CELEX: 31987R4097
Language: en
Date: 1987-12-22 00:00:00
Title: Council Regulation (EEC) No 4097/87 of 22 December 1987 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 11 00 and 1801 00 00 of the combined nomenclature (1988)

No L 383 / 10                             Official Journal of the European Communities                                            31 . 12 . 87
                                         COUNCIL REGULATION ( EEC ) No 4097 / 87
                                                          of 22 December 1987
                   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 11 00 and 1801 00 00 of the combined nomenclature ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                   States ; whereas , in order to accomodate specific Community
                                                                            rules , this nomenclature has been expanded into an
                                                                            integrated tariff of the European Communities (TARIC );
Having regard to the Treaty establishing the European                       whereas , with effect from the abovementioned date , the
Economic Community, and in particular Article 28                            combined nomenclature and , where appropriate , the TARIC
thereof,
                                                                            code numbers , should be used for the description of the
                                                                            products covered by this Regulation ;
Having regard to the proposal from the Commission ,
                                                                            Whereas , in particular, equal and continuous access to the
Whereas in the context of the accession negotiations , and in               quotas should be ensured for all importers , and the rate of
order to take into account the traditional trade flows between              duty for the tariff quotas should be applied consistently to all
Spain and Latin America , the Community proposed that, for                  imports until the quotas are used up ; whereas , in the light of
the first three years of the transitional period , duty-free                these principles , arrangements for the utilization of the tariff
unilateral Commiinjty tariff quotas be opened of 40 000                     quotas based on an allocation among Member States would
tonnes for coffee , unroasted and not freed of caffeine falling             seem to be consistent with the Community nature of the
within subheading 09.01 Ala) of the Common Customs                          quotas ; whereas , to correspond as closely as possible to the
Tariff and of 10 000 tonnes for cocoa beans , whole or                      actual trend in the market in the products in question ,
broken , falling within heading No 18.01 of the Common                      allocation of the quotas should be in proportion to the
Customs Tariff; whereas these quotas should be opened                       requirements as calculated by reference to statistics of
for their third year of application , namely for the period                 imports from third countries during a representative
1 January to 31 December 1988 ;                                             reference period and to the economic outlook for the quota
                                                                            year in question ;
Whereas the Community has adopted , with effect from
1 January 1988 , a combined nomenclature for goods which                    Whereas , during the last three years for which statistics are
meets the requirements of the Common Customs Tariff and                     available , imports into Member States from third countries
the nomenclature of goods for the external trade statistics of              which do not benefit from an equivalent tariff preference are
the Community and statistics of trade between Member                        as follows :
                                                       Coffee , unroasted and
                                                        not freed of caffeine
                                                                                               Cocoa beans , whole or broken
                                                  1984           1985            1986        1984          1985           1986
              Benelux                           161 876        148 039        123 203       31 406        50 518         31 511
              Denmark                            41 793         42 169          37 830          24             27            10
              Germany                           320 451        587 445        363 398       45 393        63 706         58 885
              Greece                             22 025         19 765          12 077       2 682         2 708          3 032
              Spain                           ( 117 191 )    ( 121 083 )      ( 86 692 )  ( 37 823 )    ( 38 923 )     ( 15 998 )
              France                            103 137        111 283        100 175        2 785         5 355          5 767
              Ireland                               191            163             162            0             0              0
              Italy                             129 333        163 912        118 964        2 874         3 851          3 444
              Portugal                           11 175         12 382          15 831         115            115            23
              United Kingdom                     46 058         46 098          39 204       6 242         6 782          8 673
 ---pagebreak--- 31 . 12 . 87                                  Official Journal of the European Communities                                  No L 383 / 11
Whereas , on the basis of the available data , and taking into               additional share is almost used up a Member State should
account the special nature of the quotas , the initial                       draw a further share and so on as many times as the reserve
percentage shares of the quota volumes can be expressed as                   allows ; whereas the initial and additional shares must be
follows :                                                                    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
                                      Coffee              Cocoa              able to monitor the extent to which the quotas have been used
                                                                             up and to inform the Member States accordingly;
Benelux                                 0,78               1,69
Denmark                                 0,22               0,01
                                                                             Whereas if at a given date in the quota period a considerable
Germany                                 2,29               2,49              quantity of a Member State's initial share remains unused it is
Greece                                  0,16               0,12              essential that the Member State concerned should return a
Spain                                 94,94               95,00              significant proportion thereof to the reserve in order to
France                                  0,5 6              0,20              prevent a part of the Community tariff quotas from
Ireland                                 0,01               0,01              remaining unused in one Member State while it could be used
Italy                                   0,74               0,14              in others ;
Portugal                                0,07               0,01
United Kingdom                          0,23               0,32              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
Whereas , to take account of the possible import trends for                  by any one of its members ,
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             HAS ADOPTED THIS REGULATION :
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;
                                                                                                        Article 1
Whereas initial shares may be used up at different rates ;
whereas , to avoid any break in the continuity of supplies on                 1.    From 1 January to 31 December 1988 , the customs
this account , it should be provided that any Member State                   duties applicable to imports of the following products shall
which has almost used up its initial share should draw an                    be suspended at the level indicated and within the limits of
additional share from the reserve ; whereas each time its                    Community tariff quotas as shown herewith :
       Order                                                                                             Quota volume       Rate of duty
                           CN code                                 Description
        No                                                                                                  ( tonnes )          (% )
09.2733                0901 11 00             Coffee , unroasted and not freed of caffeine                  40 000               0
09.2735                1801 00 00             Cocoa beans , whole or broken , raw or roasted                10 000               0
2.     Imports of the products in question may not be charged                                                   0901 11 00    1801 00 00
against these tariff quotas if they are already free of customs
duties under other preferential tariff arrangements .                        Benelux                                   308         167
                                                                             Denmark                                    87            1
                                                                             Germany                                   904        247
                             Article 2
                                                                             Greece                                     65           12
                                                                             Spain                                37 498        9 405
1.     The Community tariff quotas referred to in Article 1
                                                                             France                                    223          20
shall be divided into two parts .
                                                                             Ireland                                     1            1
2.     A first part , of 39 500 and 9 900 tonnes respectively,               Italy                                     293           14
shall be allocated among the Member States ; the shares shall ,              Portugal                                   28            1
subject to Article 5 , be valid from 1 January to 31 December                United Kingdom                             93          32
1988 , and shall be as follows :
 ---pagebreak--- No L 383 / 12                                 Official Journal of the European Communities                                     31 . 12 . 87
3.      The second part, of 500 and 100 tonnes respectively ,                                        Article 6
shall constitute the corresponding reserve .
                                                                         The Commission shall keep an account of the shares drawn
                                                                         by the Member States pursuant to Articles 2 and 3 and shall ,
                                                                         as soon as the information reaches it , inform each State of the
                             Article 3                                   extent to which the reserves have been used up .
 1.     If a Member State has used 90 % or more of one of its            It shall , not later than 5 October 1988 , inform the Member
initial shares as specified in Article 2 ( 2 ), or of that share less    States of the amount still in the reserves , following any return
any portion returned to the reserve pursuant to Article 5 , it           of shares pursuant to Article 5 .
shall forthwith , by notifying the Commission , draw a second
share , to the extent that the reserve so permits , equal to 10 %
                                                                         It shall ensure that the drawing which exhausts one of the
of its initial share, rounded up where necessary to the next             reserves does not exceed the balance available and to this end
whole number .
                                                                         shall notify the amount of that balance to the Member State
                                                                         making the last drawing.
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 State shall forthwith , using the
procedure provided for in paragraph 1 , draw a third share                                           Article 7
equal to 5 % of its initial share , rounded up where necessary
to the next whole number .
                                                                          1.    Member States shall take all appropriate measures to
3.      If a Member State , after exhausting one or the other of         ensure that additional drawings of shares pursuant to Article
its second shares , has used 90 % or more of the third share             3 are carried out in such a way that imports may be charged
                                                                         without interruption against their accumulated shares of the
drawn by it , that Member State shall , using the procedure
                                                                         Community quota .
provided for in paragraph 1 , draw a fourth share equal to the
third .
                                                                         2.     The Member States shall ensure that importers of the
This process shall apply until each of the reserves is used              products in question have free access to the shares allocated
up .                                                                     to them .
4.      By way of derogation from paragraphs 1 , 2 and 3 , each          3.     The Member States shall charge imports of the
Member State may draw shares lower than those specified in               products in question against their shares as and when the
those paragraphs if there are grounds for believing that they            products are entered with the customs authorities for free
may not be used in full . Any Member State applying this                 circulation .
paragraph shall inform the Commission of its grounds for so
doing.
                                                                         4.     The extent to which a Member State has used up its
                                                                         share shall be determined on the basis of the imports charged
                                                                         in accordance with paragraph 3 .
                             Article 4
Additional shares drawn pursuant to Article 3 shall be valid                                         Article 8
until 31 December 1988 .
                                                                         At the request of the Commission , the Member States shall
                                                                         inform it of imports actually charged against their shares.
                             Article 5
Member States shall , not later than 1 October 1988 , return                                         Article 9
to the reserve the unused portion of each of their initial shares
which , on 15 September 1988 , is in excess of 20% of the
initial volume . They may return a greater portion if there are          Member States and the Commission shall cooperate closely
grounds for believing that it may not be used in full .                  to ensure that this Regulation is complied with .
Member States shall , not later than 1 October 1988 , notify
the Commission of the total quantities of the products in                                            Article 10
question imported up to and including 15 September 1988
and charged against the Community quotas and of any
portion of their initial shares returned to the reserve .                This Regulation shall enter into force on 1 January 1988 .
 ---pagebreak--- 31 . 12 . 87                       Official Journal of the European Communities                     No L 383 / 13
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels , 22 December 1987 .
                                                                             For the Council
                                                                               The President
                                                                              N. WILHJELM