CELEX: 31986R0450
Language: en
Date: 1986-02-24 00:00:00
Title: Council Regulation (EEC) No 450/86 of 24 February 1986 opening, allocating and providing for the administration of autonomous tariff quotas for coffee, unroasted and not freed of caffeine, and cocoa beans, whole or broken, falling within subheading 09.01 A I a) and heading No 18.01 of the Common Customs Tariff

28 . 2 . 86                              Official Journal of the European Communities                                  No L 50 / 41
                                          COUNCIL REGULATION ( EEC) No 450 / 86
                                                        of 24 February 1986
                   opening, allocating and providing for the administration of autonomous tariff quotas for
                   coffee, unroasted and not freed of caffeine , and cocoa beans , whole or broken, falling within
                         subheading 09.01 Ala) and heading No 18.01 of the Common Customs Tariff
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                                                                                                        09.01 A I a       18.01
                                                                       Benelux                              0,86           1,52
                                                                       Denmark                              0,24           0,01
                                                                       Germany                              1,95           2,50
 Having regard to the Treaty establishing the European                 Spain                               95             95
 Economic Community , and in particular Article 28                     Greece                               0,11           0,14
 thereof,                                                              France                               0,60           0,25
                                                                      Ireland                               0,01           0,01
                                                                       Italy                                0,76           0,22
                                                                       Portugal                             0,25           0,01
 Having regard to the draft Regulation from the                        United Kingdom                       0,22           0,34
 Commission ,
                                                                      Whereas , to take account of the possible import trends for
Whereas in the context of the accession negotiations , and
so as to take into account the traditional trade flows                these products , the quota volumes should be divided into
                                                                      two parts , the first being allocated between the Member
between Spain and Latin America , the Community
proposes that , for the first three years of the transitional         States and the second held as a reserve to cover any
                                                                       subsequent requirements of Member States which have
period , duty — free autonomous Community tariff quotas
be opened of 400 000 tonnes for coffee , unroasted and not            used up their initial share ; whereas , to give importers some
freed of caffeine , falling within subheading 09.01 A I a ) of        degree of certainty , the first instalment of Community tariff
the Common Customs Tariff and of 10 000 tonnes for                    quotas should be fixed at a high level , which in this case
cocoa beans , whole or broken , falling within heading                could be about 99 % of the quota amounts ;
No 18.01 of the Common Customs Tariff; whereas these
quotas should be opened for their first year of application ,
namely for the period 1 March to 31 December 1986 ;                   Whereas initial shares may be used up at different rates ;
                                                                      whereas , to avoid disruption 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
Whereas in particular , equal and continuous access to the            share from the reserve ; whereas each time its additional
quotas should be ensured for all importers , and the rate of          share is almost used up a Member State should draw a
duty for the tariff quotas should be applied consistently to          further share and so on as many times as the reserve
all imports until the quota is exhausted ; whereas , in the           allows ; whereas the initial and additional shares should be
light of these principles , arrangements for the utilization of       valid until the end of the quota period ; whereas this form
the tariff quotas based on an allocation among Member                 of administration requires close collaboration between the
States would seem to be consistent with the Community                 Member States and the Commission and the Commission
nature of the quotas ; whereas , to correspond as closely as          must be in a position to keep account of the extent to
possible to the actual trend in the market in the products in         which the quotas have been used up and to inform the
question , allocation of the quotas should be in proportion           Member States accordingly ;
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
period in question ;                                                  Whereas , if at a given date in the quota period a
                                                                      considerable quantity of a Member State's initial share
                                                                      remains unused it is essential that such State should return
                                                                      a significant proportion thereof to the reserve in order to
Whereas , however , it has not been possible to collect               prevent a part of the Community tariff quotas from
complete and accurate statistical data on all Member                  remaining unused in one Member State while it could be
States' imports of the products in question from third                used in others ;
countries that do not benefit from an equivalent tariff
preference ; whereas , on the basis of the available data , and
taking into account the special nature of these quotas , the
percentages of the initial participation in the quotas may be         Whereas , since the Kingdom of Belgium , the Kingdom of
estimated as being the following :                                    the Netherlands and the Grand Duchy of Luxembourg are
 ---pagebreak--- No L 50 / 42                                   Official Journal of the European Communities                                         28 . 2 . 86
united within and jointly represented by the Benelux                                                  Article 3
Economic Union , any measure concerning the
administration of the shares allocated to that economic                   1 . If a Member State has used 90 % or more of one of its
union may be carried out by any one of its members ,                      initial shares as fixed in Article 2 ( 2 ), or of that share minus
                                                                          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 ,
HAS ADOPTED THIS REGULATION :                                             equal to 10 % of its initial share , rounded up as necessary
                                                                          to the next whole number .
                             Article 1
                                                                          2 . If a Member State , after exhausting one or the other of
1 . From 1 March to 31 December 1986 Community tariff                     its initial shares , has used 90 % or more of the second
quotas shall be opened for the following products within                  share drawn by it , that Member State shall forthwith , in
the limit indicated for each of them :                                    the manner and to the extent provided in paragraph 1 ,
                                                                          draw a third share equal to 5 % of its initial share , rounded
                                                               (tonnes)   up as necessary to the whole number .
  CCT heading                                              Quota
       No
                             Description                   volume
                                                                          3 . If a Member State , after exhausting one or the other of
09.01 Ala )        Coffee , unroasted and not               40 000        its second shares , has used 90 % or more of the third share
                   freed of caffeine
                                                                          drawn by it , that Member State shall in the manner and to
18.01              Cocoa     beans ,    whole    or         10 000        the extent provided in paragraph 1 , draw a fourth share
                   broken                                                 equal to the third .
2 . Imports of the product in question may not be charged                 This process shall apply until each of the reserves is used
against this tariff quota if they are already free of customs             up .
duties under other preferential tariff arrangements .
3 . Within the limits of these tariff quotas the Common                   4 . By way of derogation from paragraphs 1 , 2 and 3 , each
Customs Tariff duty shall be totally suspended .                           Member State may draw shares lower than those specified
                                                                           in those paragraphs if there are grounds for believing that
                                                                           those specified may not be used in full . Any Member State
                                                                           applying this paragraph shall inform the Commission of its
                             Article 2                                     grounds for so doing .
 1 . The Community tariff quotas referred to in Article 1
shall be divided into two instalments .
                                                                                                      Article 4
2 . A first instalment , of 39 500 and 9 900 tonnes                        Additional shares drawn pursuant to Article 3 shall be valid
respectively, shall be allocated among the Member States;                  until 31 December 1986 .
the shares which , subject to Article 5 , shall be valid from
 1 March to 31 December 1986 shall be as follows :
                                                                (tonnes)
                                                                                                       Article 5
                                     09.01 A I a          18.01
                                                                           Member States shall , not later than 1 October 1986 , return
 Benelux                                    340                150
                                                                   1
                                                                           to the reserve the unused portion of each of their initial
 Denmark                                      95
                                            771                247
                                                                           shares which on 15 September 1986 is in excess of 20 % of
 Germany                                                                   the initial volume . They may return a greater portion if
 Spain                                   37 525              9 405
 Greece                                       45                  14       there are grounds for believing that it may not be used in
 France                                     239                   25       full .
 Ireland                                       1                   1
 Italy                                      300                   22
 Portugal                                     99                   1
 United Kingdom                               85                  34       Member States shall , not later than 1 October 1986 , notify
                                                                           the Commission of the total quantities of the products in
                                                                           question imported up to and including 15 September 1986
 3 . The second instalment , of 500 and 100 tonnes                         and charged against the Community quotas and of any
 respectively , shall constitute the corresponding reserve.                 portion of their initial shares returned to the reserve .
 ---pagebreak--- 28 . 2 . 86                               Official Journal of the European Communities                             No L 50 / 43
                             Article 6                               3 . The Member States shall charge imports of the
                                                                     products in question against their shares as and when the
The Commission shall keep an account of the shares                   products are entered with the customs authorities for free
opened by the Member States pursuant to Articles 2 and 3             circulation .
and shall , as soon as the information reaches it , inform
each State of the extent to which the reserves have been             4 . The extent to which a Member State has used up its
used up .                                                            share shall be determined on the basis of the imports
                                                                     charged in accordance with paragraph 3 .
It shall , not later than 5 October 1986 , inform the Member
States of the amount still in the reserves , following any
return of shares pursuant to Article 5 .
                                                                                               Article 8
It shall ensure that the drawing which exhausts one of the
reserves does not exceed the balance available and to this
                                                                     At the request of the Commission , the Member States shall
end shall notify the amount of that balance to the Member            inform it of imports actually charged against their shares .
State making the last drawing .
                             Article 7
                                                                                               Article 9
1 . Member States shall take all appropriate measures to
ensure that additional shares drawn pursuant to Article 3            Member States and the Commission shall cooperate closely
are opened in such a way that importation may be charged             to ensure that this Regulation is complied with .
without interruption against their accumulated shares of
the Community quota .
2 . The Member States shall ensure that importers of the                                      Article 10
products in question have free access to the shares allocated
to them .                                                            This Regulation shall enter into force on 1 March 1986 .
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels , 24 February 1986 .
                                                                                          For the Council
                                                                                           The President
                                                                                             G. BRAKS