COMMISSION OF THE EUROPEAN COMMUNITIES 
COMC89) 615 final 
Brussels, 7 December 1989 
Proposai for a 
COUNCIL REGULATION (EEC) 
Opening and providing for the administration of autonomous tariff quotas for 
coffee, not roasted and not decoffeinated, and for cocoa beans, whole og 
broken (1990) 
(presented by the Commission) 
&** t'K 
; 
EXPLANATORY MEMORANDUM 
In the context of the accession negotiations and to take into account the 
traditional trade flows between Spain and Latin America, the Community pro­
posed to open duty-free Community tariff quotas for the following products 
for the first three years of the transitional period, ending on 31 December 
1988. 
CN_code ËSSçHgtion 2ii2î§...y.2i.iime_ 
0901 11 00 Coffee, not roasted and not 40 000 tonnes 
decaffeinated 
1§51-Q2-Q9 £2£2Ë-^SiDS^-!itl2tS-2£-^£2!S£D 12-295-Î2QQ2E. 
These quotas were renewed in 1989 to ensure, as in the past that Spain 
obtained the main benefit from these measures, in order to take into 
account its particular situation vis-à-vis Latin Amerika. 
2. in line with the joint declaration made in the minuts to the Act of Accession, 
and given that it was impossible to obtain a satisfactory solution for 1990 
in the frame of the generalized system of preferences, Spain has submitted a 
request for the renewal of these tariff measures for a further year. 
In the light of the above considerations and while waiting for a definitive 
solution to be reached in the frame of the generalized system of preferences 
when it is revised for the following ten-year period, the Commission proposes 
the renewal in 1990 of the two quotas in question, with the same principles 
Maintained, but with a change to the provision for administration, to 
bring them more into line with the Deere of the court of justice in affair 
51/87. 
The Commission's proposal therefore provides that the quota will be divided 
into two parts, the first of which will be allocated to Spain, and the 
second of which will constitute a Community reserve to be used by the other 
Member States for drawing quantities as and when they actually need to do 
so. 
Proposal for 
COUNCIL REGULATION (EEC) No 
of 
Opening and providing for the administration of unilateral teriff quotas for 
coffee, not roasted and not decaffeinated, and for cocoa baens, whole or 
broken (1990). 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, and 
in particular Article 28 thereof. 
Having regard to the proposal from the Commission, 
Whereas, in confirmity with the conclusions of the accession negotiations, and 
in order to take account the traditional trade flows between Spain and Latin 
America, the Community opened, for the first three years of the transitional 
period that is, until 31 December 1988 duty-free autonomous Community tariff 
quotas of 40 000 tonnes for coffee, not roasted and not decaffeinated and of 
10 000 tonnes for cocoa beans, whole or broken; whereas, for the same reasons, 
these tariff measures were renewed for 1989, while taking into account, as in 
previous years, the special position af Spain; whereas, while waiting for a 
definitive solution to the problem in the frame of the generalized system of 
preferences when it is revised for the ten-year period 1991-2000, it is 
recommended to renew the tariff meassures in question once again for 1990; 
Whereas, in particular, equal and continuous access to the said quotas should 
be ensured for all importers, and the rate of duty for the tariff quotas should 
be applied consistently to all imports until the said quotas are used up;* whereas, 
with the aim of warranting moreover the granting of the main benefit of these 
messures to Spain, the maintenance of a certain allocation of these quotas 
among member states, seems necessary 
whereas it is therefore appropriate to subdivide the quota amount into two 
parts, the first one to be allocated from the outset to Spain, the second one 
to constitute a reserve from which the other Member States and where appro­
priate, Spain could draw the necessary quantities to cover their actual needs; 
whereas this method of management requires close cooperation between the Member 
States and the Commission, and requires the Commission in particular to be 
able to monitor the extent to which the quota volumes have been used up and 
inform the Member States accordingly; 
Whereas if at a given date in the quota period a considerable quantity of 
Spain's initial share remains unused, it is essential that the Member State 
'concerned should return any unused quantities in order to prevent part of the 
Community tariff quotas from remaining unused in one Member State when it 
could be used in others; 
Whereas since the Kingdom of Belgium, the kingdom of the Netherlands and the 
Grand Duchy of Luxemburg are united within and jointly represented by the 
Benelux Economic Union, any operation concerning the administration of these 
quotas may be carried out by any one of its members. 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. From 1 January to 31 December 1990, the customs duties applicable to 
imports of the following products shall be suspended at the level indicated 
and within the limits of Community tariff quotas as shown herewith: 
Quota volume Rate of 
0rder_No ÇN_çode 2î£££iBÎÎ2D Ç35G3S2 Sfciiï-iïL. 
09.2733 0901 11 00 Coffee, not roasted and 40 000 
not decaffeinated. 
09.2735 1801 00 00 Cocoa beans, whole or broken 10 000 
2. Imports of the products in question may not be charged against these 
tariff quotas if they are already free of customs .duties under-other pre­
ferential tariff arrangements. 
Article 2 
1. The tariff quotas referred to in Article 1 (1) shall each be divided 
into two parts. 
2. The first part amounting to 37 525 tonnes for coffee, and 9 405 tonnes 
for cocoa, shall be allocated to Spain until the date fixed in Article 4. 
3. The second part, amounting to 2 475 tonnes for coffee, and 595 tonnes 
for cocoa, shall be reserved for the Member States other than Spain, and 
shall be managed by the Commission, which can take any administrative measure 
necessary to achieve its efficient management. 
The procisions of Article 3 below shall apply for the management of these 
quantities. 
4 
Article 3 
s 
If an importer presents, in a Member State, an entry for release for free 
circulation, including a request for preferential benefit for a product 
covered by this Regulation and if this entry is accepted by the customs 
authorities, the Member State concerned shall inform the Commission and 
draw an amount corresponding to its requirements from the quota amount. 
The drawing request^ with iridication of the date of acceptance of the 
said entries, must be transmitted to the Commission without delay. 
The drawings shall be granted by the Commission by reference to the date 
of acceptance of the entries for release for free circulation by the 
customs authorities of the Member State concerned to the extent that the 
available balance so permits. 
If a Member State does not use tf*e quantities drawn, it shall return them 
as soon as possible to the corresponding quota amount. 
If the quantities requested are greater than the available balance of the 
quota amount, allocation shall be made on a pro rata basis with respect to 
the requests. Member States shall be informed by the Commission thereof. 
Article 4 
Spain shall, as quickly as possible, return to the second part of each of 
the quotas the total quantities wich, on 15 September 1990, have not been 
used in the first part which was allocated to that Member State. 
It shall, within the same time limit, inform the Cpmmission of the total 
imports of the products in question, up to and including 15 September 1990, 
charged against the tariff quotas and, if appropriate, the quantities being 
returned to the second part of the quota. 
With effect from 16 September 1990, imports of the products in question in 
Spain shall only benefit from the *arivr qjotas vitrtin ;he limits of the 
balances available, and in accordance with the rules provided in Article 3. 
Article 5 
Each Member State shall ensure that importers of the products concerned 
have equal and continuous access to the quotas for such time as the residual 
balance of the quota volumes so permit. 
Article 6 
Member States and the Commission shall collaborate closely in order to ensure 
that this Regulation is complied with. 
Article 7 
This Regulation enter into force on 1 January 1990. 
This Regulation shall be binding in its entirety and direclty applicable in 
all Member States. 
Done at Bruxelles, 
For the Council 
The President 
Q 
FICHE FINANCIERE 
i. Ligne budgétaire concernée ' Chap. 12 art. 120 
2. Base Juridique : art.. 28 du traité 
3. Intitulé de la mesure1 tari£aix& *• Proposition de règlement 
du Conseil portant ouverture et mode de gestion de 
contingents tarifaires .autonomes pour le café non torréfié 
et non décaféiné et le cacao en- fèves et brisures de fèves 
^ *' :\ * . -'• '• 
- .ff''' •' • '''-* ..••..'' 
• ."'•'• . "*~ . "'• •"•. ~*?*:"?-^", •_• ".'•-•';:>"' ' 
4. Objectif, : Tenir compte des couxanta^d-'échanges 
traditionnels de .l'Espagne avec^l*Amérique latine, dans le 
cadre de l'adhésion. ••••••'": -^r"- > " 
Modèle calcul : 
QSkîÂ 
•volume du contingent 
-Droits .à ; appliquer••<: 
-Droits 40.000 tonnes 
5 %' .10:. 000 tonnes 
0 % 
3 % 
6 Perte de recettes ; 
valewv &' une tonne 
(envecus) r . ' ; 
valeur totals 
(ene^s),- :^ 
pext^e '•-., ~ 
•• :- '• :• • ':^;' : • 3.946 ' 
157. 
7. 
.;:»• ,840. 
,892. 000 
000 -*: • • .••"' 
8.899; 
:^£fe "'; -
•'. 33. 
1, 
;ido 
.-v.-3.357 
.570, 
007 
.,*• 
• .000 
.100 
'-' % 
Par. rapport à 1989^augmentation des pertes de recettes de 
8.899.100 écus - 8.473.955 ecus -425.145 ecus. 
1-
• •Ç-.v 
7i 
FICHE D'IMPACT StTR LA COMPETITIVITE ET L' EttPLOT 
La présente proposition vise 1 ' ouvertnxé de contingents 
tarifaires- autonomestdëstinés à couvrir^ a des conâition& 
favorables, les besoins des industries utilisatrices-. Elle aura 
pour effet de permettre a-ces. industries- de concurrencer celles 
des pays tiers et de. maintenir ou même ^améliorer l'emploi dans 
la Communauté. Elle permettra d'autyé .part de tenlT compte dés 
relations oommercialës/particulièrëèv'§è||t'..Espagne avec les pays * 
de l'Ameriqpïe latine; -: '*''•'$£•*&."".' "'"'•: ' .•- ^-^, 
ISSN 0254-1475 
COM(89) 615 final 
DOCUMENTS 
EN 11 02 
Catalogue number : CB-CO-89-590-EN-C 
ISBN 92-77-55825-3 
Office for Official Publications of the European Communities 
L-29&5 Luxembourg