CELEX: 31974R3056
Language: en
Date: 1974-12-02 00:00:00
Title: Regulation (EEC) No 3056/74 of the Council of 2 December 1974 opening, allocating and providing for the administration of a Community tariff quota for cocca butter and a tariff quota for soluble coffee originating in developing countries

No L 329 / 138                      Official Journal of the European Communities                              9 . 12 . 74
                               REGULATION (EEC) No 3056/74 OF THE COUNCIL
                                                   of 2 December 1974
              opening, allocating and providing for the administration of a Community tariff quota
              for cocoa butter and a tariff quota for soluble coffee originating in developing countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                      associated countries following the implementation of
                                                               the generalized preference scheme ;
Having regard to the Treaty establishing the Euro­             Whereas tariff preferences have been applied as from
pean Economic Community;                                       the second half of 1971 and whereas it is expedient
                                                               to continue to apply them throughout 1975 ;
Having regard to the proposal from the Commission ;
                                                               Whereas in respect of cocoa butter and soluble coffee
                                                               originating in the countries and territories listed in
Having regard to the Opinion of the European                   the Annex the Community should therefore open for
Parliament ;                                                   1975 two Community tariff quotas within the respec­
                                                               tive limits of 21 600 metric tons and at a customs
                                                               duty of 8% for cocoa butter and of 18 750 metric
Whereas, within the context of UNCTAD, the Euro­               tons and a duty of 9% for soluble coffee ;
pean Economic Community offered to grant tariff
preferences on certain processed agricultural prod­
ucts of Chapters 1 to 24 of the Common Customs                 Whereas, in accordance with Protocol 23 to the
Tariff originating in developing countries ; whereas           Act of Accession (*), the generalized tariff preference
the preferential treatment proposed in that offer              scheme will be fully applicable in the new Member
consists, in respect of certain goods which are subject        States from 1 January 1974 ;
to the trade arrangements laid down in Regulation
(EEC) No 1059/69 , of a reduction in the fixed com­
ponent of the charge applicable to such goods by               Whereas for the said products this scheme would,
virtue of that Regulation, and, in respect of products         however, involve the application in the new Member
which are subject to the single customs duty, of a             States in 1975 of customs duties higher than or very
reduction in such duty ; whereas preferential imports          close to those which will be applied by the new
of the products concerned could be effected without            Member States to non-member countries in general
quantitative restrictions ; whereas it appears appro­          on the basis of the provisions of the abovementioned
priate, however in view of the sensitiveness of the            Act; whereas this situation would comply neither
cocoa butter and soluble coffee sectors generally and          with the spirit nor with the very nature of the gener­
of the need to safeguard the interests of the associa­         alized preference scheme ; whereas, in order to main­
ted countries in this field, to lay down for those two         tain an equivalent preferential margin for these prod­
products special conditions consisting in a reduction          ucts also, reduced customs duties should be applied
of the customs duty applicable to these two products           to them, in accordance with detailed rules based on
within the limits of Community tariff quotas ;                 the principle of maintaining, in the new Member
                                                               States, a preference proportional to that which exists
                                                               between the duties of the Common Customs Tariff
Whereas the offer by the Community includes a                  and the duties given in Article 1 of this Regulation ;
clause stating that it is made on the assumption that          whereas, with a view to granting the beneficiary
the main industrialized countries which are members            developing countries the best possible treatment, in
of the OECD participate in granting preferences and            accordance with the objectives of the preference
make similar efforts in this direction ; whereas, more­        scheme, the duties given in Article 1 should also be
over, it is evident from the conclusions worked out            applied wherever the duties calculated according to
in UNCTAD that this offer, while being of a tempor­            the abovementioned detailed rules prove to be higher
ary nature, does not constitute a binding commit­              than them ;
ment and in particular, may be withdrawn wholly
or in part at a later date ; whereas this possibility may
be adopted inter alia with a view to remedying any
unfavourable situations which might arise in the               O OJ No L 73 , 27. 3 . 1972, p. 14.
 ---pagebreak--- 9 . 12. 74                            Official Journal of the European Communities                         No L 329 / 139
Whereas the benefit of these tariff quotas should be             Whereas, without affecting the Community nature of
reserved for products originating in the countries and           the tariff quotas under consideration, it appears pos­
territories under consideration ; the concept of                 sible to provide temporarily for a utilization scheme
' originating products' being determined in accordance           based on a single allocation among the Member
with the procedure laid down in Article 14 of Council            States ; whereas, moreover, the allocation set out by
Regulation (EEC) No 802/68 (*) of 27 June 1968 on                this Regulation in no way prejudices the possibility
the common definition of the concept of the origin of            of adopting the general method of allocation of
goods ;                                                          Community tariff quotas comprising the setting up
                                                                  of a reserve share ; whereas at this transitional stage
                                                                 it appears feasible that such allocation could be made
Whereas it is necessary to ensure equal and con­                  according to the percentages set in the above table;
tinuous access for all Community importers to the
said quotas and the uninterrupted application of the
rates laid down for these quotas to all imports of the           Whereas the percentage for the shares of the Member
products concerned into all Member States until these             States in the Community tariff quotas, in view of
quotas are us^d up ; whereas, having regard to the                their duration and their amounts, does not appear in
principles set out above, the Community nature of the             this instance to compromise the equal access for
 quota can be respected by allocating the Community               Community importers to Community tariff quotas ;
 tariff quota among Member States ; whereas, more­                whereas for this same reason it would appear ex­
 over, to this end and in the context of the utilization          pedient to allow each Member State to choose the
system, the actual charges against the quota may relate           system for administering its share ;
 only to products which have been entered for home
 use and which are accompanied by a certificate of                Whereas provision should be made for measures
 origin ;                                                         enabling any serious disturbance within the sector
                                                                  of the Community's economic activity to be avoided
                                                                  and to this end, the Commission should be em­
 Whereas the available statistical data as yet cover only         powered to reintroduce in part or in full the normal
 a relatively brief period and whereas, in this particular        duties in order to avoid such disturbance;
 case, they should be weighted on the basis of the
 estimates which may be made in respect of the quota
 year ; whereas the shares in the quota amounts may               Whereas, since the Kingdom of Belgium, the King­
 be set out as follows :                                          dom of the Netherlands and the Grand Duchy of
                                                                  Luxembourg are united in and represented by the
                                                                  Benelux Economic Union, all transactions concerning
                                       metric tons                the administration of the shares allocated to that
                           cocoa butter        soluble coffee     Economic Union may be carried out by any one of
                                                                   its members,
          Germany                 800                900
          Benelux             12 150               1 550
                                                                   HAS ADOPTED THIS REGULATION :
          France                  100                250
                                                                                          Article 1
          Italy                    50                 50
          Denmark                  50                 50           1 . From 1 January to 31 December 1975 Com­
          Ireland                  50                 50           munity tariff quotas shall be opened within the Com­
                                                                   munity for imports of the products listed below and
          United Kingdom       8 400             15 900            under the conditions stated :
  H OJ No L 148 , 28 . 6. 1.968 , p. 1
                                   )
 ---pagebreak--- No L 329/ 140                        Official Journal of the European Communities                                        9 . 12 . 74
                  CCT                                                                       Volume in
                                                                                                            Rate of
                heading                             Description                                metric
                   No                                                                           tons         duty
                 18.04      Cocoa butter, including cocoa fat or oil                         21 600          8%
                 21.02      Extracts or essences of coffee ; preparations with a
                            basis of those extracts or essences :
                            ex A. Extracts or essences of coffee ; preparations with
                                   a basis of those extracts or essences :
                                   — Extracts of coffee or ' soluble coffee' obtained
                                       by a water method of extraction from roasted
                                       coffee, put up in powder form, granulated,
                                       in grains, in tablets or in a similar solid form      18 750          9%
On importation into Denmark, Ireland and the                                 France                     100            250
United Kingdom, there shall be applied to the above­                         Italy                       50             50
mentioned products the customs duties determined
by multiplying, by a coefficient equal to the margin                         Denmark                     50             50
of preferences existing between the duties given in                          Ireland                     50             50
the first subparagraph and the Common Customs
Tariff duties applicable, the duties obtained by reduc­                      United Kingdom           8 400         15 900
ing by 60% the difference between the lowest duty
applied on. 1 January 1972 to the developing coun­                                             Article 3
tries set out in the Annex and the Common Customs
Tariff.
                                                                     1 . The Member States shall ensure free access to
                                                                     each of the shares which have been allocated to them
However, the duties given in the first subparagraph                  for importers of the products concerned who are
shall be applied where the duties resulting from the                 established on their territory.
abovementioned calculation are higher than them .
                                                                     2.  The extent to which shares of Member States
2. These tariff quotas shall apply solely to products                have been actually filled shall be determined on the
originating in the countries and territories listed in               basis of imports of the said goods which have been
the Annex. However, those imports which enjoy                       entered for home use, and which are accompanied
exemption from customs duties under other prefer­                    by a certificate of origin in accordance with the rules
ential tariff arangements granted by the Community                   referred to in Article 1 ( 2).
may not be charged against these tariff quotas .
                                                                    3 . Goods may qualify for a tariff quota only if the
                                                                    certificate of origin referred to in paragraph 2 is
For the purposes of this Regulation the concept of                  submitted before the date on which the levying of
originating products shall be determined in accord­                  duties is re-introduced .
ance with the procedure laid down in Article 14 of
Regulation (EEC) No 802/68 .
                                                                                               Article 4
                        Article 2                                   Member States shall          inform the      Commission at
                                                                     monthly intervals of imports of the products in
The Community Tariff quotas mentioned in Article 1 '                question actually charged against their shares. This
shall be allocated, in respect of each Member State,                information shall show both the value expressed in
in shares the amounts of which are set out below :                   units of account and the quantity expressed in metric
                                                                    tons .
                                 in metric tons
                          cocoa butter soluble coffee                                          Article 5
        Germany                 800               900
                                                                     If the Community should find that the products
        Benelux              12 150             1 550                benefiting under the arrangements provided for in
 ---pagebreak--- 9 . 12. 74                         Official Journal of the European Communities                         No L 329 / 141
Article 1 are being imported into the Community               the date of receipt of the request and shall inform the
in quantities or at prices such as to put or be likely        Member State of the action it has taken .
to put Community producers of similar or directly
competitive products at a serious disadvantage or to          3 . Each Member State may refer the measure taken
create an unfavourable situation in the associated            by the Commission to the Council within a period
countries, the customs duties applied within the              of 10 working days following the date it was noti­
Community may be re-introduced in part or in full             fied . The fact that the matter has been referred to the
for imports of the products in question from the              Council shall not constitute the suspension of the
country or countries or territory or territories which        measure. The Council shall meet without delay.
are the cause of such disadvantage. Such measures             Acting on a qualified majority, it may amend or
may also be taken in the event of a serious disadvan­         repeal the measure in question.
tage, either actual or foreseable, which is confined
to a single region of the Community.                                                   Article 7
                        Article 6                             Articles 5 and 6 shall not prejudice the application
                                                              of the protective clauses drawn up in connection with
1 . In order to ensure that Article 5 is applied, the         the common commercial policy pursuant to Article
Commission may, by way of a Regulation, re-intro­             113 of the Treaty.
duce normal duties for a fixed period .
                                                                                       Article 8
2 . If the Commission has acted at the request of a
Member State, the former shall give its decision              This Regulation shall enter into force on 1 January
within a maximum period of 10 working days from               1975 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels , 2 December 1974.
                                                                                   For the Council
                                                                                     The President
                                                                                J. SAUVAGNARGUES
 ---pagebreak--- No L 329/ 142                      Official Journal of the European Communities                                9 . 12 . 74
                                                       ANNEX
                  List of developing countries and territories enjoying generalized tariff preferences
                                            INDEPENDENT COUNTRIES
Afghanistan                              Honduras                                  Qatar
Algeria                                  India                                     Romania
Argentina                                Indonesia                                 Rwanda
Bahamas                                  Iran                                      Saudi Arabia
Bahrain                                  Iraq                                       Senegal
                                                                                   Sierra Leone
Bangladesh                               Ivory Coast
                                                                                    Singapore
Barbados                                 Jamaica
                                                                                    Somalia
Bhutan                                   Jordan
                                                                                    Sri Lanka
Bolivia                                  Kenya                                      Sudan
Botswana                                 Khmer Republic                             Swaziland
Brazil                                   Korea (South)                              Syria
Burma                                    Kuwait                                     Tanzania
Burundi                                  Laos                                       Thailand
Cameroon                                 Lebanon                                    Togo
Central African Republic                 Lesotho                                    Tonga
Chad                                     Liberia                                    Trinidad and Tobago
Chile                                    Libya                                      Tunisia
Colombia                                 Malagasy Republic                          Uganda
Congo, People's Republic of              Malawi                                     United Arab Emirates :
Costa Rica                               Malaysia                                        Abu Dhabi
Cuba                                     Maldive Islands                                  Dubai
Cyprus                                   Mali                                            Ras al Khaimah
Dahomey                                  Mauritania                                      Fujairah
Dominican Republic                       Mauritius                                       Aiman
Ecuador                                  Mexico                                          Sharjah
Egypt, Arab Republic of                  Morocco                                         Ummal Qaiwain
El Salvador                              Nauru                                      Upper Volta
Equatorial Guinea                        Nepal                                      Uruguay
Ethiopia                                 Nicaragua                                  Venezuela
Fiji                                     Niger                                      Vietnam, Republic of
Gabon                                    Nigeria                                    Western Samoa
Gambia                                   Oman                                       Yemen, People's Democratic
Ghana                                    Pakistan                                   Republic of
Guatemala                                Panama                                     Yemen Arab Republic
Guinea                                   Paraguay                                   Yugoslavia
Guyana                                   Peru                                       Zaïre
Haiti                                    Philippines                                Zambia
 ---pagebreak--- 9 . 12. 74                               Official Journal of the European Communities                                      No L 329 / 143
                                                    COUNTRIES AND TERRITORIES
            dependent or administered, or for whose external relations Member States of the Community
                                           or third countries are wholly or partly responsible
            Afars and Issas (Territory of the)
            Angola (including Cabinda)
            Australien Antartic Territory
            Belize
            Bermuda
            British Antartic Territory
            British Indian Ocean Territory (Aldabra, Farquhar, Chagos Archipelago, Des Roches)
            British Pacific Ocean (*)
            Brunei
            Cape Verde Islands
            Cayman Islands and Dependencies
            Christmas Island
            Cocos (Keeling) Islands
            Comoro Archipelago
            Corn Islands and Swan Islands
            Falkland Islands and Dependencies
           French Polynesia
            French Southern and Antartic Territories
            Gibraltar
            Heard Island and MacDonald Islands
            Hong Kong
            Leeward Islands (2 )
            Macao
            Mozambique
            Netherlands Antilles
            New Caledonia and Dependencies
            Norfolk Islands
            Pacific Islands administered by the United States of America or under United States trusteeship (s)
            Papua-New Guinea
            Portuguese Guinea
            Portuguese Timor
            St Helena (including Ascension, Gough Island, and Tristan da Cunha)
            Saint Pierre and Miquelon
            Sao Thomé and Principe
            Seychelles (including Amirantes)
            Sikkim
            Spanish territories in Africa
            Surinam
           Territories for which New Zealand is responsible (Cook Islands, Niuwe Island, Tokelau Islands
               and Ross Dependency)
            Turks and Caocos Islands
            Virgin Islands of the United States (St Croix, St Thomas, St John, etc.)
           Wallis and Futuna Islands
            Windward Islands (4)
           Note: The above lists may by amended subsequently to take account of changes in the inter­
                     national status of countries or territories .
           (') Gilbert and Ellice Islands , British Solomon Islands . New Hebrides Condominium , and Pitcairn Islands .
           (2) Antigua, Montserrat, St Kitts-Nevis-Anguilla , British Virgin Islands .
           (3) The Pacific Islands administered by the United States of America include Guam, American Samoa (including
               Swain's Island), Midway Islands, Johnston and Sand Islands, Wake Island and the Trust Territory of the Pacific
               Islands (the Caroline , Marianas and Marshall Islands).
           (') Dominica , Grenada , St Lucia , St Vincent .