31973R3507
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REGULATION (EEC) No 3507/73 OF THE COUNCIL of 18 December 1973
opening, allocating and providing for the administration of a tariff quota for cocoa butter and a tariff quota for soluble coffee originatingTin developing countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas in respect of cocoa butter and soluble coffee originating in the countries and territories listed in Annex A the Community should therefore open for Having regard to the Treaty establishing the Euro 1974 two Community tariff quotas within the respec tive limits of 21 600 metric tons and at a customs pean Economic Community; duty of 8% for cocoa butter and of 18 750 metric tons and a duty of 9% for soluble coffee; Having regard to the proposal from the Commission ;
Whereas, in accordance with Protocol No 23 to the Whereas, within the context of UNCTAD, the Euro Act of Accession (1), the generalized tariff preference pean Economic Community offered to grant tariff scheme will be fully applicable in the new Member preferences on certain processed agricultural prod ucts of Chapters 1 to 24 of the Common Customs States from 1 January 1974; Tariff originating in developing countries ; whereas the preferential treatment proposed in that offer consists, in respect of certain goods which are subject Whereas for the said products this scheme would, to the trade arrangements laid down in Regulation however, involve the application in the new Member (EEC) No 1059/69, of a reduction in the fixed com States in 1974 of customs duties higher than or very ponent of the charge applicable to such goods by close to those which will be applied by the new virtue of that Regulation, and, in respect of products Member States to non-member countries in general which are subject to the single customs duty, of a bn the basis of the provisions of the abovementioned reduction in such duty; whereas preferential imports Act; whereas this situation would comply neither of the products concerned could be effected without with the spirit nor with the very nature of the gener quantitative restrictions ; whereas it appears appro alized preference scheme; whereas, in order to main priate, however in view of the sensitiveness of the tain an equivalent preferential margin for these prod cocoa butter and soluble coffee sectors generally and ucts also, reduced customs duties should be applied of the need to safeguard the interests of the associa to them, in accordance with detailed rules based on ted countries in this field, to lay down for those two the principle of maintaining, in the new Member products special conditions consisting in a reduction States, a preference proportional to that which exists of the customs duty applicable to these two products between the duties of the Common Customs Tariff within the limits of Community tariff quotas ; and the duties given in Article 1 of this Regulation ; whereas, with a view to granting the beneficiary developing countries the best possible treatment, in Whereas the offer by the Community includes a accordance with the objectives of the preference clause stating that it is made on the assumption that scheme, the duties given in Article 1 should also be the main industrialized countries which are members applied wherever the duties calculated according to of the OECD participate in granting preferences and the abovementioned detailed rules prove to be higher make similar efforts in this direction ; whereas, more than them ; over, it is evident from the conclusions worked out in UNCTAD that this offer, while being of a tempo rary nature, does not constitute a binding commit ment and in particular, may be withdrawn wholly Whereas the benefit of these tariff quotas should be or in part at a later date; whereas this possibility may reserved for products originating in the countries and be adopted inter alia with a view to remedying any territories under consideration ; whereas to this end, unfavourable situations which might arise in the the provisions concerning the definition of the con associated countries following the implementation of cept of 'originating products' should be applied in the generalized preference scheme ; respect of the implementation of the tariff preferences
Whereas tariff preferences have been applied as from the second half of 1971 and whereas it is expedient to continue to apply them throughout 1974; (x) OJ No L 76 , 27. 3 . 1972, p. 14.
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granted by the Community to the products from the based on a single allocation among the Member developing countries, for the period from 1 January States ; whereas, moreover, the allocation set out by to 31 December 1974 ; whereas, provision should be this Regulation in no way prejudices the possibility made, however, for an amendment to be made to of adopting the general method of allocation of list A annexed to these provisions concerning cocoa Community tariff quotas comprising the setting up butter ; of a reserve share; whereas at this transitional stage it appears feasible that such allocation could be made according to the percentages set in the above table; Whereas it is necessary to ensure equal and con tinuous access for all Community importers to the said Whereas the percentage for the shares of the Member quotas and the uninterrupted application of the rates States in the Community tariff quotas, in view of laid down for these quotas to all imports of the their duration and their amounts, does not appear in products concerned into all Member States until this instance to compromise the equal access for these quotas are used up ; whereas, having regard to Community importers to Community tariff quotas ; the principles set out above, the Community nature whereas for this same reason it would appear ex of the quota can be respected by allocating the Com pedient to allow each Member State to choose the munity tariff quota among Member States ; whereas, moreover, to this end and in the context of the utili system for administering its share ; zation system, the actual charges against the quota may relate only to products which have been entered Whereas provision should be made for measures for home use and which are accompanied by a certi enabling any serious disturbance within the sector ficate of origin; of the Community's economic activity to be avoided and to this end, the Commission should be em powered to reintroduce in part or in full the normal Whereas the available statistical data cover only a duties in order to avoid such disturbance ; relatively brief period and whereas, in this particular case, they should be weighted on the basis of the Whereas, since the Kingdom of Belgium, the King estimates which may be made in respect of the quota dom of the Netherlands and the Grand Duchy of year; whereas the shares in the quota amounts may be set out as follows : Luxembourg are united in and represented by the Benelux Economic Union, all transactions concerning the administration of the shares allocated to the metric tons Benelux Economic Union may be carried out by any cocoa butter soluble coffee one of its Members, Germany 800 900 Benelux 12 150 1550 France 100 250 50 HAS ADOPTED THIS REGULATION : Italy 50 Denmark 50 50 Ireland 50 50 Article 1 United Kingdom 8 400 15 900
1 . From 1 January to 31 December 1974 two Com Whereas, without affecting the Community nature of munity tariff quotas shall be opened within the Com the tariff quotas under consideration, it appears pos munity for imports of the products listed below and sible to provide temporarily for a utilization scheme under the conditions stated :
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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%
ttt metric tons On importation into Denmark, Ireland and the United Kingdom, there shall be applied to the above cocoa butter soluble coffee mentioned products the customs duties determined by multiplying, by a coefficient equal to the margin Germany 800 900 of preferences existing between the duties given in Benelux 12 150 1 550 the first subparagraph and the Common Customs France 100 250 Tariff duties applicable, the duties obtained by reduc Italy 50 50 ing by 40°/o the difference between the lowest duty Denmark 50 50 applied on 1 January 1972 to the developing coun tries set out in Annex A and the Common Customs Ireland 50 50 Tariff. United Kingdom 8 400 15 900
However, the duties given in the first subparagraph Article 3 shall be applied where the duties resulting from the abovementioned calculation are higher than them . 1 . The Member States shall ensure free access to the share which has been allocated to them for im 2. These tariff quotas shall apply solely to products porters of the products concerned who are estab originating in the countries and territories listed in lished on their territory. Annex A. However, those imports which enjoy exemption from customs duties under other prefer 2. The extent to which shares of Member States ential tariff arrangements granted by the Community have been actually filled shall be determined on the may not be charged against these tariff quotas. basis of imports of the said goods which have been entered for home use, on the basis of the customs For the purposes of implementing this Regulation value of the said goods, and which are accompanied the concept of originating products shall be that laid by a certificate of origin in accordance with the rules down by the provisions of Commission Regulation referred to in Article 1 (2). (EEC) No 3614/73 (1), applicable to the products bene fiting from tariff preferences granted by the Com 3 . Goods may qualify for a tariff quota only if the munity to the developing countries for the period certificate of origin referred to in paragraph 2 is from 1 January to 31 December 1974. submitted before the date on which the levying of duties is reintroduced.
Article 2 Article 4 The Community Tariff quotas mentioned in Article 1 Member States shall inform the Commission at shall be allocated, in respect of each Member State, in shares the amounts of which are set out below : monthly intervals of imports of the products in question actually charged against their shares. This information shall show both the value expressed in units of account and the quantity expressed in metric (x) See p. 132 of this Official Journal . tons .
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Article 5 2. It the Commission has acted at the request of a Member State, the former shall give its decision within a maximum period of ten working days from If the Community should find that the products the date of receipt of the request and shall inform the benefiting under the arrangements provided for in Member State of the action it has taken. Article 1 are being imported into the Community in quantities or at prices such as to put or be likely 3 . Each Member State may refer the measure taken to put Community producers of similar or directly by the Commission to the Council within a period competitive products at a serious disadvantage or to of ten working days following the date it was noti create an unfavourable situation in the associated fied. The fact that the matter has been referred to the countries, the customs duties applied within the Council shall not constitute the suspension of the Community may be reintroduced in part or in full measure. The Council shall meet without delay. for imports of the products in question from the Acting on a qualified majority, it may amend or country or countries or territory or territories which repeal the measure in question. are the cause of such disadvantage. Such measures may also be taken in the event of a serious disadvan Article 7 tage, either actual or foreseeable, which is confined to a single region of the Community. Article 5 and 6 shall not prejudice the application of the protective clauses drawn up in connection with the common commercial policy pursuant to Article Article 6 113 of the Treaty.
Article 8 1 . In order to ensure that Article 5 is applied, the Commission may, by way of a Regulation, reintro This Regulation shall enter into force on 1 January duce normal duties for a fixed period. 1974 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 18 December 1973 .
For the Council The President
J. CHRISTENSEN
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ANNEX A
List of developing countries and territories enjoying generalized tariff preferences
INDEPENDENT COUNTRIES
Afghanistan India Rwanda Algeria Indonesia Saudi Arabia Argentina Iran Senegal Bahamas Iraq Sierra Leone Êahrain Ivory Coast Singapore Bangladesh Jamaica Somalia Barbados Jordan Sri Lanka Bhutan Kenya Sudan Bolivia Khmer Republic Swaziland Botswana Korea ( South) Syria Brazil Kuwait Tanzania Burma Laos Thailand Burundi Lebanon Togo Cameroon Lesotho Tonga Central African Republic Liberia Trinidad and Tobago Chad Libya Tunisia Chile Malagasy Republic Uganda Colombia Malawi United Arab Emirates : Congo, People's Republic of Malaysia Abu Dhabi Costa Rica Maldive Islands Dubai Cuba Mali Ras al Khaimah Cyprus Mauritania Fujairah Dahomey Mauritius Ajman Dominican Republic Mexico Sharjah Ecuador Morocco Ummal Qaiwain Nauru Upper Volta Egypt, Arab Republic of El Salvador Nepal Uruguay Equatorial Guinea Nicaragua Venezuela Ethiopia Niger Vietnam, Republic of Fiji Nigeria Western Samoa Gabon Oman Yemen, People's Democratic Republic of Gambia Pakistan Yemen Arab Republic Ghana Panama Yugoslavia Guatemala Paraguay Zaire Guinea Peru Zambia Guyana Philippines Haiti Qatar Honduras Romania
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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) Australian Antarctic Territory Belize Bermuda British Antarctic 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 Antarctic 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 (3 ) Papua-New Guinea Portuguese Guinea Portuguese Timor St Helena (including Ascension, Gough Island , and Tristan da Cunha) Saint Pierre and Miquelon Sao Tome 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 be amended subsequently to take account of changes in the inter national status of countries or territories .
p) 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). (4) Dominica, Grenada, St Lucia, St Vincent.
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ANNEX B
In List A annexed to the provisions referred to in Article 1 (2), second subparagraph, the following heading shall be inserted with the corresponding rule :
Products obtained Working or processing that does Working or processing that confers not confer the status of the status of 'originating products' when following conditions CCT 'originating products' are met Description heading No
18.04 Cocoa butter, Manufacture from including ' originating' cocoa beans cocoa fat or oil