31976R3027
20 . 12 . 76 Official Journal of the European Communities No L 349 / 145
COUNCIL REGULATION (EEC) No 3027/76 of 13 December 1976 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 , 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 Having regard to the Treaty establishing the arise in the ACP States following the implementation European Economic Community, of the generalized preference scheme ;
Having regard to the proposal from the Commission, Whereas tariff preferences have been applied as from the second half of 1971 ; whereas it is expedient to continue to apply them throughout 1977 ; Having regard to the opinion of the European Parliament (*), Whereas in respect of cocoa butter and soluble coffee Whereas , within the context of UNCTAD , the originating in the countries and territories listed in European Economic Community offered to grant the Annex the Community should therefore open for tariff preferences on certain processed agricultural 1977 two Community tariff quotas within the respec products of Chapters 1 to 24 of the Common tive limits of 21 600 metric tons and at a customs Customs Tariff originating in developing countries ; duty of 8% for cocoa butter and of 18 750 metric whereas the preferential treatment proposed in that tons and a duty of 9% for soluble coffee ; offer consists , in respect of certain goods which are subject to the trade arrangements laid down in Regulation (EEC ) No 1059/69 , of a reduction in the Whereas, in accordance with Protocol 23 to the Act fixed component of the charge applicable to such of Accession (2), the generalized tariff preference goods by virtue of that Regulation, and, in respect of scheme became fully applicable in the new Member products which are subject to the single customs duty, States on 1 January 1974 ; of a reduction in such duty ; whereas preferential imports of the products concerned could be effected without quantitative restrictions ; whereas it appears Whereas for the said products this scheme would, appropriate, however, in view of the sensitiveness of however, involve the application in the new Member the cocoa butter and soluble coffee sectors generally States in 1977 of customs duties higher than or very and of the need to safeguard the interests of the ACP close to those which will be applied by the new States in this field, to lay down for those two Member States to non-member countries in general products special conditions consisting in a reduction on the basis of the provisions of the abovementioned of the customs duty applicable to these two products Act; whereas this situation would comply neither within the limits of Community tariff quotas ; with the spirit nor with the very nature of the gener alized preference scheme ; whereas, in order to main tain an equivalent preferential margin for these prod Whereas the offer by the Community includes a ucts also, reduced customs duties should be applied clause stating that it is made on the assumption that to them , in accordance with detailed rules based on the main industrialized countries which are members the principle of maintaining, in the new Member of the OECD participate in granting preferences and States , a preference proportional to that which exists make similar efforts in this direction ; whereas, between the duties of the Common Customs Tariff moreover, it is evident from the conclusions worked and the duties given in Article 1 of this Regulation ; out in UNCTAD that this offer, while being of a whereas, with a view to granting the beneficiary temporary nature, does not constitute a binding developing countries the best possible treatment, in commitment and, in particular, may be withdrawn accordance with the objectives of the preference
(!) OJ No C 259, 4. 11 . 1976, p . 27. (2) OJ No L 73 , 27. 3 . 1972, p . 14.
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scheme, the duties given in Article 1 should also be Whereas, without , affecting the Community nature of applied wherever the duties calculated according to the tariff quotas under consideration, it appears poss the abovementioned detailed rules prove to be higher ible to provide temporarily for a utilization scheme than them ; based on a single allocation among the Member States ; whereas, moreover, the allocation set out by this Regulation in no way prejudices the possibility Whereas the benefit of these tariff quotas should be of adopting the general method of allocation of reserved for products originating in the countries and Community tariff quotas comprising the setting up territories under consideration, the concept of of a reserve share ; whereas at this transitional stage 'originating products' being determined in accordance it appears feasible that such allocation could be made with the procedure laid down in Article 14 of Council according to the percentages set out in the above Regulation (EEC) No 802/68 of 27 June 1968 on table ; the common definition of the concept of the origin of goods H ; Whereas the percentage for the shares of the Member States in the Community tariff quotas, in view of Whereas it is necessary to ensure equal and con their duration and their amounts, does not appear in tinuous access for all Community importers to the this instance to compromise the equal access for said quotas and the uninterrupted application of the Community importers to Community tariff quotas ; rates laid down for these quotas to all imports of the whereas for this same reason it would appear ex products concerned into all Member States until these pedient to allow each Member State to choose the quotas are used up ; whereas, having regard to the system for administering its share ; principles set out above, the Community nature of the quota can be respected by allocating the Community Whereas provision should be made for measures tariff quota among Member States ; whereas, more enabling any serious disturbance within the sector of over, to this end and in the context of the utilization the Community's economic activity to be avoided, system, the actual charges against the quota may and to this end the Commission should be em relate only to products which have been entered for powered to re-introduce in part or in full the normal home use and which are accompanied by a certificate duties in order to avoid such disturbance ; of origin ; Whereas, since the Kingdom of Belgium, the King dom of the Netherlands and the Grand Duchy of Whereas the available statistical data as yet cover only Luxembourg are united in and represented by the a relatively brief period ; whereas, in this particular Benelux Economic Union, all transactions concerning case, they should be weighted on the basis of the the administration of the shares allocated to that estimates which may be made in respect of the quota economic union may be carried out by any one of year ; whereas the shares in the quota amounts may be set out as follows : its members,
metric tons cocoa butter soluble coffee HAS ADOPTED THIS REGULATION : Germany 800 900 Benelux 12 150 1550 Article 1 France 100 250 Italy 50 50 1 . From 1 January to 31 December 1977, Com Denmark 50 50 munity tariff quotas shall be opened within the Com Ireland 50 50 munity for imports of the products listed below and United Kingdom 8 400 15 900 under 'the conditions stated :
O OJ No L 148 , 28 . 6. 1968 , p. 1 .
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CCT Volume in Rate of heading Description metric tons duty No
18.04 Cocoa butter, including cocoa fat or oil 21 600 8% 21.02 Extracts , or essences or concentrates of coffee, tea or maté ; preparations with a basis of those extracts , or concentrates :
ex A. Extracts , essences or concentrates of coffee ; pre parations with a basis of those extracts , essences or concentrates : — 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 metric tons cocoa butter soluble coffee United Kingdom, there shall be applied to the above mentioned products the customs duties determined Germany 800 900 by multiplying, by a coefficient equal to the margin Benelux 12 150 1550 of preferences existing between the duties given in France 100 250 the first subparagraph and the Common Customs Italy 50 50 Tariff duties applicable, the duties obtained by reduc ing by 80% the difference between the lowest duty Denmark 50 50 applied on 1 January 1972 to the developing coun Ireland 50 50 tries set out in the Annex and the Common Customs United Kingdom 8 400 15 900 Tariff.
Article 3 However, the duties given in the first subparagraph shall be applied from 1 January to 30 June 1977 1 . The Member States shall ensure free access to where the duties resulting from the abovementioned each of the shares which have been allocated to them calculation are higher than them. From 1 July 1977 for importers of the products concerned who are the duties given in the first subparagraph shall be established on their territory. applied.
2. The extent to which shares of Member States 2. These tariff quotas shall apply solely to products have been used up shall be determined on the basis originating in the countries and territories listed in 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 ential tariff arrangements granted by the Community referred to in Article 1 (2 ). 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 originating products shall be determined in accord submitted before the date on which the levying of duties is re-introduced. ance with the procedure laid down in Article 14 of Regulation (EEC) No 802/68 .
Article4¶
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 charged against their shares. This infor shall be allocated, in respect of each Member State, mation shall show both the value expressed in units in shares the amounts of which are set out below : of account and quantity expressed in metric 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 Member State of the action it has taken . If the Community should find that the products 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 Article 6 with the common commercial policy pursuant to 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 1977 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 13 December 1976 .
For the Council
The President
M. van der STOEL
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ANNEX
List of developing countries and territories enjoying generalized tariff preferences
I. INDEPENDENT COUNTRIES
Afghanistan Guyana Philippines Haiti Algeria Qatar Angola Honduras Romania Argentina India Rwanda Bahamas Indonesia Sao Tome and Principe Bahrain Iran Saudi Arabia Bangladesh I r.i q Senegal Barbados Ivory Coast Seychelles Bénin Jamaica Sierra Leone Bhutan Jordan Singapore Bolivia Kenya Somalia Botswana Khmer Republic Sri Lanka Brazil Korea (South ) Sudan Burma Kuwait Surinam Burundi Laos Swaziland Cameroon Lebanon Syria I esotho Cape Verde Islands Tanzania Central African Republic I. iberia Thailand Chad I ibya Togo Chile Malagasy Republic Tonga Colombia Malawi Trinidad and Tobago Comoros Malaysia Tunisia Congo, People's Republic of Maldive Islands Uganda Costa Rica Mali United Arab Emirates : Cuba Mauritania Abu Dhabi Cyprus Mauritius Dubai Dominican Republic Mexico Ras al Khaimah Ecuador Morocco Fujairah Egypt, Arab Republic of Ajman Mozambique Sharjah El Salvador Nauru Um m al Qaiwain Equatorial Guinea Nepal Upper Volta Ethiopia Nicaragua Uruguay Fiji Niger Venezuela Gabon Nigeria Vietnam Gambia Oman Western Samoa Ghana Pakistan Yemen , People's Democratic Grenada Panama Republic of Guatemala Papua New Guinea Yemen Arab Republic Guinea Paraguay Yugoslavia Guinea Bissau Peru Zaire Zambia
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II. 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) Australian Antarctic Territory Belize Bermuda British Antarctic Territory British Indian Ocean Territory ( Aldabra, Farquhar, Chagos Archipelago, Desroches) British Pacific Ocean (*) Brunei Cayman Islands and Dependencies Christmas Island Cocos (Keeling) Islands 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 (*) Macao Mayotte Netherlands Antilles New Caledonia and Dependencies Norfolk Island Pacific Islands administered by the United States of America or under United States trusteeship (*) Portuguese Timor St Helena (including Ascension, Gough Island, and Tristan da Cunha) 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 be amended subsequently to take account of changes in the inter national status of countries or territories .
(*) Gilbert Islands, Tuvalu, British Solomon Islands, New Hebrides Condominium, and Pitcairn Islands. (') Antigua , Montserrat, St Kitts-Nevis-Anguilla, British Virgin Islands . {*) 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.