Select Committee on European Scrutiny Thirteenth Report


3 IMPORT ARRANGEMENTS FOR RICE

(27058) 
14984/05
COM(05) 601
Draft Council Decision on the conclusion of an Agreement in the form of an exchange of letters between the European Community and the Thailand pursuant to Article XXVIII of GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to GATT 1994


Legal baseArticles 133 and 300(2)EC; QMV
Document originated25 November 2005
Deposited in Parliament 1 December 2005
DepartmentEnvironment, Food and Rural Affairs
Basis of consideration EM of 11 December 2005
Previous Committee Report None, but see footnotes
To be discussed in Council 20 December 2005
Committee's assessmentPolitically important
Committee's decisionNot cleared; further information awaited

Background

3.1 Following the GATT Uruguay Round negotiations, the system under the Community's rice regime whereby import levies varied according to the difference between the Community threshold price and world prices was replaced by a series of fixed tariffs, operating alongside a ceiling on the price of imported rice linked to the intervention price.

3.2 In 2000, the Commission put forward proposals for reforming the rice regime, which would have involved the abolition of the intervention price system, and would thus have had major implications for the import arrangements. In the event, these proposals were overtaken by the more general mid-term review of the Agenda 2000 reforms, which eventually resulted in the retention of an intervention price, albeit with the level of support reduced by 50% as from 1 September 2004. However, although this turned out to be a much less radical change than envisaged, it nevertheless still had an impact on imports, because of the corresponding reduction in the ceiling prices. The Commission therefore notified the WTO in June 2003 that the Community intended to modify the tariff arrangements in this area, in order to safeguard the position of its own producers, and it put forward on 7 July 2004 two documents,[9] which reflected the agreement it had reached with India and Pakistan on the application of fixed tariffs for husked and milled rice. These were to apply from 1 September 2004 until 30 June 2005 (in the expectation that in the meantime an amendment would be tabled to the basic instrument setting up the Community rice regime (Regulation (EC) No. 1783/2003)).

3.3 The Commission was not at that stage able to negotiate an acceptable agreement with two other important suppliers (the United States and Thailand), and, in their Report of 21 July 2004, our predecessors noted that the United States had said that the proposed tariff on husked rice would make its produce completely uncompetitive on the European market. They also noted on 13 October 2004 that, when the proposal was approved by the Council, the UK had voted against it because of the lack of agreement with Thailand and the United States, and had urged the Commission to continue negotiations with a view to finding a mutually acceptable outcome.

3.4 However, as we ourselves noted in our Report of 4 July 2005, an agreement was subsequently reached with the United States[10] (but not with Thailand), which would maintain a duty of €65 per tonne for husked rice, but which would enable this to be reduced to €30 per tonne, according to the volume imported. It was also proposed that this agreement would be implemented on a provisional basis with (retrospective) effect from 1 March 2005 until 30 June 2006 at the latest, in the expectation that the Commission would table a proposal to amend the Community's rice regime so as to give permanent effect to these arrangements.

The current proposal

3.5 The Commission finally reached agreement with Thailand in July 2005, and this document invites the Council to approve its terms, which would:

  • maintain the bound rate for semi-milled and milled rice at €175 per tonne, but provide a mechanism for the duty to fall to €145 per tonne, depending on the actual level of imports;
  • provide for a new zero rate annual tariff rate quota of 13,500 tonnes of semi-milled and milled rice, of which 4,313 tonnes would be allocated to Thailand;
  • apply an import duty of €65 per tonne for broken rice (although the bound rate would remain at €128 per tonne); and
  • increase the current tariff rate quota for broken rice to 100,000 tonnes at a reduced duty rate of €45 per tonne.

As in the case of the Agreement with the United States, it is proposed that these arrangements should be implemented on a provisional basis (in this instance, with retrospective effect from 1 September 2005), and that the Commission will in due course table its proposal for amending the Community's rice regime in order to give permanent effect to the new import arrangements agreed with the four principal supplying countries.

The Government's view

3.6 In his Explanatory Memorandum of 11 December 2005, the Parliamentary Under-Secretary of State (Sustainable Farming and Food) at the Department for Environment, Food and Rural Affairs (Lord Bach) says that the key issue here is the consistency between this agreement and those reached earlier with India, Pakistan and the United States, and that the Community rice industry — including milling interests in the UK — has expressed concerns about this, which the UK, as Presidency, will seek to address as discussion is taken forward. He also says that the UK industry has expressed concerns about the future of rice milling, given the effect of these agreements on the margin available to the millers (see below).

3.7 This last point is also addressed at greater length in the partial Regulatory Impact Assessment which the Minister has provided. This points out that, since the UK imports husked (brown) rice and mills it into white rice, the import system — and in particular the difference in the applied duty between husked and milled rice — is fundamental to the viability of the millers. Prior to the CAP reforms, the minimum margin was €152 per tonne, but, under the position which obtained immediately after those reforms, the profits of the rice milling sector in the Community as a whole were projected both to be more uncertain and to fall. However, the Agreement with India and Pakistan re-established a fixed differential (of about €110 per tonne), whilst the average duty differential following the Agreement with the United States was expected to be around €132.50 per tonne. According to the Assessment, a similar figure is expected as a result of this Agreement with Thailand, though the projections do not take account of the further reduction in the milling margin which would result from the proposed decrease in the duty on broken rice.

Conclusion

3.8 We recognise that this document relates to the fourth, and last, of a series of negotiations which the Community has undertaken with its principal rice suppliers, and that, were it not to be approved by the Council, it would be necessary for the Community to re-open negotiations with Thailand — a prospect which is clearly unwelcome. However, we also note the concerns which the Community rice industry has raised over the consistency between this Agreement and those reached earlier, and in particular the concerns which have been expressed over the viability of the rice millers in the UK. Consequently, although we are drawing this document to the attention of the House, we do not feel able to clear it, until the Minister has been able to clarify the position, particularly as regards the UK Presidency's attempts to address these concerns in the negotiations in Brussels.





9   (25817) 11294/04 and (25818) 11295/04; see HC 42-xxix (2003-04), para 1 (21 July 2004) and HC 42-xxxii (2003-04), para 20 (13 October 2004). Back

10   (26585) 9198/05; see HC 34-i (2005-06), para 32 (4 July 2005). Back


 
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