PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING AND PROVIDING FOR THE ADMINISTRATION OF AUTONOMOUS TARIFF QUOTAS FOR COFFEE, NOT ROASTED AND NOT DECAFFEINATED, AND FOR COCOA BEANS, WHOLE OR BROKEN ( 1990 )
Date: 1989-12-07
Institutions: European Commission
Subjects: cocoa, coffee, tariff quota

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 
decaffeinated 

40 000  tonnes 

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: 

0rder_No  ÇN_çode 

2î£££iBÎÎ2D 

Quota volume  Rate of 

Ç35G3S2 

Sfciiï-iïL. 

09.2733 

0901 11 00  Coffee, not roasted and 

40 000 

09.2735 

1801 00 00  Cocoa beans, whole or broken  10 000 

not decaffeinated. 

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. 

4. 

Intitulé  de  la  mesure1 tari£aix&  *• Proposition de règlement 
du  Conseil  portant  ouverture et m o de  de  gestion de 
contingents  tarifaires .autonomes pour  le c a fé n on torréfié 
et  n on décaféiné  et le cacao  en- fèves  et b r i s u r es de fèves 

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Objectif, : Tenir  compte  d es couxanta^d-'échanges 
traditionnels de .l'Espagne  avec^l*Amérique  latine,  dans le 
cadre de l'adhésion. 

••••••'": -^r"-  > " 

Modèle calcul : 

•volume du contingent 
-Droits .à ; appliquer••<: 
-Droits 

40.000  tonnes 

5 %' 

.10:. 000 tonnes 

0 % 
3 % 

QSkîÂ 

6 

Perte de recettes ; 
valewv &' une  tonne 
(envecus)  r 
'  ; 
: 

. 

•  3 . 9 46 

' 

-

3 . 3 57 

valeur  totals 
(ene^s),-  :^ 

1 5 7. 

, 8 4 0. 

0 00 

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.

•

•

"' 

•'.  3 3. 

. 5 7 0, 

. 0 00 

pext^e '•-., 

~ 

7. 

, 8 9 2. 

0 00 

1, 

0 07 

. 1 00 

8 . 8 9 9; 

; i do 

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:- 

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.

;

: »• 

Par. rapport à 1 9 8 9 ^ a u g m e n t a t i on d es p e r t es de recettes de 
8.899.100  écus - 8.473.955  ecus  - 4 2 5 . 1 45  ecus. 

:^£fe "'; 
.-v.-

• 

'-'  % 

• •Ç-.v 

7i 

1-

FICHE  D'IMPACT  StTR LA  COMPETITIVITE  ET  L' EttPLOT 

La  présente  proposition  vise  1 ' ouvertnxé  de  contingents 
tarifaires- autonomestdëstinés  à  c o u v r i r^ a  d es  c o n â i t i o n& 
favorables,  les  b e s o i ns  d es  industries  utilisatrices-.  Elle  aura 
pour  effet  de  permettre  a-ces. industries- de  concurrencer  celles 
des  pays  tiers  et  de. maintenir  ou  même ^ a m é l i o r er  l'emploi  dans 
la  Communauté.  Elle  permettra  d'autyé .part de  tenlT  compte  d és 
relations  oommercialës/particulièrëèv'§è||t'..Espagne  avec  les  pays * 
de  l'Ameriqpïe  l a t i n e; -: 

'*''•'$£•*&."".'  "'"'•: ' .•- ^-^, 

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