Geum.ru

WT/acc/rus/70 wt/min(11)/2

Вид материалаДокументы
Подобный материал:
1   ...   8   9   10   11   12   13   14   15   ...   75

- Tariff Quotas
  1. Some Members expressed concerns regarding the decision of the Russian Federation, in 2002, to have recourse to tariff rate quotas (TRQs), particularly on products that were previously subject to tariffs only. These Members considered that the introduction of TRQs had been a step backward from the trade liberalization that should be expected by acceding to the WTO and that, in their view, a tariff only regime would be preferable as it would allow for the market to select suppliers that provided the best combination of price, quality, and stable offer of goods. They requested a description of the current and prospective legal authority for introducing TRQs and determining the rules for allocating quota shares among importers as well as any related licensing procedures in the Russian Federation and in the CU. Members noted that any method of allocating quotas or licenses must be consistent with WTO provisions, notably Articles I, II, VIII, X, XI, and XIII of the GATT 1994, the Agreement on Import Licensing Procedures and Article 4 of the Agreement on Agriculture. Several Members also stressed that the Russian Federation had to ensure that any TRQs would preserve existing levels of trade, provide annual growth and would be limited in time. In any case, full details of tariff quota administration measures should be provided in order to assess their conformity with WTO provisions.
  2. The representative of the Russian Federation stated that, pursuant to the provisions of Article 8 of the Agreement on Common System of Customs Regulation of 25 January 2008, the CU Commission was the competent authority to introduce TRQs and to determine the rules for allocation of in-quota volumes. The Agreement on Conditions and Mechanism of Implementation of Tariff Rate Quotas (hereafter: TRQ Agreement) was signed by the CU Parties on 12 December 2008, and entered into force on 1 January 2010.
  3. Article 2 of the TRQ Agreement set-out the legal basis for establishing TRQs within the CU. Both the allocation of quotas among the CU Parties and the method of quota allocation among importers within the CU were subject to approval by the CU Commission. The TRQ Agreement specifically provided that the method of allocation of shares in the quota among importers must be non-discriminatory. Article 5 of the TRQ Agreement set-out the general non-discrimination principle in allocation of TRQs amongst importers based on their form of ownership, place of registration or position in the market. In the Russian Federation, TRQ allocations could be distributed amongst foreign-owned as well as Russian-owned firms established as Russian legal entities, as well as natural persons registered as individual entrepreneurs. If the CU Commission decided to establish a TRQ, the Decision would stipulate the period of its implementation. In cases when country-specific TRQs (CSTRQs) were allocated, the Commission would inform all interested countries about the volume of their respective CSTRQs. The CU Commission published information on the global volume of the TRQ and the period of its implementation, in- and out-of-quota rates, and its allocation among exporting countries. The allocation of CSTRQs was based on results of consultations with major suppliers, i.e., those supplying at least 10 per cent of imports, or on trade statistics for a previous representative period, which was normally three years. The Law of the Russian Federation No. 5003 1 of 21 May 1993 "On Customs Tariff" (as last amended on 8 December 2010), which established the general legal framework for the establishment and administration of TRQs at the national level, was in force, but the relevant provisions of the CU agreements prevailed in case of contradiction (according to Article 38 of that Law).
  4. The representative of the Russian Federation further explained that each year the CU Commission established the list of goods subject to TRQs, the volume of TRQs, and whether CU Bodies or national bodies acting under national law would be responsible for the administration of TRQs. The respective list of such goods for the year 2011 and TRQ volumes were established by CU Commission Decision No. 505 of 18 November 2010. These TRQs covered pork, poultry and bovine meat (see Table 39). By that Decision, the CU Commission also determined that, in the year 2011, the TRQs in the CU Parties would be administered by the Governments of the CU Parties in accordance with national legislation. In the Russian Federation the rules on administration of TRQs for the year 2011 were set-out in Government Resolution No. 1111 of 24 December 2010, implementing CU Commission Decision No. 505 in the Russian Federation.
  5. The representative of the Russian Federation further informed Members that customs clearance of goods subject to TRQs was carried out on the basis of a licence issued by the competent authority in the relevant CU Party. The licence would be issued on the basis of an application submitted by an importer who had been allocated a share of the in-quota volume.
  6. In response to a question from a Member, the representative of the Russian Federation explained that necessity to establish TRQs on imports of beef, pork and poultry was caused by the need to create favourable conditions for the development of respective domestic industries which substantially suffered from increased imports. He noted that a two-level (in-quota and out-of quota) tariff had been applied to imports of beef (HS 0201 and HS 0202) and pork (HS 0203) since April 2003. From 1 January 2006, the safeguard quota on poultry was converted into a TRQ. TRQs provided an opportunity to import a certain quantity of frozen, fresh and chilled beef, pork and poultry per year at a lower duty. In response to a question from a Member, the representative of the Russian Federation noted that, currently there was no intention of the CU Parties to establish CU-wide TRQs in place of current national TRQs.
  7. Concerning the TRQ for sugar, he noted that this TRQ had been applied in the Russian Federation from 2001 to 2003 to imports of raw sugar originating from GSP beneficiaries. He added that the TRQ on raw sugar had been eliminated pursuant to Government Resolution No. 720 of 29 November 2003. Currently, raw sugar imports were subject to import tariffs only.
  8. A Member of the Working Party said that it considered the elimination of the preferential tariff rate quota on raw cane sugar mentioned in paragraph on 31 December 2003 to be a positive step given that this measure had represented an increase in the level of import restriction on previous levels. This Member, however, considered that a backward step had been taken on 1 January 2004 by the replacement of the tariff quota not with a single rate of import duty but a world-price contingent import tariff, which was a measure of a kind required to be eliminated in the Uruguay Round and prohibited under Article 4.2 of the WTO Agreement on Agriculture.
  9. In response, the representative of the Russian Federation stated that this kind of duty did not differ from ordinary customs duties, and, thus was subject to bilateral tariff negotiations. He added that such types of rates were widely used by WTO Members. He referred Members to paragraph  of the Section "Ordinary Customs Duties" of this Report for further details.
  10. Regarding the TRQs on beef, pork and poultry, the representative of the Russian Federation informed Members that the quantities allowed for importation under the TRQ regime in 2011, as established by the CU Commission Decision No. 505, were reproduced in Table 40. Imports in excess of these amounts were subject to a higher duty. The distribution of quotas within TRQs on beef, pork and poultry was based on the historical shares of main suppliers of the Russian Federation. He noted that high-quality beef had been excluded from the TRQ regime pursuant to Government Resolutions.
  11. Pursuant to Government Resolution No. 1111 of 24 December 2010, the Ministry of Economic Development of the Russian Federation was the body responsible for the distribution of in quota volumes within the TRQs. The Ministry of Industry and Trade (the MIT) of the Russian Federation was the body responsible for issuing non-automatic licenses for imports under TRQs.
  12. Regarding the previously existing practice of distributing the TRQs by auctioning, some Members requested a clarification of whether the Russian Federation or the CU intended to use auctioning of TRQs in the future. If so, these Members requested a confirmation that there would be no legal requirements to participate in TRQ auctions that could favour local production, such as requirements to enter into contracts to purchase domestic products or requirements to provide domestic producers with inputs. Several Members stated that, to the extent that any auction charges associated with the allocation of TRQs exceeded the tariff bindings of the Russian Federation, they would be inconsistent with the obligations of the Russian Federation under Article II of the GATT 1994. In addition, auctioning fees were inconsistent with Article 4.2 of the Agreement on Agriculture, as they increased the effective price of importation to the equivalent price of imports at the out-of-quota rate and could, therefore, be considered a "similar border measure", as referred to in Article 4.2 of the Agreement. The existence of minimum auction prices would also violate Article 4.2 of the Agreement on Agriculture as they would serve as a minimum import price by placing a floor under the auction price. They also noted that allocation of quotas without regard to Articles XI and XIII of the GATT 1994 would violate WTO provisions. These Members sought a commitment from the Russian Federation that any fees, charges or revenues collected from auctioning TRQ volumes would not exceed the bound rate of duty established for the product concerned. Some Members also maintained that the auctioning method for distributing TRQs>
  13. In response, the representative of the Russian Federation noted, that since 2006, the auctioning method of distributing part of the TRQs volumes had not been used and that the entirety of the volume of products subject to TRQs was distributed between importers in accordance with their historical shares in imports. A new entrant had to import the meat under the out-of-quota duty rate to be included later in the list of historical importers.
  14. The representative of the Russian Federation confirmed that TRQs applied in the Russian Federation, whether by the competent CU Body or authorities of the Russian Federation, would not be allocated through auctioning. The Working Party took note of this commitment.
  15. Some Members expressed concern that implementation by the Russian Federation of the different price or quality-based definitions for High Quality Beef (HQB) set-out in Russia's Schedule of Concessions and Commitments on Goods could lead to discrimination between like products. Those Members stressed that the Russian Federation should ensure that application of the HQB definitions set-out in the relevant section of the Schedule of Concessions and Commitments of the Russian Federation on Goods did not discriminate against like products imported from any Member. In response, the representative of the Russian Federation confirmed that it did not intend to apply the definitions of HQB to discriminate against imports of like products. Furthermore, the Russian Federation confirmed that its customs service would be in a position to verify the quality and value of products claiming to be classified as HQB in accordance with the definitions included in the relevant section of the Schedule of Concessions and Commitments of the Russian Federation on Goods and would ensure that like products imported from any Member were accorded treatment no less favourable than that accorded to like products imported from any other Member, as provided in the GATT 1994. The Working Party took note of this commitment.
  16. The representative of the Russian Federation informed Members that the Russian Federation will develop a national definition of High Quality Beef within 18 months of the date of accession of the Russian Federation to the WTO. In response to requests for assurances from some Members, the representative of the Russian Federation confirmed that the Russian Federation would give positive consideration to recognizing High Quality Beef of other Members as falling under such national definition, provided it met the criteria of the national definition, and, thus, would accord to such High Quality Beef of other Members treatment no less favourable than that accorded to like products originating in any other Member. The Working Party took note of these commitments.
  17. Noting that the Law of the Russian Federation No. 5003-1 of 21 May 1993 "On Customs Tariff" prohibited access under TRQs from being granted to products originating from MFN suppliers, some Members requested confirmation of whether the Russian Federation also intended to provide legal authorisation for using TRQs to regulate general imports or if this would be limited to GSP imports. These Members required a more precise understanding of the methods of allocation and other aspects of the system that the Russian Federation intended to adopt in this field. In addition, some Members also requested that the Russian Federation enact amendments to the Tax Code to ensure MFN access to the system of TRQs.
  18. In response, the representative of the Russian Federation informed Members that provisions of Article 36.1 of the Law of the Russian Federation No. 5003-1 of 21 May 1993, and Article 2 of the CU Agreement of 12 December 2008, neither prohibited access under TRQs being granted to products originating from MFN suppliers, nor limited use of TRQs to GSP imports.
  19. Recalling discussions in the Section "Import Licensing" of this Report, Members of the Working Party requested the Russian Federation to provide additional information on current import licensing requirements for imports of poultry, beef, and pork.
  20. In response, the representative of the Russian Federation stated that, in accordance with Government Resolution No. 1111, an entity that had imported products covered under the TRQ during the previous year had the right to receive an in-quota allocation under the TRQ for the next year, based on the percentage of imports of such entity in the previous year. Upon receipt of an application from an entity with a TRQ allocation, the MIT would issue a licence for importation of beef, pork and poultry within the allocated volumes. The licenses for importation of such products in 2011 were issued from 27 December 2010 until 31 December 2011, and were valid from 1 January until 31 December. An application for an import licence would be processed within five days. He confirmed that import licenses were not transferable, but noted that unused import licenses would be reallocated. Importers that had received a share of the quota based on historical trade shares could apply for a licence by 1 August for TRQs on beef, pork and poultry. Applications submitted after that date would not be accepted. Importers would receive a licence after submission of an application for the licence, a copy of a certificate confirming that the applicant was registered by a regional tax authority as a tax-payer and a copy of an import contract. Import licenses would be issued for particular volume of products. A fee of RUB 2,600 was charged for each licence. This fee>
  21. Some Members expressed concern that the TRQ regime that the Russian Federation applied under the CU, did not appear to allocate any in-quota volume to new entrants. It appeared that an importer newly entering the market had to import at the over-quota rate which acted to limit the quantity of imports. Thus, in subsequent years, this importer would qualify only for a small in-quota allocation, since allocations were based on imports over the previous year. In their view, this did not provide sufficient flexibility in the market.
  22. The representative of the Russian Federation replied that, in 2003, when the TRQ had been introduced, distribution of quotas had been based on the historical shares of main suppliers of the Russian Federation for the respective products in the years 1999 to 2001, which were the years immediately preceding the year when the decision to introduce the TRQs for beef and pork and special safeguard quotas for poultry had been taken (2002), and for which information was available. He confirmed that the supplying Members were invited to consult with his Government about country-specific allocation of quotas. Some of these consultations had been successfully concluded and their results had been implemented. The representative of the Russian Federation noted also that the Russian Federation took note of the concerns of the Working Party Members and amended the TRQ administration mechanism in a timely manner. In his view, now it worked effectively and allowed for the full utilization of quotas and TRQs (see Table 40).
  23. Members also noted that the Veterinary Service of the Ministry of Agriculture required that importers obtain an import permit, in addition to veterinary and sanitary certification requirements (and now the import licence), to be able to import beef, pork, and poultry into the Russian Federation. Those Members considered that those import permits were also subject to the disciplines of the WTO Agreement on Import Licensing Procedures. Members noted that, in January 2003, the Veterinary Service abruptly cancelled existing import permits for beef, pork, and poultry and established a new system for issuing import permits. Members noted that no information had been published or provided to Working Party participants on the new requirements for obtaining import permits.
  24. In response, the representative of the Russian Federation stated that veterinary permits were granted to all importers who had at their disposal technical possibilities necessary to guarantee the safety of products in conformity with veterinary standards. The same procedure (veterinary permits) was maintained for Russian operators in case of inter-regional trade. He added that this procedure was applied not only to goods under TRQs, but also to other goods subject to veterinary control, and that it was described in the Section "Sanitary and Phytosanitary Measures" of this Report.
  25. Noting that the TRQ system of the Russian Federation appeared to violate several provisions of the GATT 1994, including Articles I, XI and XIII, some Members sought a commitment from the Russian Federation that it would terminate the TRQs on meat products and replace them by a single tariff applied on an MFN basis for all Members.
  26. The representative of the Russian Federation informed Members that the parameters and mechanism of allocation of TRQs were the subject of bilateral market access negotiations and their results would be duly reflected in the Schedule of Concessions and Commitments on Goods of the Russian Federation. In response to a question from a Member, the representative of the Russian Federation explained that the TRQ mechanism set-out in Section I-B of Part I of the Schedule of Concessions and Commitments on Goods of the Russian Federation contained the following parameters for TRQs on beef, pork and poultry: in-quota tariff rates, out-of-quota tariff-rates, quantities eligible for the in-quota tariff rates and country-specific allocations of those eligible quantities. The representative of the Russian Federation confirmed that, in implementing TRQs, the Russian Federation would apply WTO-consistent procedures that provide for allocations to new importers. These procedures would operate in a predictable, transparent and timely manner.
  27. The representative of the Russian Federation confirmed that:

1. If on 1 September of each quota year 30 per cent or more of a country-specific allocation of a tariff rate quota for meat had not been either contracted or imported, any unused quantity would be re allocated on 15 September of the same quota year provided that:

(i) the Russian Federation had consulted with the Member holding a country-specific TRQ for meat and they had agreed whether the conditions of paragraph 1 had been established, prior to any such re-allocation; such mandatory consultations were to be held between 1-10 September of the quota year in question. In the course of the consultations requested by the Russian Federation, the Member holding a country specific TRQ allocation could only object to re-allocation if it could demonstrate that at least 70 per cent of its allocation had been contracted or already imported. The outcome of such consultations would be made publicly available by the Russian Federation by 12 September of the quota year in question;

(ii) the Russian Federation's request for consultations had been substantiated by the Russian Federation supplying 15 days in advance of the consultations full information on the volume of meat covered by licences delivered (licences based on existing contracts) and imports in order to fully justify its request for the consultations; and

(iii) the re-allocated quantity would be made available to all WTO Members, including the Member with the original country-specific TRQ allocation and other Member country-specific TRQ allocation holders, provided the latter had filled their allocation.

2. During such consultations the effects of any sanitary or phytosanitary (SPS) measure on commercial transactions would be examined.

3. Should the expectation of the Russian Federation be that there would be a need for re allocating a country-specific TRQ, the Russian Federation would provide full information on the volume of meat covered by licences delivered (licences based on existing contracts) and imports to the concerned Member holding a country-specific TRQ allocation by 30 June of the quota year in question. Such information would also be provided by the Russian Federation at any other time, upon such Member's written request. Within the period from 30 June to 31 August, such information would also be provided, upon request, by the Russian Federation to WTO Member suppliers of products subject to the relevant country specific TRQ.

4. By 15 July of the quota year the Russian Federation would make the information of its intention to consider launching consultations with a Member holding a country-specific TRQ allocation publicly available.

5. In exceptional circumstances where a major shortfall in filling an "Other countries" TRQ was expected, the Russian Federation could launch consultations. Such consultations would be held to consider whether as of 15 September in any quota year a country-specific TRQ holder, provided it had filled its own allocation, could also have access to the "Other countries" TRQ in question. Consultations would be held with the five largest suppliers to the Russian Federation under the "Other countries" TRQ over the last five years. Any other eligible supplier to the "Other countries" TRQ which had expressed an interest could also join the consultations. By 15 July and in any case at least 15 days before the actual consultations, the Russian Federation would make publicly available notice of its intention to consider launching such consultations. This public information would include the factual basis and supporting documents necessary for these consultations. The outcome of such consultations would be made available to the WTO Members by the Russian Federation within two days of the conclusion of any consultations held on the basis of this provision.

6. A decision to re-allocate a TRQ could only apply within the quota year in which the decision was taken.

7. No meat tariff quotas listed in Section I-B of the Russian Federation's Schedule of Concessions and Commitments on Goods would be reallocated except in accordance with these requirements.

The Working Party took note of these commitments.
  1. Members and the Russian Federation agreed that the particular arrangements described in paragraph above were without prejudice to the WTO rights and obligations of Members (and the Russian Federation after its accession) holding country-specific allocations in respect of TRQs which were not subject to those arrangements.
  2. The representative of the Russian Federation confirmed that from the date of accession of the Russian Federation to the WTO, import TRQs applied in the Russian Federation would be administered, whether by the competent Bodies of the CU or by authorities of the Russian Federation, in a manner that is consistent with the GATT 1994 and other relevant WTO Agreements, including the Agreement on Import Licensing Procedures and the Agreement on Agriculture. The Working Party took note of this commitment.