CELEX: 31986R4011
Language: en
Date: 1986-12-16 00:00:00
Title: Council Regulation (EEC) No 4011/86 of 16 December 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

31 . 12 . 86                             Official Journal of the European Communities                                 No L 374 / 13
                                        COUNCIL REGULATION ( EEC ) No 4011 / 86
                                                       of 16 December 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 ,                           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
                                                                    estimated as being the following:
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 28
thereof,                                                                                              09.01 A I a )     18.01
                                                                    Benelux                               0,83           1,72
                                                                    Denmark                               0,22           0,01
                                                                    Germany                               2,23           2,48
                                                                    Greece                                0,11           0,12
Having regard to the draft Regulation from the
Commission ,                                                        Spain                                95,00          95,00
                                                                    France                                0,57           0,21
                                                                    Ireland                               0,01           0,01
                                                                    Italy                                 0,76           0,15
                                                                    Portugal                              0,05           0,01
                                                                    United Kingdom                        0,22           0,29
Whereas in the context of the accession negotiations , and
so as to take into account the traditional trade flows
between Spain and Latin America , the Community
proposes that , for the first three years of the transitional
period , duty-free autonomous Community tariff quotas be            Whereas , to take account of the possible import trends for
opened of 40 000 tonnes for coffee , unroasted and not              these products , the quota volumes should be divided into
freed of caffeine falling within subheading 09.01 A 1 a ) of        two parts , the first being allocated between the Member
the Common Customs Tariff and of 10 000 tonnes for                  States and the second held as a reserve to cover any
cocoa beans , whole or broken , falling within heading              subsequent requirements of Member States which have
No 18.01 of the Common Customs Tariff; whereas                      used up their initial share ; whereas , to give importers some
these quotas should be opened for their second year                 degree of certainty , the first instalment of Community tariff
of application , namely for the period 1 January to                 quotas should be fixed at a high level , which in this case
31 December 1987 ;                                                  could be about 99 % of the quota amounts ;
Whereas , in particular , equal and continuous access to the        Whereas initial shares may be used up at different rates ;
quotas should be ensured for all importers , and the rate of        whereas , to avoid disruption of supplies on this account , it
duty for the tariff quotas should be applied consistently to        should be provided that any Member State which has
all imports until the quota is exhausted ; whereas , in the         almost used up its initial share should draw an additional
light of these principles , arrangements for the utilization of     share from the reserve; whereas each time its additional
the tariff quotas based on an allocation among Member               share is almost used up a Member State should draw a
States would seem to be consistent with the Community               further share and so on as many times as the reserve
                                                                    allows ; whereas the initial and additional shares should be
nature of the quotas ; whereas, to correspond as closely as
possible to the actual trend in the market in the products in       valid until the end of the quota period ; whereas this form
question , allocation of the quotas should be in proportion         of administration requires close collaboration between the
to the requirements as calculated by reference to statistics        Member States and the Commission , and the Commission
of imports from third countries during a representative             must be in a position to keep account of the extent to
reference period and to the economic outlook for the quota          which the quotas have been used up and to inform the
period in question ;                                                Member States accordingly ;
                                                                    Whereas if, at a given date in the quota period a
Whereas , however, it has not been possible to collect              considerable quantity of a Member State's initial share
complete and accurate statistical data on all Member                remains unused it is essential that such State should return
States' imports of the products in question from third              a significant proportion thereof to the reserve in order to
countries that do not benefit from an equivalent tariff             prevent a part of the Community tariff quotas from
 ---pagebreak---  No L 374 / 14                                 Official Journal of the European Communities                                        31 . 12 . 86
 remaining unused in one Member State while it could be                      HAS ADOPTED THIS REGULATION :
 used in others :
 Whereas, since the Kingdom of Belgium , the Kingdom of                                                 Article 1
 the Netherlands and the Grand Duchy of Luxembourg are
 united within and jointly represented by the Benelux                         1 . From 1 January to 31 December 1987 , the Common
 Economic Union , any measure concerning the                                 Customs Tariff duties on the following products shall be
 administration of the shares allocated to that economic                     suspended at the level and within the limit of Community
 union may be carried out by any one of its members ,                        rariff quotas as shown herewith :
                      CCT heading                                                                               Quota          Duty of
    Order No                                                         Description                               volume
                           No                                                                                                tariff quota
                                                                                                              ( tonnes )          (%)
     09.1933     09.01 A I a )               Coffee , unroasted and not freed of caffeine                     40 000               0
    09.1935      18.01                       Cocoa beans , whole or broken                                    10 000               0
 2 . Imports of the products in question may not be charged                  equal to 10 % of its initial share, rounded up as necessary
 against this tariff quota if they are already free of customs               to the next whole number .
duties under other preferential tariff arrangements .
                                                                             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 , in
                            Article 2
                                                                             the manner and to the extent provided in paragraph 1 ,
                                                                             draw a third share equal to 5 % of its initial share, rounded
 1 . The Community tariff quotas referred to in Article 1                    up as necessary to the whole number .
shall be divided into two instalments .
                                                                             3 . If a Member State , after exhausting one or the other of
2 . A first instalment of 39 500 and 9 900 tonnes                            its second shares , has used 90 % or more of the third share
respectively , shall be allocated among the Member States ;                 drawn by it , that Member State shall in the manner and to
the shares which , subject to Article 5 , shall be valid from               the extent provided in paragraph 1 , draw a fourth share
1 January to 31 December 1987 shall be as follows :                         equal to the third .
                                                                             This process shall apply until each of the reserves is used
                                                                            up .
                                 09.01 A I a )            18.01
Benelux                                 326                 170             4 . By way of derogation from paragraphs 1 , 2 and 3 , each
Denmark                                  88                    1            Member State may draw shares lower than those specified
Germany                                 880                245              in those paragraphs if there are grounds for believing that
Greece                                   43                  12             those specified may not be used in full . Any Member State
Spain                              37 525                9 405              applying this paragraph shall inform the Commission of its
France                                 226                   21             grounds for so doing.
Ireland                                    1                   1
Italy                                  301                   15
Portugal                                 22                    1
United Kingdom                           88                  29
                                                                                                        Article 4
                                                                            Additional shares drawn pursuant to Article 3 shall be valid
3 . The second instalment , of 500 and 100 tonnes                           until 31 December 1987 .
respectively, shall constitute the corresponding reserve .
                                                                                                        Article 5
                            Article 3
                                                                            Member States shall , not later than 1 October 1987 , return
1 . If a Member State has used 90 % or more of one of its                   to the reserve the unused portion of each of their initial
initial shares as fixed in Article 2 ( 2 ), or of that share minus          shares which , on 15 September 1987 , is in excess of 20 %
any portion returned to the reserve pursuant to Article 5 , it              of the initial volume. They may return a greater portion if
shall forthwith , by notifying the Commission , draw a                      there are grounds for believing that it may not be used in
second share , to the extent that the reserve so permits ,                  full .
 ---pagebreak--- 31 . 12 . 86                               Official Journal of the European Communities                              No L 374 / 15
Member States shall , not later than 1 October 1987 , 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 1987               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
opened 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 1987 , 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 . Member States shall take all appropriate measures to
ensure that additional shares drawn pursuant to Article 3
are opened in such a way that importation may be charged                                       Article 10
without interruption against their accumulated shares of
the Community quota .                                                 This Regulation shall enter into force on 1 January 1987 .
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels , 16 December 1986 .
                                                                                          For the Council
                                                                                            The President
                                                                                             G. HOWE