European Parliament : Amendments 001-016 - Apportionment of tariff rate quotas included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union and amending Council Regulation (EC) No 32/2000 - A8-0361/2018(001-016) - Committee on International Trade

8.1.2019

AMENDMENTS 001-016 by the Committee on International Trade

Report

Godelieve Quisthoudt-Rowohl

A8-0361/ 001-016

A8-0361/2018

Apportionment of tariff rate quotas included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union

Proposal for a regulation (COM(2018)0312 - C8-0202/2018- 2018/0158(COD))

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Amendment 1

Proposal for a regulation Recital 2

Text proposed by the Commission

Amendment

(2) The United Kingdom's withdrawal from the Union will have effects on the relations of the United Kingdom and the Union with third parties, in particular in the context of the World Trade Organization (WTO) of which both are original members.

Amendment 2

Proposal for a regulation

(2) The United Kingdom's withdrawal from the Union will have effects on the relations of the United Kingdom and the Union with third parties, in particular in the context of the World Trade Organization (WTO) of which both are original members. As that process will be ongoing at the same time as the negotiations on the multiannual financial framework (MFF), and taking into account the share dedicated to the agricultural sector in the MFF, that sector could be exposed to a great extent, and as such a certain degree of caution will be required during those negotiations.

Recital 4

Text proposé par la Commission

Amendement

(4) In line with the WTO rules, such apportionment of tariff rate quotas that are part of the Union's schedule of concessions and commitments will have to occur according to Article XXVIII of the General Agreement on Tariffs and Trade 1994 ('GATT 1994'). The Union will, therefore, following completion of preliminary contacts, engage in negotiations with WTO Members having a principal or substantial supplying interest or holding an initial negotiating right in relation to each of these tariff rate quotas.

Amendment 3

Proposal for a regulation Recital 6

Text proposed by the Commission

(4) In line with the WTO rules, such as apportionment of tariff rate quotas that are part of the Union's schedule of concessions and commitments will have to occur according to Article XXVIII of the General Agreement on Tariffs and trade 1994 ('GATT 1994'). The Union will, therefore, following completion of preliminary contacts, engage in negotiations with WTO Members having a principal or substantial supplying interest of holding an initial negotiating right in relation to each of these tariff rate quotas. Those negotiations should remain limited in scope and should in no way extend to a renegotiation of the general terms or degree of access of products to the Union market.

Amendment

(6) The following methodology should therefore be used: in a first step the United Kingdom's usage share for each individual tariff rate quota should be established. The usage share, expressed as a percentage, is the United Kingdom's share of total Union imports under the tariff rate quota over a recent representative three year period. This usage share should then be applied to the entire scheduled tariff rate quota volume to arrive at the United Kingdom's share of a given tariff rate quota. The Union's share would then consist of the remainder of the tariff rate quota in question. This means the total volume of a given tariff rate quota is not changed (that is to sayEU-27 volume = current EU-28 volume - United Kingdom volume). The

(6) The following methodology should therefore be used: in a first step the United Kingdom's usage share for each individual tariff rate quota should be established. The usage share, expressed as a percentage, is the United Kingdom's share of total Union imports under the tariff rate quota over a recent representative three year period. This usage share should then be applied to the entire scheduled tariff rate quota volume, taking into account any under fill, to arrive at the United Kingdom's share of a given tariff rate quota. The Union's share would then consist of the remainder of the tariff rate quota in question. This means the total volume of a given tariff rate quota is not changed (that is to sayEU-27 volume = current EU-28

underlying data should be extracted from the relevant Commission databases.

Amendment 4

Proposal for a regulation Recital 6 a (new)

Text proposed by the Commission

Amendment 5

Proposal for a regulation Recital 8

Text proposed by the Commission

volume - United Kingdom volume). The underlying data should be extracted from the relevant Commission databases.

Amendment

(6 a) The methodology for the usage share for each individual tariff rate quota has been established and agreed by the Union and the United Kingdom, in line with the requirements of Article XXVIII of the GATT 1994, and therefore, that methodology should be wholly maintained to ensure its consistent application.

Amendment

(8) For the agricultural TRQs concerned, Articles 184-188 of Regulation (EU) No 1308/20131provides the necessary legal basis for administration of the TRQs once apportioned by the present Regulation. For the TRQs covering fisheries, industrial and certain processed agricultural products, administration is carried out pursuant to Regulation (EC) No 32/20002. The TRQ quantities concerned are set out in Annex I to that Regulation, which should therefore be replaced by the quantities set out in Part B of the Annex to the present Regulation.

(8) For the agricultural TRQs concerned, Articles 184-188 of Regulation (EU) No 1308/20131 provide the necessary legal basis for administration of the TRQs once apportioned by the present Regulation.

That administration must therefore be carried out in accordance with the Union agricultural model, based on the multi-functionality of agricultural activity, with emphasis also on the explicit recognition of non-commercial considerations and catering for the needs of the public in the field of food safety, environmental protection, food quality and animal welfare. For the TRQs covering fisheries, industrial and certain processed agricultural products, administration is carried out pursuant to Regulation (EC) No 32/20002 . The TRQ quantities concerned are set out in Annex I to that Regulation, which should therefore be replaced by the

quantities set out in Part B of the Annex to the present Regulation.

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1 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671)

2 Council Regulation (EC) No 32/2000 of 17 December 1999 opening and providing for the administration of Community tariff quotas bound in GATT and certain other Community tariff quotas and establishing detailed rules for adjusting the quotas, and repealing Council Regulation (EC) No 1808/95 (OJ L 5, 8.1.2000, p. 1).

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1 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).

2 Council Regulation (EC) No 32/2000 of 17 December 1999 opening and providing for the administration of Community tariff quotas bound in GATT and certain other Community tariff quotas and establishing detailed rules for adjusting the quotas, and repealing Council Regulation (EC) No 1808/95 (OJ L 5, 8.1.2000, p. 1).

Justification

Amendment referencing the founding principles of the Agreement on Agriculture in GATT, so that these are also applied to the design and implementation of this apportionment of tariff quotas.

Amendment 6

Proposal for a regulation Recital 9

Text proposed by the Commission

Amendment

(9) Taking into account that negotiations with affected WTO Members will be taking place simultaneously with the ordinary legislative procedure for the adoption of this Regulation the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend the Annex to this Regulation and Annex I to Regulation (EC) No 32/2000 with respect to the quantities of the apportioned tariff rate quotas listed therein, in order to take account of any agreements concluded or of pertinent

(9) Taking into account that negotiations with affected WTO Members will be taking place simultaneously with the ordinary legislative procedure for the adoption of this Regulation the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend the Annex to this Regulation and Annex I to Regulation (EC) No 32/2000 with respect to the quantities of the apportioned tariff rate quotas listed therein. Those annexes should only be amended in order to take account of any

information that it may receive in the context of these negotiations which would indicate that specific factors that were not previously known require an adjustment to the apportionment of the tariff quotas between the Union and the United Kingdom. The same possibility should also be provided where such information becomes available outside such negotiations.

Amendment 7

Proposal for a regulation Recital 9 a (new)

Text proposed by the Commission

Amendment 8

Proposal for a regulation Article 1 a (new)

Text proposed by the Commission

international agreements concluded or of pertinent information that it may receive, either in the context of these negotiations or outside them, which would indicate that specific factors that were not previously known require an adjustment to the apportionment of the tariff quotas between the Union and the United Kingdom.

Amendment

(9 a) Council Regulation (EC) No 32/2000 confers powers on the Commission in order to implement some of the provisions of that Regulation. Following the entry into force of the Lisbon Treaty, it is appropriate to align those powers to Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU). Such alignment should be done, where appropriate, through the granting of delegated powers to the Commission and by applying certain procedures set out in Regulation (EU) No 182/2011 of the European Parliament and of the Council. To that end, implementing powers conferred on the Commission by that Regulation should be replaced by powers to adopt delegated and implementing acts.

Amendment

Article 1 a