Select Committee on European Scrutiny Twentieth Report


RETALIATION AGAINST THE RUSSIAN FEDERATION'S IMPORT BAN ON COMMUNITY EGGS

(21253)
8214/00
COM(00) 255
Draft Council Regulation on measures in retaliation to the Russian
Federation's import ban on fresh eggs for human consumption originating
in the European Community.


Legal base: Article 133 EC; qualified majority voting
Document originated: 28 April 2000
Forwarded to the Council: 2 May 2000
Deposited in Parliament: 25 May 2000
Department: Agriculture, Fisheries and Food
Basis of consideration: EM of 5 June 2000
Previous Committee Report: None
To be discussed in Council: No date known
Committee's assessment: Politically important
Committee's decision: Cleared, but further information requested

    Background

17.1  According to the Commission, the terms of the Co-operation Agreement with the Russian Federation permit goods originating in the Community to be imported into Russia free of quantitative restrictions. However, since May 1996, the import into Russia of fresh eggs for human consumption has been prohibited. This ban allegedly applied to all third countries, and was based on human health protection. However, it has since become clear that imports into Russia of fresh eggs originating in the United States were not affected by the ban, and indeed have increased substantially since its introduction. The Commission says that consultations with the Russian authorities, as provided for under the Agreement, have since been held on a number of occasions, but without any adequate response having been given. Consequently, in the absence of any evidence of human health problems, the ban constitutes a disguised restriction on trade between the Parties to the Agreement, which has resulted in substantial losses to Community operators in the egg sector.

    The current proposal

17.2  Against this background, the Commission is now proposing that the Community should take retaliatory action by introducing 7% import tariffs on sunflower seeds and rape seeds originating in the Russian Federation, which currently enter free of duty. It further proposes that the measure should be applied until the Russian import ban has been abolished, or until the Commission has received scientific evidence that it is justified on health grounds.

17.3  In arriving at the rate of tariff proposed, the Commission calculates that the trade value of the Russian ban on eggs over the period 1996-2000 amounts to some 12.9 million euro (£7.8 million). When set against average annual Community imports of sunflower and rapeseeds from Russia of some 170 million euro (£100 million) in the period 1996-98, the application of a 7% rate would yield duty of around 12.95 million euro. However, the Commission also suggests in its financial statement that the introduction of such an import tariff on sunflower and rapeseeds will totally discourage their importation into the Community. On that basis, the actual detriment to the Russian Federation would presumably be well in excess of 12.9 million euro.

    The Government's view

17.4  In her Explanatory Memorandum of 5 June 2000, the Minister of State at the Ministry of Agriculture, Fisheries and Food (the Rt. Hon. Joyce Quin) says that the UK interest is limited to the economic effect which the Russian ban has on the oversupplied Community egg market, where surpluses in the rest of the Community have seriously undermined prices on the UK domestic market. However, she adds that the UK has never exported fresh eggs to the Russian Federation, and little of the sunflower and rapeseeds imported from that source reaches the UK.

    Conclusion

17.5  Whilst a trade dispute between the Community and a major power is potentially a matter of some concern, we accept that the Russian Federation appears to be in breach of its obligations under the Co-operation Agreement, and that it is appropriate for the Community to take retaliatory action. We also understand the theoretical basis of the tariff rates proposed by the Commission for sunflower and rapeseeds. In view of this, and of the likelihood that the Council will want to act swiftly, we are clearing the proposal.

17.6  On the other hand, we have at the same time noted that the Commission considers that the practical effect of imposing the level of tariffs proposed will be to discourage any importation of these products, in which case the detriment to the Russian Federation is likely to be considerably greater than that suffered by the Community. Since the Minister has not addressed this point in her Explanatory Memorandum, we would welcome her comments on it, and also on the possibility that retaliatory action on this scale might lead to an escalation of this dispute.


 
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