CELEX: 51987PC0625
Language: en
Date: 1987-12-02
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of unilateral tariff quotas for coffee, unroasted and not free of caffeine, and cocoa beans, whole or broken, falling within codes 0901 11 00 and 1801 00 00 of the Combined Nomenclature (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 625
Vol. 1987/0298
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
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Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(87) 625 final
                                             Brussels , 2 December 1987
                                  Proposal for a
                             COUNCIL REGULATION ( EEC )
  opening , allocating and providing for the administration of unilateral
         tariff quotas for coffee , unroasted and not free of caffeine ,
            and cocoa beans , whole or broken , falling within codes
        >0901 11 00 and 1801 00 00 of the Combined Nomenclature
                         ( submitted by the Commission )
                                                         A      c .. ~
                                                        V
C0MC87 ) 625 final
 ---pagebreak---                                          1
                                  EXPLANATORY MEMORANDUM
1 . In the context of the accession negotiations and to take into account
    the traditional trade flows between Spain and Latin America , the
    Community proposed to open for the first three years of the transitional
    period duty-free Community tariff quotas for the following products :
CCT heading        Description                             Quota volume
No
09.01 Ala )        Coffee , unroasted and not freed         40 000 tonnes
                   of caffeine
18.01              Cocoa beans , whole or broken            10 000 tonnes
2 . The purpose of this draft Regulation is to implement the above-mentioned
    proposal by opening the tariff quotas shown in the table for the period
    1 January to 31 December 1988 , taking into account the entry into force
    on 1 January 1988 of the Combined Nomenclature , which replaces the
    Common Customs tariff .
    The Commission is aware that the transposition of certain tariff
    concessions from the Common Customs Tariff to the Combined Nomenclature
    might raise problems which would need to be settled between the
    interested parties . It therefore reserves the right to amend its
    proposal in the course of the procedure with a view to adjusting it ,
    where appropriate , to requirements .
3 . What the Commission proposes for these tariff quotas is based on
    similar proposals which are usually put forward in this field , namely :
    - the quota volumes are divided into two parts ; the first , consisting
      of a fairly large quantity , is allocated among the Member States , and
      the second is held as a reserve to cover any additional needs ;
    - the allocation of initial shares to the Member States is based on
      their imports from non-preferential non-member countries during
      the period 1984 to 1986 to the extent that these figures are available
      at the present time , and on the specific factors that justify a
      derogation from the principles usually applied in the matter of
      allocation .
 ---pagebreak---                                           -2-
4 . Imports from non-member countries ( excluding the countries which          are
      signatories to the Lomé Convention ) into the Community , save for
      Spain , have been as follows during the three years concerned :
a ) for the coffee , unroasted and not freed of caffeine :
                                 1984                 1985                1986
      ..    - – -  .... __ . . -        . ... . - -     -     -     - _  -·   -  -
                               161 876              148 039             123 203
Benelux
                                41 793               42 169               37 830
Denmark
                               320 451              587 445             363 398
Germany
                                22 025               19 765               12 077
Greece
                               103 137              111 283             100 175
France
                                    191                 163                   162
Ireland
                               129 333              163 912             118 964
Italy
                                11 175               12 382               15 831
Portugal                                                        !
                                46 058               46 098     i         39 204
United Kingdom
                                                              ■ f
                               836 039            1 131 256             810 844
b ) for cocoa beans , whole or broken :
Benelux                         31 406                50 518               31 511
Denmark                              24                    27                   10
Germany                         45 393                63 706               58 885
Greece                            2 682                2 708      .         3 032
France                            2 785                5 355     ;          5 757
Ireland                               0                     0    I               0
Italy                            2 784                 3 851                3 444
                                                                 ;
Portugal                            115                  115    i               23
                                                                ;
United Kingdom                   6 242                 6 782     !          8 673
                                                                !
                                91 521               133 062            111 345
      Taking into account the intentions shown throughout the negotiations
      to take account of the traditional trade flows of Spain with Latin
      America , which are stated in the declaration ( 1 ) annexed to the Act
      of Accession of 1985 , and also the concessions agreed from 1 March
      1986 by Spain for the products in question originating in ACP States ,
      the Commission considers that it is advisable , for these products , to
      allocate to Spain virtually the whole of the quotas , through a larger
 ( 1 ) OJ L 302 , 15.11.1985 , p. 495
 ---pagebreak---                                  -3-
initial share than would result from the traditional method of
calculation of the share .  A percentage of 95 % could be adopted
in this case , the percentage allocated to other Member States being
based on the average of imports over the 3 years for the Member States
of the Community of 10 and on the import figure available in the case
of Portugal .
 ---pagebreak---                                                        Proposai for a
                                            COUNCIL REGULATION ( EEC )
                  opening, allocating and providing for the administration of unilateral tariff quotas for coffee /
                  unroasted and not freed of caffeine , and cocoa beans , whole or broken , falling within
                     codes 0901 . 1'l -uu and 1801 . l)U-iJU of the
                                    Combined Nomenclature ( 1938 )
    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 draft Regulation presented
    by the Commission ,
    Whereas in the context of the accession negotiations , and
in order to take into account the traditional trade flows
    between Spain and Latin America , the Community
 proposed that , for the first three years of the transitional
    period , duty-free U"li lateral Community tariff quotas be
    opened of 40 000 tonnes for coffee, unroasted and not
    freed of caffeine falling within subheading 09.01 A 1 a ) of
    the Common Customs Tariff and of 10 000 tonnes for
    cocoa beans , whole or broken , falling within heading
    No 18.01 of the Common Customs Tariff; whereas
    these quotas should be opened for their third year
    of application , namely for the period 1 January to
    31 December 198 8 J
       IJhereas the Community has adopted , with effect from 1 January 1988 , a
       Combined Nomenclature for goods which meets the requirements of the Common
       Customs Tariff and the Nomenclature of Goods for the External Trade
       Statistics of the Community and Statistics of Trade between Member States ;
       whereas , in order to accommodate specific Community measures , this
       Nomenclature has been expanded into an integrated tariff of the European
       Communities ( TARIC ) ; whereas , with effect from the date given above ,
       the Combined Nomenclature and , where appropriate , the TARIC code
       numbers , should be used for the description of the products covered by
       this Regulation .
        Whereas , in particular , equal and continuous access to the
        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 quotas are used up ; whereas, in
   the light of these principles , arrangements for the utilization of
        the tariff quotas based on an allocation among Member
        States would seem to be consistent with the Community
        nature of the quotas ; whereas, to correspond as closely as
        possible to the actual trend in the market in the products in
        question , allocation of the quotas should be in proportion
        to the requirements as calculated by reference to statistics
        of imports from third countries during a representative
        reference period and to the economic outlook for the quota
         year in question ;
 ---pagebreak---      Whereas , during the Last three years for which statistics are available ,
     imports into Member States from third countries which do not benefit
     from an equivalent tariff preference are as follows :
 !                              Coffee ,     unroasted and not                       Cocoa    beans , whole    or
                                freed of caffeine                                    broken
                                1984               1985            1986       i    1984        1985          1986
     Benelux                    161 876       148 039            123  203 ]       31 406      50 518       31  511
j    Denmark                     41 793         42 169             37 830     i       24          27            10
     Germany
     Greece
                                320 451
                                 22 025
                                              587 445
                                                11 765
                                                                363
                                                                   12
                                                                      398
                                                                      077
                                                                            J     45 393
                                                                                   2 682 :
                                                                                              63
                                                                                               2
                                                                                                 706
                                                                                                 708
                                                                                                           58 885
                                                                                                            3 032
                                                                            •I
     Spain                    ( 117 191 ) (1 21 083 )       I    ( 86 692 ) ¡j  ( 37 823 ); ( 38 923 ) . ( 15 998 )
     France                     103 137       111 283       .    100 175           2 785 :     5 355 !      5 767
     Ireland                         191             163              162               0 i         0 !!          0
     Italy                      129 333       163 912           118 964     !■     2 874   i   3 851   i    3 444
1    Portugal
¡ United Kingdom ;
                            i    11 175         12 382      ;      15 831
                                                                            ¡I       115 ¡       115 !          23
                                 46 058         46 098      ;      39 204          6 242       6 782
                                                                                                       I
                                                                                                            8 673
    Whereas , '            on the basis of the available data, and
     taking into account the special nature of the      quotas , the
    initial p^centagc shades of the quota volumes can be
    expressed as follows :
                                  coffee              cocoa
   Benelux                          0.78                 1.69
   ! K'nmnrk                        0.22         j       0.01
   Germany
   Greece
                                    2.29
                                    0.10
                                                 !I      M2
                                                         0.12       ;
   Spain                           95.00          I     95.00 i
   France                           0.56                 0.20       !
   Ireland                          0.01          I      0.01       !
   Italy                            0.74                 0.14
   Portugal                         0.07                 0.01
   United Kingdom                   0.23                 0.32
   Whereas, to take account of the possible import trends for the products
    concerned the quota volumes should be divided into
   two parts , the first being allocated among the Member
   States and the second held as a reserve to cover any
   subsequent requirements of Member States which have
   used up their initial share ; whereas , to give importers some
   degree of certainty , the first part of the Community tariff
   quotas should be set at a high level , which in this case
   could be about 99 % of the quota volumes ;
    Whereas initial shares may be used up at different rates ;
    whereas, to avoid any break in the continuity of supplies on this account , it
    should be provided that any Member State which has
    almost used up its initial share should draw an additional
    share from the reserve ; whereas each time its additional
    share is almost used up a Member State should draw a
    further share and so on as many times as the reserve
    allows; whereas the initial and additional shares must be
    valid until the end of the quota period ; whereas this form
    of administration requires close cooperation between the
    Member States and the Commission , and the latter
    must be able            • to monitor             the extent to
    which the quotas have been used up and to inform the
    Member States accordingly ;
 ---pagebreak---     Whereas if, at a given date in the quota per,od a
    considerable quantity of a Member States in,t.al share
    rema,ns unused ,t is essential that the Member State concerned should return
    a significant proportion thereof to the reserve ,n order to
    prevent a part of the Community tariff quotas from
  remaining unused in one Member State while it could be
  used in others ;
  Whereas, since the Kingdom of Belgium, the Kingdom of
   the Netherlands and the Grand Duchy of Luxembourg are
   united within and jointly represented by the Benelux
   Economic Union, any measure concerning the
   administration of the shares allocated to that economic
    union may be carried out by any one of its members,
    HAS ADOPTED THIS REGULATION :
                                                               Article 1
    1 . From 1 January to 31 December 1988, 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 :
              Combined                                                                 Quota    Rate of
 Order No      Nomenclature                                        Description        volume      duty
               code                                                                  ( tonnes )     (%)
 09 . ï - VI     0901 . 1 1 -00         Coffee , unroasted and not freed of caffeine 40 000          0
 09 . Ì / 35     1801.00-00             Cocoa beans , whole or broken                 10 000         0
 2 . Imports of the products in question may not be charged against
tiles ? tariff quotas if they are already free of customs
 duties under other preferential tariff arrangements.
                              Article 2
  1 . The Community tariff quotas referred to in Article 1
 shall be divided into two       parts .
  2 . A first     part         of 39 500 and 9 900 tonnes
  respectively shall be allocated among the Member States ;
 the shares shall , subject to Article 5 ,          be valid from
  1 January to 31 December 198 8 and shall be as follows
                                   U901.11-00                  1801.00-00
  Benelux                                 308                            167
  Denmark                                   87                               1
  Germany                                 904                            247
  Greece                                    38                             12
  Spain                               37 525               I         9 405
  France                                  223                              20
  Ireland                  '
                                              1                              1
  Italy                                   293                              14
  Portugal                                  23                               1
  United Kingdom                            93                             32
   3.    The second      part         of 500 and       1 00   tonnes
   respectively , shall constitute the                   reserve .
 ---pagebreak---                                    Article 3
       1 . If a Member State has used 90 % or more of one of its initial
shares as specified in Article 2 ( 2), or of that share less
       any portion returned to the reserve pursuant to Article 5 , it
       shall forthwith , by notifying the Commission, draw a
       second share, to the extent that the reserve so permits,
          equal to 10 % of its initial share, rounded up where necessary
          to the next whole number.
          2 . If a Member State , after exhausting one or the other of
          its initial shares , has used 90 % or more of the second
          share drawn by it , that Member Stpte shall forthwith ,        ,
        using the procedure provided for in paragraph 1 ,
          draw a third share equal to 5 % ol its initial share , rounded
        up where necessary to the next whole number .
          3 . If a Member State , after exhausting one or the other of
          its second shares , has used 90 % or more of the third share
          drawn by it, that Member State shall, using the procedure
                       nrovided for in paragraph 1,' draw a
           fourth share equal to the third .
          This process shall apply until each of the reserves is used
          up .
          4 . By way of derogation from paragraphs 1 , 2 and 3 , each
          Member State may draw shares lower than those specified
          in those paragraphs if there are grounds for believing that
        they               may not be used in full . Any Member State
          applying this paragraph shall inform the Commission of its
          grounds for so doing.
                                     Article 4
          Additional shares drawn pursuant to Article 3 shall be valid
          until 31 December 198 S.
                                     Article S
          Member States shall , not later than 1 October 198 ^ return
          to the reserve the unused portion of each of their initial
          shares which , on 15 September 198 & is in excess of 20 %
          of the initial volume. They may return a greater portion if
          there are grounds for believing that it may not be used in
          full .
 ---pagebreak---  Member States shall , not later than 1 October 1988 , notify        2 . The Member States shall ensure that importers of the
 the Commission of the total quantities of the products in           products in question have free access to the shares allocated
 question imported up to and including 15 September 1988             to them .
 and charged against the Community quotas and of any
 portion of their initial shares returned to the reserve.            3 . The Member States shall charge imports of the
                                                                     products in question against their shares as and when the
                                                                     products are entered with the customs authorities for free
                              Article 6                              circulation .
 The Commission shall keep an account of the shares                  4 . The extent to which a Member State has used up its
drawn by the Member States pursuant to Articles 2 and 3              share shall be determined on the basis of the imports
 and shall , as soon as the information reaches it , inform          charged in accordance with paragraph 3 .
 each State of the extent to which the reserves have been
 used up .
 It shall , not later than 5 October 1988, inform the Member                                  Article 8
 States of the amount still in the reserves , following any
 return of shares pursuant to Article 5 .                            At the request of the Commission , the Member States shall
                                                                     inform it of imports actually charged against their shares.
 It shall ensure that the drawing which exhausts one of the
 reserves does not exceed the balance available and to this
 end shall notify the amount of that balance to the Member
 State making the last drawing .                                                              Article 9
                                                                     Member States and the Commission shall cooperate closely
                              Article 7
                                                                     to ensure that this Regulation is complied with .
   1 . flember States shall take all appropriate
   measures to ensure that additional drawings
   of shares pursuant to Article 3 are carried                                                . ... in
   out in such a way that imports may be                                                              1U
   charged without interruption against their
   accumulated shares of the Community                              This Regulation shall enter into force on 1 January 1988.
   quota .
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                     States .
                     Done at Brussels ,
                                                                                         For the Council
                                                                                          The President
 ---pagebreak---                 FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
Cette proposition est formulée en conformité avec un engagement interne de
la Gonrnunauté . L' impact découlant de cette concession a été pris en
considération lors de la prise de décision d' adoption de ces contingents et
il n' aura pas un caractère sérieux sur la compétitivité et l' emploi dans la
Caimunauté .