WRITTEN QUESTION E-3727/97 by Daniel Varela Suanzes-Carpegna (PPE) to the Commission (21 November 1997)

Subject: GSP and the countries of the Andean Pact and Central American Common Market

Following the adoption and implementation of Regulation (EC) No 1256/96 ((OJ L 160, 29.6.1996, p. 1. )) of 20 June 1996 applying multiannual schemes of generalized tariff preferences from 1 July 1996 to 30 June 1999 in respect of certain agricultural products originating in developing countries, customs duties have been suspended in their entirety for the countries of the Andean Pact and the Central American Common Market in respect of all products under codes 1604 and 1605, with the exception of canned tuna under codes 1604 14 14, 1604 14 18, 1604 14 90, 1604 19 39 and 1604 2070, since the suspension of duty-free imports may be requested 'when the quantities put into free circulation with preferential benefit, originating in that country, exceed the average annual quantity of its exports to the Community of the products concerned over the last three years'.

This provision is highly ambiguous. It seems logical to assume that the figue would be a changable one, since it would always be the average for the three previous years. In 1997, this would be the years 1994, 1995 and 1996, in 1998 the years from 1995 to 1997 and in 1999 the years from 1996 to 1998, with the result that the reference figure would be lower on each occasion. It is not clear whether this is what is meant or whether the figure should be a fixed quantity.

What period should be taken into account for calculating the average?

Under this calculation, what is the current figure for imports into the Community which should not be exceeded by each of the eleven countries concerned?

A detailed explanation should also be given of which mechanism would be used to reintroduce the tariff duties for the products covered by these codes. Is it the mechanism outlined in Article 14, which lasts approximately two months, or is it an automatic mechanism which reintroduces the tariff duties once it has been found that the average for the three previous years has been exceeded?

Answer given by Mr Marín on behalf of the Commission (6 January 1998)

The Honourable Member has correctly interpreted the rules for examining the conditions for applying the safeguard clause provided for in Article 14 of Regulation (EC) No 1256/96 applying multiannual schemes of generalised tariff preferences in respect of certain agricultural and fisheries products ((OJ L 160, 29 June 1996. )) in the case of canned tuna listed under Annex VI of the Regulation originating in the least developed countries and in countries of the Andean community and Central America.

This examination may be carried out where, in any given year, exports from one of the countries in question exceed the average of its exports over the three previous years. In applying the safeguard clause for 1997, the years taken into account are 1994, 1995 and 1996; ((The averages in tonnes are: Panama 25.30, Venezuela 30.37, Peru 64.63, Costa Rica903.10, Ecuador4347.40, Colombia7210.90. No imports were recorded for the other countries (Bolivia, Guatemala, Honduras, Nicaragua, El Salvador). )) in the case of 1998 the relevant years would be 1995, 1996 and 1997. As a consequence, the quantities are different for each country and the average varies upwards or downwards each year depending on past exports. This amount, given as a guide, does not constitute a quantitative limitation akin to quotas or ceilings under the Community's former generalised scheme of preferences.