CELEX: 51989PC0615
Language: en
Date: 1989-12-07
Title: 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 )

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)
 ---pagebreak---                                                                               &** 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.
 ---pagebreak---                                   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;
 ---pagebreak---  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
 ---pagebreak---                                     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.
 ---pagebreak---                                    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
 ---pagebreak--- FICHE FINANCIERE
i.    Ligne budgétaire concernée ' Chap. 12 art. 120
2.    Base Juridique : art.. 28 d u traité
3.    Intitulé d e l a mesure 1 tari£aix& *• Proposition d e règlement
      du Conseil portant ouverture e t m o d e d e gestion d e
      contingents tarifaires .autonomes pour l e c a f é n o n torréfié
      et n o n décaféiné e t l e cacao en- fèves et b r i s u r e s d e fèves
                                         ^         * '                            :\                *   . -'•       '•
                                                   - .ff'''                            •'         •'''-*           ..••..''
                              • ."'•'•          . "*~                   . "'• •"•. ~*?*:"?-^", •_•                     ".'•-•';:>"' '
4.    Objectif, : Tenir compte d e s couxanta^d-'échanges
      traditionnels d e .l'Espagne avec^l*Amérique latine, dans le
      cadre d e l'adhésion.                                           ••••••'": -^r"- > "
      Modèle calcul :
                                                                          QSkîÂ
       •volume d u contingent                                 40.000 tonnes                                     .10:. 000 tonnes
       -Droits .à ; appliquer••<:                                                                                                    0 %
       -Droits                                                             5 %'                                                      3 %
6     Perte de recettes ;
      valewv &' une       tonne                                                                       -
      (envecus) r .            ' ;:                     • 3.946     '                                            3.357
      valeur totals
      (ene^s),- :^                                    157. ,840. 000        - * :    • •  . • • " '
                                                                                                    •'. 3 3 .. 5 7 0 , . 0 0 0
      pext^e '•-.,      ~                                 7.,892. 000                                       1, 0 0 7 . 1 0 0
                                                                           8 . 8 9 9 ;; i d o                    .,*•
                                                                                                                 •
                                                                                                                                 %
                                                                                                                           '-'
                                                                                :
                                            . ; : » •
                                                                                  ^£fe "';.-v.-
          :
       ••   -   ' • : •     •    ' : ^ ;  '
      Par. rapport à 1 9 8 9 ^ a u g m e n t a t i o n d e s p e r t e s d e recettes de
      8.899.100 écus - 8.473.955 ecus - 4 2 5 . 1 4 5 ecus.
                               • •Ç-.v
                                                                                                                                         1-
                                                    7i
 ---pagebreak---            FICHE D'IMPACT StTR LA COMPETITIVITE ET L' EttPLOT
La présente proposition vise 1 ' ouvertnxé d e contingents
tarifaires- autonomestdëstinés à c o u v r i r ^ a d e s c o n â i t i o n &
favorables, les b e s o i n s d e s industries utilisatrices-. Elle aura
pour effet d e permettre a-ces. industries- d e concurrencer celles
des pays tiers et de. maintenir ou même ^ a m é l i o r e r l'emploi dans
la Communauté. Elle permettra d'autyé .part d e tenlT compte d é s
relations oommercialës/particulièrëè v '§è||t'..Espagne avec les pays *
d e l'Ameriqpïe l a t i n e ; -:          '*''•'$£•*&."".' "'"'•: ' .•- ^-^,
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(89) 615 final
                                                      DOCUMENTS
EN                                                                          11 02
                                Catalogue number : CB-CO-89-590-EN-C
                                                             ISBN 92-77-55825-3
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