Council Regulation (EC) No 2165/2001 of 5 November 2001 opening and providing for the administration of a tariff quota for imports of soluble coffee covered by CN code 21011111
Date: 2001-11-05
Institutions: Council of the European Union
Subjects: coffee, import, instant product, tariff quota

9.11.2001

EN

Official Journal of the European Communities

L 292/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2165/2001

of 5 November 2001

opening and providing for the administration of a tariff quota for imports of soluble coffee covered
by CN code 2101 11 11

THE COUNCIL OF THE EUROPEAN UNION,

Article 2

Having regard to the Treaty establishing the European
Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

The diversity of
available on the
Community market has decreased significantly in recent
years.

soluble

coffee

The best way of countering this trend is to open a
zero-duty quota for a limited volume of soluble coffee.

The best way of ensuring optimal use of the tariff quota
is to allocate it in the chronological order of the dates
on which declarations of release for free circulation are
accepted.

In order to ensure that the quota is administered effi-
ciently, presentation of a certificate of origin should be
required for imports of soluble coffee from Brazil, the
main supplier and the main beneficiary of the quota.

Soluble coffee benefiting from the tariff quota must be
marketed in the Community in compliance with the
quality conditions established by Directive 1999/4/EC of
the European Parliament and of
the Council of 22
February 1999 relating to coffee extracts and chicory
extracts (1).

The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (2),

HAS ADOPTED THIS REGULATION:

The tariff quota shall be opened annually for an initial period
of three years. Its volume shall be fixed as follows:

— 10 000 tonnes from 1 January 2002 to 31 December

2002,

— 12 000 tonnes from 1 January 2003 to 31 December

2003,

— 14 000 tonnes from 1 January 2004 to 31 December

2004.

Article 3

The tariff quota shall be divided into two parts, as follows:

(a) a quota of 87,4 % of the annual volume, with the order
number 09.2000, for imports originating in Brazil, and

(b) a quota of 12,6 % of the annual volume, with the order
number 09.2001, for imports originating in other third
countries.

Article 4

1.
The origin of soluble coffee qualifying for the tariff quota
shall be determined in accordance with the provisions in force
in the Community.

2.
Qualification for the share of the tariff quota allocated to
Brazil in accordance with Article 3 shall be subject to presenta-
tion of a certificate of origin meeting the conditions laid down
in Article 47 of Commission Regulation (EEC) No 2454/93 (3).

Certificates of origin shall be accepted only if the products
meet the criteria for determining origin set out in the provi-
sions in force in the Community.

Article 1

Article 5

From 1 January 2002, imports of soluble coffee covered by CN
code 2101 11 11 originating in any country shall be eligible
for a zero-duty tariff quota.

The tariff quota shall be administered by the Commission in
accordance with Articles 308a, 308b and 308c of Regulation
(EEC) No 2454/93.

(1) OJ L 66, 13.3.1999, p. 26.
(2) OJ L 184, 17.7.1999, p. 23.

(3) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regula-

tion (EC) No 1602/2000 (OJ L 188, 26.7.2000, p. 1).

L 292/2

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Official Journal of the European Communities

9.11.2001

Article 6

Article 8

This Regulation may be revised during the third year after the
tariff quota is opened in order to adapt the volume of the
quota to the needs of the Community market. If, however, this
revision is not completed three months before the date of
closure of the initial tariff quota, i.e. 31 December 2004, the
quota shall be automatically extended for a further year for a
volume of 14 000 tonnes. Subsequently the tariff quota shall
be extended regularly for one year at a time and for the same
later than three
volume unless a revision is adopted not
months before the closure of the current quota.

Article 7

The measures necessary for the implementation of this Regula-
tion, including the amendments and adjustments required by
amendments to the Combined Nomenclature and the TARIC,
shall be adopted in accordance with the procedure referred to
in Article 8(2).

1.
The Commission shall be assisted by the Customs Code
Committee (hereinafter referred to as ‘the Committee’) set up
by Article 247a of Council Regulation (EEC) No 2913/92 (1).

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

Article 9

This Regulation shall enter
into force on the third day
following its publication in the Official Journal of the European
Communities.

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

Done at Brussels, 5 November 2001.

For the Council

The President

R. MILLER

(1) OJ L 302, 19.10.1992, p. 1.