31974R3056

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.

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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 Whereas the percentage for the shares of the Member rates laid down for these quotas to all imports of the States in the Community tariff quotas, in view of products concerned into all Member States until these their duration and their amounts, does not appear in quotas are us^d up ; whereas, having regard to the this instance to compromise the equal access for principles set out above, the Community nature of the Community importers to Community tariff quotas ; quota can be respected by allocating the Community whereas for this same reason it would appear ex­ tariff quota among Member States ; whereas, more­ 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 Whereas, since the Kingdom of Belgium, the King­ year ; whereas the shares in the quota amounts may 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 )

No L 329 / 140 Official Journal of the European Communities 9 . 12 . 74

CCT Volume in metric Rate of heading Description 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 50 50 Italy mentioned products the customs duties determined Denmark 50 50 by multiplying, by a coefficient equal to the margin of preferences existing between the duties given in Ireland 50 50 the first subparagraph and the Common Customs United Kingdom 8 400 15 900 Tariff duties applicable, the duties obtained by reduc­ 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 referred to in Article 1 ( 2 ). ential tariff arangements granted by the Community 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

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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

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 India Romania Algeria Indonesia Rwanda Argentina Iran Saudi Arabia Bahamas 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 Malawi United Arab Emirates : Congo, People's Republic of Costa Rica Malaysia Abu Dhabi Cuba Maldive Islands Dubai Mali Ras al Khaimah Cyprus 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

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 .