31975R3012

141 29 . 11 . 75 Official Journal of the European Communities

REGULATION (EEC) No 3012/75 OF THE COUNCIL

of 17 November 1975

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, arise in the ACP States following the implementation of the generalized preference scheme; Having regard to the Treaty establishing the European Economic Community ; Whereas tariff preferences have been applied as from the second half of 1971 ; whereas it is expedient to Having regard to the proposal from the Commission ; continue to apply them throughout 1976;

Having regard to the Opinion of the European Parliament ( 1 ); Whereas in respect of cocoa butter and soluble coffee originating in the countries and territories listed in the Annex the Community should therefore open for Whereas, within the context of UNCTAD , the 1976 two Community tariff quotas within the respec­ European Economic Community offered to grant tive limits of 21 600 metric tons and at a customs tariff preferences on certain processed agricultural duty of 8% for cocoa butter and of 18 750 metric products of Chapters 1 to 24 of the Common tons and a duty of 9% for soluble coffee ; Customs Tariff originating in developing countries ; whereas the preferential treatment proposed in that offer consists, in respect of certain goods which are Whereas, in accordance with Protocol 23 to the Act subject to the trade arrangements laid down in of Accession (2) the generalized tariff preference Regulation (EEC) No 1059/69, of a reduction in the scheme became fully applicable in the new Member fixed component of the charge applicable to such States on 1 January 1974 ; goods by virtue of that Regulation, and, in respect of products which are subject to the single customs duty, of a reduction in such duty ; whereas preferential imports of the products concerned could be effected Whereas for the said products this scheme would, without quantitative restrictions ; whereas it appears however, involve the application in the new Member appropriate, however, in view of the sensitiveness of States in 1976 of customs duties higher than or very the cocoa butter and soluble coffee sectors generally close to those which will be applied by the new and of the need to safeguard the interests of the ACP Member States to non-member countries in general States in this field, to lay down for those two on the basis of the provisions of the abovementioned products special conditions consisting in a reduction Act ; whereas this situation would comply neither of the customs duty applicable to these two products with the spirit nor with the very nature of the gener­ within the limits of Community tariff quotas ; alized preference scheme ; whereas, in order to main­ tain an equivalent preferential margin for these prod­ ucts also, reduced customs duties should be applied Whereas the offer by the Community includes a to them, in accordance with detailed rules based on clause stating that it is made on the assumption that the principle of maintaining, in the new Member the main industrialized countries which are members States, a preference proportional to that which exists of the OECD participate in granting preferences and between the duties of the Common Customs Tariff make similar efforts in this direction ; whereas , and the duties given in Article 1 of this Regulation ; moreover, it is evident from the conclusions worked whereas, with a view to granting the beneficiary out in UNCTAD that this offer, while being of a developing countries the best possible treatment, in temporary nature, does not constitute a binding accordance with the objectives of the preference commitment and in particular, may be withdrawn scheme, the duties given in Article 1 should also be wholly or in part at a later date ; whereas this applied wherever the duties calculated according to possibility may be adopted inter alia with a view to remedying any unfavourable situations which might

(*) OJ No C 257, 10 . 11 . 1975 , p. 30 . ( 2) OJ No L 73 , 27. 3 . 1972 , p. 14.

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the abovementioned detailed rules prove to be higher Whereas, without affecting the Community nature of than them ; the tariff quotas under consideration, it appears poss­ ible to provide temporarily for a utilization scheme Whereas the benefit of these tariff quotas should be based on a single allocation among the Member reserved for products originating in the countries and States ; whereas, moreover, the allocation set out by territories under consideration ; the concept of this Regulation in no way prejudices the possibility 'originating products' being determined in accordance of adopting the general method of allocation of Community tariff quotas comprising the setting up with the procedure laid down in Article 14 of Council of a reserve share ; whereas at this transitional stage Regulation (EEC) No 802/68 (*) of 27 June 1968 on it appears feasible that such allocation could be made the common definition of the concept of the origin of goods; according to the percentages set out in the above table ; Whereas - it is necessary to ensure equal and con­ Whereas the percentage for the shares of the Member tinuous access for all Community importers to the States in the Community tariff quotas, in view of said quotas and the uninterrupted application of the their duration and their amounts, does not appear in rates laid down for these quotas to all imports of the this instance to compromise the equal access for products concerned into all Member States until these Community importers to Community tariff quotas ; quotas are used up ; whereas, having regard to the whereas for this same reason it would appear ex­ principles set out above, the Community nature of the pedient to allow each Member State to choose the quota can be respected by allocating the Community system for administering its share; tariff quota among Member States ; whereas, more­ over, to this end and in the context of the utilization Whereas provision should be made for measures system, the actual charges against the quota may enabling any serious disturbance within the sector of relate only to products which have been entered for the Community's economic activity to be avoided, home use and which are accompanied by a certificate and to this end the Commission should be em­ of origin; powered to re-introduce in part or in full the normal duties in order to avoid such disturbance ; Whereas the available statistical data as yet cover only a relatively brief period ; whereas, in this particular Whereas, since the Kingdom of Belgium, the King­ case, they should be weighted on the basis of the dom of the Netherlands and the Grand Duchy of estimates which may be made in respect of the quota Luxembourg are united in and represented by the year ; whereas the shares in the quota amounts may Benelux Economic Union, all transactions concerning be set out as follows : the administration of the shares allocated to that metric tons Economic Union may be carried out by any one of cocoa butter soluble coffee its members, Germany 800 900

Benelux 12 150 1550 HAS ADOPTED THIS REGULATION : France 100 250 Article 1 Italy 50 50

Denmark 50 50 1 . From 1 January to 31 December 1976 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 . 1968 , p. 1 .

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CCT Volume in Rate heading Description metric tons of duty No

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%

metric tons On importation into Denmark, Ireland and the cocoa butter soluble coffee United Kingdom, there shall be applied to the above­ mentioned products the customs duties determined 800 Germany 900 by multiplying, by a coefficient equal to the margin Benelux 12 150 1550 of preferences existing between the duties given in the first subparagraph and the Common Customs France 100 250 Tariff duties applicable, the duties obtained by reduc­ ing by 80% the difference between the lowest duty Italy 50 50 applied on 1 January 1972 to the developing coun­ Denmark 50 50 tries set out in the Annex and the Common Customs Tariff. Ireland 50 50

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 each of the shares which have been allocated to them for importers of the products concerned who are 2. These tariff quotas shall apply solely to products established on their territory. originating in the countries and territories listed in the Annex. However, those imports which enjoy 2. The extent to which shares of Member States exemption from customs duties under other prefer­ have been actually filled shall be determined on the ential tariff arangements granted by the Community basis of imports of the said goods which have been may not be charged against these tariff quotas . entered for home use, and which are accompanied by a certificate of origin in accordance with the rules referred to in Article 1 (2). For the purposes of this Regulation the concept of originating products shall be determined in accord­ 3 . Goods may qualify for a tariff quota only if the ance with the procedure laid down in Article 14 of certificate of origin referred to in paragraph 2 is Regulation (EEC) No 802/ 68 . submitted before the date on which the levying of duties is re-introduced.

Article 4 Article 2 Member States shall inform the Commission at monthly intervals of imports of the products in question actually charged against their shares. This The Community tariff quotas mentioned in Article 1 information shall show both the value expressed in shall be allocated, in respect of each Member State, units of account and the quantity expressed in metric in shares the amounts of which are set out below : tons .

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Article 5 within a maximum period of 10 working days from the date of receipt of the request and shall inform the If the Community should find that the products Member State of the action it has taken. benefiting under the arrangements provided for in Article 1 are being imported into the Community 3 . Each Member State may refer the measure taken in quantities or at prices such as to put or be likely by the Commission to the Council within a period to put Community producers of similar or directly of 10 working days following the date it was noti­ competitive products at a serious disadvantage or to fied. The fact that the matter has been referred to the create an unfavourable situation in the ACP States, Council shall not constitute the suspension of the the customs duties applied within the Community measure. The Council shall meet without delay. may be re-introduced in part or in full for imports Acting on a qualified majority, it may amend or of the products in question from the country or repeal the measure in question. countries or territory or territories which are the cause of such disadvantage. Such measures may also be taken in the event of a serious disadvantage, Article 7 either actual or foreseeable, which is confined to a single region of the Community. Articles 5 and 6 shall not prejudice the application of the protective clauses drawn up in connection with the common commercial policy pursuant to Article 6 Article 113 of the Treaty.

1 . In order to ensure that Article 5 is applied, the Commission may, by way of a Regulation, re-intro­ Article 8 duce normal duties for a fixed period.

2. If the Commission has acted at the request of a This Regulation shall enter into force on 1 January Member State, the former shall give its decision 1976 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 17 November 1975 .

For the Council

The President

E. COLOMBO

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ANNEX

List of developing countries and territories enjoying generalized tariff preferences

INDEPENDENT COUNTRIES

Afghanistan Haiti Qatar Algeria Honduras Romania Argentina India Rwanda Bahamas Indonesia Saudi Arabia Bahrain Iran Senegal Bangladesh Iraq Sierra Leone Barbados Ivory Coast Singapore Bhutan Jamaica Somalia Bolivia Jordan Sri Lanka Botswana Kenya Sudan Brazil Khmer Republic Surinam Burma Korea ( South ) Swaziland Burundi Kuwait Syria Cameroon Laos Tanzania Lebanon Cape Verde Islands Thailand Lesotho Central African Republic Togo Chad Liberia Tonga Chile Libya Trinidad and Tobago Colombia Malagasy Republic Tunisia Malawi Congo, People's Republic of Uganda Costa Rica Malaysia United Arab Emirates : Cuba Maldive Islands Abu Dhabi Mali Cyprus Dubai Mauritania Ras al Khaimah Dahomey Dominican Republic Mauritius Fujairah Ecuador Mexico Ajman Morocco Sharjah Egypt, Arab Republic of 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 Grenada Panama Yemen Arab Republic Guatemala Papua New Guinea Yugoslavia Guinea Paraguay Zaïre Guinea Bissau Peru Zambia Guyana Philippines

146 Official Journal of the European Communities 29 . 11 . 75

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, Desroches) British Pacific Ocean (1) Brunei 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 McDonald Islands Hong Kong Leeward Islands (2) Macao Mozambique Netherlands Antilles New Caledonia and Dependencies Norfolk Island Pacific Islands administered by the United States of America or under United States trusteeship (3 ) Portuguese Timor St Helena (including Ascension, Gough Island, and Tristan da Cunha) Saint Pierre and Miquelon Sâo Tome and Principe Seychelles (including Amirantes) Sikkim Spanish territories in Africa Territories for which New Zealand is responsible ( Cook Islands, Niue Island, Tokelau Islands and Ross Dependency) Turks and Caicos 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.

(l) Gilbert Islands, Tuvalu, British Solomon Islands, New Hebrides Condominium, and Pitcairn Islands . (*) Antigua , Montserrat, St Kitts-Nevis-Anguilla , British Virgin Islands . (s) 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, St Lucia, St Vincent.