
activities/8/docs
  • url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012R1218 title: Regulation 2012/1218
  • url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2012:351:TOC title: OJ L 351 20.12.2012, p. 0036
activities/8/text
  • PURPOSE: to implement the agreement on imports concluded between the European Union and Brazil and Thailand respectively in order to deal with the problem of potential substitution effects in the import of poultry.

    LEGISLATIVE ACT: Regulation (EU) No 1218/2012 of the European Parliament and of the Council.

    CONTENT: this Regulation concerns the implementation of the Agreement in the form of an Exchange of Letters between the EU and Brazil and the EU and Thailand relating to the modification of concessions with respect to processed poultry meat pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 and amending and supplementing Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff.

    In order comprehensively to address substitution effects affecting the EU poultry industry, the Commission requested from the Council the authorisation to renegotiate the concessions on poultry meat with Brazil and Thailand. The negotiations resulted in Agreements in the form of exchanges of letters initialled with Thailand on 22 November 2011 and with Brazil on 7 December 2011.

    Following these negotiations, this Regulation concerns the implementation of the Agreements between the European Union and Brazil and Thailand respectively in order to deal with the problem of substitution effects in the import of poultry. The implementation of the Agreements concern:

    • an increase in the out-of-quota rates for 7 tariff lines of processed poultry meat products, and,
    • opening tariff quotas for the same 7 tariff lines of processed poultry meat products, for Brazil, Thailand and other countries.

    ENTRY INTO FORCE: 21/12/2012. The Regulation shall apply from the date of entry into force of the Agreements.

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Rules of Procedure of the European Parliament EP 150
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6.20.04 Community Customs Code, tariffs, preferential arrangements, rules of origin
New
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  • The European Parliament adopted by 591 votes to 13, with 92 abstentions, a legislative resolution on the proposal for a Regulation of the European Parliament and of the Council concerning the implementation of the Agreements concluded by the EU following negotiations in the framework of Article XXVIII of GATT 1994, amending and supplementing Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff.

    Parliament adopted its position at first reading, taking over the Commission’s proposal unamended.

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  • The Committee on International Trade adopted he report by Vital MOREIRA (S&D, PT) on the proposal for a Regulation of the European Parliament and of the Council concerning the implementation of the Agreements concluded by the EU following negotiations in the framework of Article XXVIII of GATT 1994, amending and supplementing Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff.

    The parliamentary committee recommends that the Parliament adopts its position at first reading, taking over the Commission’s proposal unamended.

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Old

PURPOSE: to implement the agreement on imports concluded between the European Union and Brazil and Thailand respectively in order to deal with the problem of potential  substitution effects in the import of poultry.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: negotiations under Article XXVIII of GATT 1994 concluded on poultry in 2007 covered tariff lines on poultry meat under heading 0210 as well as one processed  poultry line, 1602 32 19 in the EC Schedule CXL: cooked preparations containing more than 57% of poultry meat. Limiting the negotiations to the processed poultry line 1602 32 19 was considered to sufficiently prevent potential substitution effects.

Subsequent import data, however, showed a dramatic import surge of processed poultry meat under tariff line 1602 32 30:  preparations containing 25% or more but less than 57% by weight of poultry meat or offal. This indicated that exporters seemed to take advantage of a relative gap in the EU level of protection, substituting poultry preparations containing more than 57% of poultry meat with preparations containing less than 57%, under tariff line 1602 32 30. Comparable substitution effects were to be expected under other 1602 tariff lines in the future.

In order comprehensively to address these substitution effects affecting the EU poultry industry, the Commission requested from the Council the authorisation to renegotiate the concessions on poultry meat under Chapter 16 of the CN. The Commission has negotiated with the Federal Republic of Brazil and with the Kingdom of Thailand, each holding principal supplying interests and/or substantial interests in various of the tariff lines concerned. The negotiations have resulted in Agreements in the form of exchanges of letters initialled with Thailand on 22 November 2011 and with Brazil on 7 December 2011. The agreements were negotiated on the basis of the Combined Nomenclature codes in force at the time. In the newest version of Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common  Customs Tariff as laid down in Commission Regulation (EU) No 1006/2011 published in OJ L 282 of 28 October 2011, the tariff lines 1602 39 40 and 1602 39 80 have been merged into a new tariff line 1602 39 85. It is therefore appropriate to reflect this new situation in the present implementing regulation. The autonomous Customs duty rates for the tariff lines covered by the negotiations are currently set at levels below the new conventional duty rates resulting from the modification of concessions pursuant to Article XXVIII of GATT 1994. However, under Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, the autonomous customs duties apply when they are below the conventional duties.

IMPACT ASSESSMENT: no impact assessment has been undertaken.

LEGAL BASIS: Article 207(2) TFEU.

CONTENT: following the negotiations opened under Article XXVIII of the GATT 1994 in mid-2009 with Brazil and Thailand, this proposal concerns the implementation of the Agreements between the European Union and Brazil and Thailand respectively in order to deal with the problem of l  substitution effects in the import of poultry. The implementation of the Agreements concern :

  • an increase in the out-of-quota rates for 7 tariff lines of processed poultry meat products, and,
  • opening TRQs for the same 7 tariff lines of processed poultry meat products, for Brazil, Thailand and other countries.

This proposal is closely linked to the proposal for a Council decision regarding the conclusion

of agreements between the European Union and Brazil and Thailand respectively in order to deal with the problem of substitution effects in the import of poultry.

BUDGETARY IMPLICATIONS: the import volume of the quota is similar to the quantity imported prior to this agreement. There is no effect on the internal market balance that could lead to needs for market instruments. In case of import of the total quota under this draft regulation, it can be estimated that the measure could involve a reduction of own resources of an approximated net amount of EUR 1.4 million, after deduction of 25% of collection costs by Member States.

New

PURPOSE: to implement the agreement on imports concluded between the European Union and Brazil and Thailand respectively in order to deal with the problem of potential  substitution effects in the import of poultry.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: negotiations under Article XXVIII of GATT 1994 concluded on poultry in 2007 covered tariff lines on poultry meat under heading 0210 as well as one processed  poultry line, 1602 32 19 in the EC Schedule CXL: cooked preparations containing more than 57% of poultry meat. Limiting the negotiations to the processed poultry line 1602 32 19 was considered to sufficiently prevent potential substitution effects.

Subsequent import data, however, showed a dramatic import surge of processed poultry meat under tariff line 1602 32 30:  preparations containing 25% or more but less than 57% by weight of poultry meat or offal. This indicated that exporters seemed to take advantage of a relative gap in the EU level of protection, substituting poultry preparations containing more than 57% of poultry meat with preparations containing less than 57%, under tariff line 1602 32 30. Comparable substitution effects were to be expected under other 1602 tariff lines in the future.

In order comprehensively to address these substitution effects affecting the EU poultry industry, the Commission requested from the Council the authorisation to renegotiate the concessions on poultry meat under Chapter 16 of the CN. The Commission has negotiated with the Federal Republic of Brazil and with the Kingdom of Thailand, each holding principal supplying interests and/or substantial interests in various of the tariff lines concerned. The negotiations have resulted in Agreements in the form of exchanges of letters initialled with Thailand on 22 November 2011 and with Brazil on 7 December 2011. The agreements were negotiated on the basis of the Combined Nomenclature codes in force at the time. In the newest version of Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common  Customs Tariff as laid down in Commission Regulation (EU) No 1006/2011 published in OJ L 282 of 28 October 2011, the tariff lines 1602 39 40 and 1602 39 80 have been merged into a new tariff line 1602 39 85. It is therefore appropriate to reflect this new situation in the present implementing regulation. The autonomous Customs duty rates for the tariff lines covered by the negotiations are currently set at levels below the new conventional duty rates resulting from the modification of concessions pursuant to Article XXVIII of GATT 1994. However, under Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, the autonomous customs duties apply when they are below the conventional duties.

IMPACT ASSESSMENT: no impact assessment has been undertaken.

LEGAL BASIS: Article 207(2) TFEU.

CONTENT: following the negotiations opened under Article XXVIII of the GATT 1994 in mid-2009 with Brazil and Thailand, this proposal concerns the implementation of the Agreements between the European Union and Brazil and Thailand respectively in order to deal with the problem of l  substitution effects in the import of poultry. The implementation of the Agreements concern :

  • an increase in the out-of-quota rates for 7 tariff lines of processed poultry meat products, and,
  • opening TRQs for the same 7 tariff lines of processed poultry meat products, for Brazil, Thailand and other countries.

This proposal is closely linked to the proposal for a Council decision regarding the conclusion of agreements between the European Union and Brazil and Thailand respectively in order to deal with the problem of substitution effects in the import of poultry.

BUDGETARY IMPLICATIONS: the import volume of the quota is similar to the quantity imported prior to this agreement. There is no effect on the internal market balance that could lead to needs for market instruments. In case of import of the total quota under this draft regulation, it can be estimated that the measure could involve a reduction of own resources of an approximated net amount of EUR 1.4 million, after deduction of 25% of collection costs by Member States.

activities/2/committees/0/shadows
  • group: EPP name: ŠŤASTNÝ Peter
  • group: ECR name: STURDY Robert
committees/0/shadows
  • group: EPP name: ŠŤASTNÝ Peter
  • group: ECR name: STURDY Robert
procedure/summary/1
See also
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Old
Imports of processed poultry meat: autonomous duties
New
Imports of processed poultry meat: autonomous and conventional duty rates
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type
Vote scheduled
procedure/legal_basis
  • Treaty on the Functioning of the EU TFEU 207-p2
activities/2/committees/0/date
2012-04-25T00:00:00
activities/2/committees/0/rapporteur
  • group: S&D name: MOREIRA Vital
committees/0/date
2012-04-25T00:00:00
committees/0/rapporteur
  • group: S&D name: MOREIRA Vital
activities/1/docs/0/text
  • PURPOSE: to implement the agreement on imports concluded between the European Union and Brazil and Thailand respectively in order to deal with the problem of potential  substitution effects in the import of poultry.

    PROPOSED ACT: Regulation of the European Parliament and of the Council.

    BACKGROUND: negotiations under Article XXVIII of GATT 1994 concluded on poultry in 2007 covered tariff lines on poultry meat under heading 0210 as well as one processed  poultry line, 1602 32 19 in the EC Schedule CXL: cooked preparations containing more than 57% of poultry meat. Limiting the negotiations to the processed poultry line 1602 32 19 was considered to sufficiently prevent potential substitution effects.

    Subsequent import data, however, showed a dramatic import surge of processed poultry meat under tariff line 1602 32 30:  preparations containing 25% or more but less than 57% by weight of poultry meat or offal. This indicated that exporters seemed to take advantage of a relative gap in the EU level of protection, substituting poultry preparations containing more than 57% of poultry meat with preparations containing less than 57%, under tariff line 1602 32 30. Comparable substitution effects were to be expected under other 1602 tariff lines in the future.

    In order comprehensively to address these substitution effects affecting the EU poultry industry, the Commission requested from the Council the authorisation to renegotiate the concessions on poultry meat under Chapter 16 of the CN. The Commission has negotiated with the Federal Republic of Brazil and with the Kingdom of Thailand, each holding principal supplying interests and/or substantial interests in various of the tariff lines concerned. The negotiations have resulted in Agreements in the form of exchanges of letters initialled with Thailand on 22 November 2011 and with Brazil on 7 December 2011. The agreements were negotiated on the basis of the Combined Nomenclature codes in force at the time. In the newest version of Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common  Customs Tariff as laid down in Commission Regulation (EU) No 1006/2011 published in OJ L 282 of 28 October 2011, the tariff lines 1602 39 40 and 1602 39 80 have been merged into a new tariff line 1602 39 85. It is therefore appropriate to reflect this new situation in the present implementing regulation. The autonomous Customs duty rates for the tariff lines covered by the negotiations are currently set at levels below the new conventional duty rates resulting from the modification of concessions pursuant to Article XXVIII of GATT 1994. However, under Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, the autonomous customs duties apply when they are below the conventional duties.

    IMPACT ASSESSMENT: no impact assessment has been undertaken.

    LEGAL BASIS: Article 207(2) TFEU.

    CONTENT: following the negotiations opened under Article XXVIII of the GATT 1994 in mid-2009 with Brazil and Thailand, this proposal concerns the implementation of the Agreements between the European Union and Brazil and Thailand respectively in order to deal with the problem of l  substitution effects in the import of poultry. The implementation of the Agreements concern :

    • an increase in the out-of-quota rates for 7 tariff lines of processed poultry meat products, and,
    • opening TRQs for the same 7 tariff lines of processed poultry meat products, for Brazil, Thailand and other countries.

    This proposal is closely linked to the proposal for a Council decision regarding the conclusion

    of agreements between the European Union and Brazil and Thailand respectively in order to deal with the problem of substitution effects in the import of poultry.

    BUDGETARY IMPLICATIONS: the import volume of the quota is similar to the quantity imported prior to this agreement. There is no effect on the internal market balance that could lead to needs for market instruments. In case of import of the total quota under this draft regulation, it can be estimated that the measure could involve a reduction of own resources of an approximated net amount of EUR 1.4 million, after deduction of 25% of collection costs by Member States.

activities/1/docs/0/url
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=115
links/European Commission
url
http://ec.europa.eu/prelex/liste_resultats.cfm?CL=en&ReqId=0&DocType=COD&DocYear=2012&DocNum=0054
title
PreLex
links/European Commission
url
http://ec.europa.eu/prelex/liste_resultats.cfm?CL=en&ReqId=0&DocType=COD&DocYear=2012&DocNum=0054
title
PreLex
activities/1/docs/0/url
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=115
activities/1/docs/0/url
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=115
activities/1/commission/0
DG
Commissioner
CIOLOŞ Dacian
other/0
body
EC
dg
commissioner
CIOLOŞ Dacian
activities/1/docs/0/url
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=115
links/European Commission
url
http://ec.europa.eu/prelex/liste_resultats.cfm?CL=en&ReqId=0&DocType=COD&DocYear=2012&DocNum=0054
title
PreLex
activities/1/docs/0/url
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=115
links/European Commission
url
http://ec.europa.eu/prelex/liste_resultats.cfm?CL=en&ReqId=0&DocType=COD&DocYear=2012&DocNum=0054
title
PreLex
activities/1/docs/0/url
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=115
activities/2
date
2012-03-29T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
body: EP responsible: True committee_full: International Trade committee: INTA
procedure/dossier_of_the_committee
INTA/7/09165
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting Parliament 1st reading / single reading / budget 1st stage
activities/1/docs/0/celexid
CELEX:52012PC0115:EN
activities/1/docs/0/url
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=115
activities/1/docs/0/url
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=115
activities/1/docs/0/url
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=115
links/National parliaments
url
http://www.ipex.eu/IPEXL-WEB/dossier/dossier.do?code=COD&year=2012&number=0054&appLng=EN
title
IPEX
activities/0/type
Old
Date
New
EP officialisation
activities/1
date
2012-03-16T00:00:00
docs
type: Legislative proposal published title: COM(2012)0115
body
EC
commission
type
Legislative proposal
committees/0
body
EP
responsible
True
committee_full
International Trade
committee
INTA
links/European Commission
url
http://ec.europa.eu/prelex/liste_resultats.cfm?CL=en&ReqId=0&DocType=COD&DocYear=2012&DocNum=0054
title
PreLex
procedure/legal_basis
  • Treaty on the Functioning of the EU TFEU 207-p2
activities
  • body: EP date: 2012-03-16T00:00:00 type: Date
committees
    links
    other
      procedure
      reference
      2012/0054(COD)
      subtype
      Legislation
      title
      Imports of processed poultry meat: autonomous duties
      stage_reached
      Preparatory phase in Parliament
      summary
      Amending Regulation (EEC) No 2658/87, Annex I
      instrument
      Regulation
      type
      COD - Ordinary legislative procedure (ex-codecision)
      subject