COUNCIL REGULATION (EEC) No 3900/91

of 16 December 1991

suspending Common Customs Tariff duties for products covered by Regulation (EEC) No 3833/90 and originating in Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas Regulation (EEC) No 3835/90 (4) applies tariff preferences to Bolivia, Colombia, Ecuador and Peru in order to help these countries halt the growth in the production of, and trade in, cocaine, which threaten their social integrity and so damage their economies that their development is at risk;

Whereas the application of Regulation (EEC) No 3835/90 was extended until 31 December 1992 by Regulation (EEC) No 3587/91 (5);

Whereas it has been established that the countries of the Central American isthmus are being increasingly used as a staging post on the route of narcotic drugs from the Andean region to North America;

Whereas the illegal cultivation of poppies and cannabis and the production of drugs and other psychotropic substances in the countries of the Central American isthmus is expanding alarmingly;

Whereas the growing trade in, and cultivation of, drugs threatens the economic and social stability of the countries of the Central American isthmus;

Whereas Article 4 (1) of the Cooperation Agreement of 12 November 1985 between the European Economic Community, of the one part, and the countries parties to the General Treaty on Central American Economic Integration (Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua) and Panama (6), of the other part, of which the overall purpose is to help resolve the problems of the Central American isthmus, which have, in particular, been worsened by the effects of the current economic recession, provides that the Contracting Parties shall undertake to promote the harmonious development, diversification and qualitative improvement of their trade, with a view to maximizing such trade;

Whereas the countries of the Central American isthmus are today engaged in the consolidation of peace and democracy, which calls for the mobilization of all their economic resources and backing from the international community;

Whereas the Community has been constant in its support for peace and development in the Central American isthmus;

Whereas the Heads of State of Central America and Panama, meeting at Puntarenas on 15 December 1990, appealed to the Community to extend to their countries the tariff preferences granted to Bolivia, Colombia, Ecuador and Peru;

Whereas this appeal was backed by the Governments of Colombia and Ecuador in the San Andrés Declaration of 15 January 1991;

Whereas the ministerial meeting between the Community and the Central American countries, Panama and the cooperating countries (Colombia, Mexico and Venezuela) held in Managua on 18 and 19 March 1991 dealt constructively with this matter at the urgent request of the Central American Ministers;

Whereas the Community considers it necessary to continue to support peace and democratization in Central America and Panama in the present period of consolidation and therefore, in order to increase these countries' export earnings and their growth, to grant them exceptional, temporary assistance by extending to their agricultural exports generalized tariff preferences similar to those granted to Bolivia, Colombia, Ecuador and Peru; whereas these concessions should be granted to them for the same period, without prejudice to the annual nature of the Community's system of generalized tariff preferences,

HAS ADOPTED THIS REGULATION:

Article 1

Subject to Article 2 (2) of this Regulation, Common Customs Tariff duties shall be totally suspended until 31 December 1992 for products listed in the Annex to this Regulation and originating in Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama. Without prejudice to the levying of any supplementary duties that may apply, Article 1 (4) and Articles 7 to 12 of Regulation (EEC) No 3833/90 (1) shall apply to those countries and to the products listed in the Annex to this Regulation.

Article 2

1. Regulation (EEC) No 3833/90 shall continue to apply to products originating in countries mentioned in Article 1 and not listed in the Annex to this Regulation, but in Annex II to Regulation (EEC) No 3833/90.

2. Regulation (EEC) No 3833/90 shall continue to apply to products falling within Chapter 3 of the Common Customs Tariff originating in Panama.

Article 3

This Regulation shall enter into force on 1 January 1992.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 16 December 1991.

For the Council

The President

H. VAN DEN BROEK

(1) OJ N° C 194, 25. 7. 1991, p. 17.

(2) Opinion delivered on 12 December 1991 (not yet published in the Official Journal).

(3) Opinion delivered on 15 October 1991 (not yet published in the Official Journal).

(4) OJ N° L 370, 31. 12. 1990, p. 126.

(5) OJ N° L 341, 12. 12. 1991, p. 1.

(6) OJ N° L 172, 30. 6. 1986, p. 2.

(1) OJ N° L 370, 31. 12. 1990, p. 86.