Council Regulation (EEC) No 3909/92 of 30 December 1992 amending Regulation (EEC) No 430/87 concerning the import arrangements applicable to certain products covered by CN codes 0714 10 and 0714 90 and coming from certain third countries

COUNCIL REGULATION (EEC) N°  3909/92 of 30 December 1992 amending Regulation (EEC) N° 430/87 concerning the import arrangements  applicable to certain products covered by CN codes 0714 10 and 0714 90 and coming from certain  third countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article  113 thereof,
Having regard to the proposal from the Commission,
Whereas Regulation (EEC) N° 430/87  (1) lay down the arrangements applying to manioc and similar  products originating in certain third countries and subject on import into the Community to a levy  of not more than 6 % ad valorem, which arrangements expire on 31 December 1992 as regards on the  one hand Indonesia and the other present Contracting Parties to the GATT and on the other hand  China and other third countries which are not Contracting Parties to the Gatt;
Whereas the Cooperations Agreement between the European Economic Community and the Kingdom of  Thailand on manioc production, marketing and trade, the renewal of which was approved by Decision  90/637/ EEC  (2), remains in force for successive four-year periods; whereas the current period  expires at the end of 1994;
Whereas the agreements with Indonesia and Brazil  (3) and the other supplier countries which are  Contracting Parties to the General Agreement on Tariffs and Trade (GATT), which are the result of  negotiations conducted pursuant to Article XXVIII of the GATT with a view to a temporary suspension  of the tariff concession granted by the Community on imports of products falling within former  subheading 07.06 A of the Common Customs Tariff, remain in force during the period 1 January 1993  to 31 December 1995; whereas the agreements authorize the Community to suspend that concession;
Whereas the consultations on the subject between the Community and the Republic of Indonesia have  given rise to a mutually satisfactory solution involving replacing the annual quota of 825 000  tonnes of manioc and similar products set aside for Indonesia by an overall quota of 2 475 000  tonnes which may be imported into the Community during the period 1 January 1993 to 31 December  1995 under arrangements providing for some flexibility;
Whereas the Community has undertaken vis-á-vis the Contracting Parties to the GATT to accept  certain quantities of the products in question at a levy subject to a ceiling of 6 % ad valorem  during the period of suspension of the existing binding; whereas, by virtue of the most-favoured  nation clause, the Community must treat third countries which are not Contracting Parties to the  GATT qualifying under that clause in the same way; whereas, by virtue of that undertaking, the  quantities of imports of products originating in China and in other countries which are not  Contracting Parties to the GATT and which qualify for a levy subject to a ceiling of 6 % ad valorem  should be fixed;
Whereas consultations have taken place pursuant to Article 6 of the Agreement on Trade and Economic  Cooperations between the European Economic Community and the People's Republic of China  (4) as  regards imports into the Community of manioc covered by CN codes 0714 10 91, 0714 10 99, 0714 90 11  and 0714 90 19; whereas those consultations have given rise to a mutually satisfactory solution  involving on the one hand a restriction by China of its exports during the period 1 January 1993  and 31 December 1995 to an overall quantity of 1 050 000 tonnes of manioc and similar products and  on the other hand the authorization by the Community of imports of such quantities at a levy  subject to a ceiling of 6 % ad valorem under arrangements providing for some flexibility;
Whereas the quantities which may be exported each year by the other third countries which are not  Contracting Parties to the GATT in 1993, 1994 and 1995 should be fixed at the level in force in  1990, 1991 and 1992,