31977R2711

No L 324/ 132 Official Journal of the European Communities 19 . 12 . 77

COUNCIL REGULATION (EEC) No 2711 /77 of 28 November 1977 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, Whereas tariff preferences have been applied as from the second half of 1971 ; whereas it is expedient to con­ tinue to apply them throughout 1978 ; Having regard to the Treaty establishing the European Economic Community,

Whereas in respect of cocoa butter and soluble coffee Having regard to the proposal from the Commission, originating in the countries and territories listed in the Annex the Community should therefore open for 1978 Having regard to the opinion of the European Parlia­ two Community tariff quotas within the respective ment ( 1), limits of 21 600 tonnes and at a customs duty of 8% for cocoa butter and of 18 750 tonnes and a duty of 9% for Having regard to the opinion of the Economic and soluble coffee ; Social Committee ( 2),

Whereas, within the context of UNCTAD, the Euro­ Whereas, in accordance with Protocol 23 to the Act of pean Economic Community offered to grant tariff pre­ Accession ( 3), the generalized tariff preference scheme ferences on certain processed agricultural products of became fully applicable in the new Member States on Chapters 1 to 24 of the Common Customs Tariff 1 January 1974 ; originating in developing countries; whereas the pre­ ferential treatment proposed in that offer consists, in respect of certain goods which are subject to the trade Whereas the benefit of these tariff quotas should be arrangements laid down in Regulation (EEC) No reserved for products originating in the countries and 1059/69, of a reduction in the fixed component of the territories under consideration, the concept of 'originat­ charge applicable to such goods by virtue of that Regul­ ing products' being determined in accordance with the ation, and, in respect of products which are subject to procedure laid down in Article 14 of Council Regula­ the single customs duty, of a reduction in such duty ; tion (EEC) No 802/68 of 27 June 1968 on the common whereas preferential imports of the products concerned definition of the concept of the origin of goods (4); could be effected without quantitative restrictions ; whereas it appears appropriate, however, in view of the sensitiveness of the cocoa butter and soluble coffee sec­ tors generally and of the need to safeguard the interests Whereas it is necessary to ensure equal and continuous of the ACP States in this field, to lay down for those access for all Community importers to the said quotas two products special conditions consisting in a reduc­ and the uninterrupted application of the rates laid down tion of the customs duty applicable to these two pro­ for these quotas to all imports of the products con­ ducts within the limits of Community tariff quotas; cerned into all Member States until these quotas are used up ; whereas, having regard to the principles set out Whereas the offer by the Community includes a clause above, the Community nature of the quota can be re­ stating that it is made on the assumption that the main spected by allocating the Community tariff quota industrialized countries which are members of the amopg Member States; whereas, moreover, to this end OECD participate in granting preferences and make and in the context of the utilization system, the actual similar efforts in this direction ; whereas, moreover, it is charges against the quota may relate only to products evident from the conclusions worked out in UNCTAD which have been entered for home use and which are that this offer, while being of a temporary nature, does accompanied by a certificate of origin ; not constitute a binding commitment and, in particular, may be withdrawn wholly or in part at a later date ; whereas this possibility may be adopted inter alia with a Whereas, to take account of future import trends for the view to remedying any unfavourable situations which products in question in the various Member States, the might arise in the ACP States following the implementa­ quotas should be divided into two tranches, the first tion of the generalized preference scheme; being allocated among Member States and the second

H OJ No C 266 , 7. 11 . 1977, p. 16 . ( 2) Opinion delivered on 26/27 October 1977 (not yet pub­ (3 ) OJNoL 73 , 27 . 3 . 1972, p. 14 . lished in the Official Journal ). 0 OJ No L 148 , 28 . 6. 1968 , p. 1 .

19 . 12 . 77 Official Journal of the European Communities No L 324/ 133

held as a reserve to cover subsequently the requirements quota period; whereas, however, it seems advisable to of Member States which have exhausted their initial permit the Member States to limit the exercise of their shares ; whereas, moreover, the reserve constituted in total obligation to draw on the reserve amount to a the manner described above tends to avoid making the level not exceeding 40% of their initial share; whereas system of utilization of the quota excessively rigid, to this method of administration calls for close coopera­ the detriment of the developing countries concerned and tion between Member States and the Commission which will contribute to achieving the aim already mentioned must, in particular, be able to observe the extent to of improving the generalized preferences system ; where­ which the quota amount is used and inform Member as, to give importers in each Member State some degree States thereof; of certainty, the first tranche of the Community quota might be fixed at a relatively high level, in this case at approximately 90% of the full quotas; Whereas if, at a specified date in the quota period, a considerable balance remains in one or other Member State it is essential that that Member State pays a large Whereas the statistical data available cover only a rela­ amount of it back into the reserve, in order to avoid a tively brief period, and they should be weighted on the part of the Community quota remaining unused in one basis of the estimates which may be made for the quota Member State when it could be used in others; year ; whereas the shares in the first tranche may be drawn up as follows : Whereas provision should be made for measures ena­ (tonnes) bling any serious disturbance within the sector of the cocoa butter soluble coffe Community's economic activity to be avoided, and to Germany 720 810 this end the Commission should be empowered to re­ introduce in part or in full the normal duties in order Benelux 10 935 1 395 to avoid such disturbance; France 90 225 Italy 45 45 Whereas, since the Kingdom of Belgium, the Kingdom Denmark 45 45 of the Netherlands and the Grand Duchy of Luxem­ Ireland 45 45 bourg are united in and represented by the Benelux Economic Union, all transactions concerning the ad­ United Kingdom 7 560 14 310 ministration of the shares allocated to that economic union may be carried out by any one of its members, Whereas Member States may exhaust their initial shares for the products in question at different rates; whereas HAS ADOPTED THIS REGULATION : to avoid disruption of supplies on this account it should be provided that any Member State which has almost Article 1 used up its initial share should draw an additional share from the reserve; whereas this must be done by each Member State as and when each of its , additional shares 1 . From 1 January to 31 December 1978 , Community is almost entirely used up, and repeated as many times tariff quotas shall be opened within the Community for as the reserve allows ; whereas the initial and additional imports of the products listed below and under the shares must be available for use until the end of the conditions stated :

CCT Volume Rate of heading Description No (m tonnes) duty

18.04 21 600 8% Cocoa butter, including cocoa fat or oil 21.02 Extracts, essences or concentrates, of coffee, tea or maté and preparations with a basis of those extracts, essences or concentrates; roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates thereof: ex A. Extracts, essences or concentrates of coffee and preparations with a basi » 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%

No L 324/ 134 Official Journal of the European Communities 19 . 12 . 77

2. These tariff quotas shall apply solely to products draw a fourth share equal to the third. This process originating in the countries and territories listed in the shall continue until the reserve has been exhausted. Annex. However, those imports which enjoy exemption from customs duties under other preferential tariff ar­ 4. By way of derogation from paragraphs 1 , 2 and 3 , a rangements granted by the Community may not be Member State may draw shares lower than those charged against these tariff quotas. specified in those paragraphs if there are grounds for believing that those specified may not be used in full. For the purposes of this Regulation the concept of Any Member State applying this paragraph shall inform originating products shall be determined in accordance the Commission of its grounds for so doing. with the procedure laid down in Article 14 of Regu­ lation (EEC) No 802/68 . 5 . Any Member State may limit the sum total of its additional shares to 40% of its initial share, informing Article 2 the Commission that it is so doing.

1 . A first tranche of 19 440 tonnes for cocoa butter and of 16 875 tonnes for soluble coffee of the Com­ Article 4 munity tariff quotas referred to in Article 1 shall be allocated, in respect of each Member State, in shares the Additional shares drawn pursuant to Article 3 shall be amounts of which are set out below : valid until 31 December 1978 .

(tonnes) cocoa butter soluble coffe Germany 720 810 Article 5 Benelux 10 935 1 395 France 90 225 A Member State which on 15 September 1978 has not exhausted one of its initial shares shall, not later than Italy 45 45 1 October 1978 , return to the reserve any unused por­ Denmark 45 45 tion in excess of 20% of the initial amount. It may re­ 45 45 turn a greater portion if there are grounds for believing Ireland that such portion may not be used in full. United Kingdom 7 560 14 310

Member States shall, not later than 1 October 1978 , 2 . The second tranche of 2 160 tonnes for cocoa butter notify the Commission of the total quantities of the and 1 875 tonnes for soluble coffee shall constitute the product in question imported up to and including reserve . 15 September 1978 and charged against the Community quotas and of any portion of their initial shares re­ turned to the reserve. Article 3

1 . If a Member State has used 90% or more of its ini­ Article 6 tial share as fixed in Article 2 ( 1 ), or of that share minus any portion returned to the reserve pursuant to Article The Commission shall keep an account of the shares 5 , it shall forthwith, by notifying the Commission, draw opened by the Member States pursuant to Articles 2 and a second share, to the extent that the reserve so permits, 3 and shall, as soon as the information reaches it, in­ equal to 10% of its initial share rounded up should the form each State of the extent to which the reserve has occasion arise to the nearest unit above . been used up .

2. If a Member State, after exhausting its initial shares, It shall, not later than 15 October 1978 , inform the has used 90% or more of the second share drawn by it, Member State of the amount still in reserve following ' that Member State shall forthwith, by notifying the any return of shares pursuant to Article 5 . Commission , draw a third share, equal to 5% of its ini­ tial share rounded up should the occasion arise to the nearest unit above . It shall ensure that when an amount exhausting the reserve is drawn the amount so drawn does not exceed 3 . If a Member State, after exhausting its second share, the balance available, and to this end shall notify the has used 90% or more of the third share drawn by it, amount of that balance to the Member State making the that Member State shall, under the same conditions, last drawing.

19 . 12 . 77 Official Journal of the European Communities No L 324 / 135

The Member States shall take all appropriate measures country or countries or territory or territories which are to ensure that additional shares drawn pursuant to the cause of such disadvantage. Such measures may also Article 3 are opened in such a way that importations be taken in the event of a serious disadvantage, either may be charged without interruption against their actual or foreseeable, which is confined to a single re­ cumulative shares of the Community quota . gion of the Community.

Article7¶

1 . The Member States shall ensure free access to each 1 . In order to ensure that Article 9 is applied, the of the shares which have been allocated to them for Commission may, by way of a Regulation, re-introduce importers of the products concerned who are estab­ normal duties for a fixed period. lished on their territory. 2. If the Commission has acted at the request of a 2 . The extent to which shares of Member States have Member State, the former shall give its decision within a been used up shall be determined on the basis of im­ maximum period of 10 working days from the date of ports of the said goods which have been entered for receipt of the request and shall inform the Member home use, and which are accompanied by a certificate State of the action it has taken . of origin in accordance with the rules referred to in Article 1 (2 ). 3 . Each Member State may refer the measure taken by the Commission to the Council within a period of 10 3 . Goods may qualify for a tariff quota only if the cer­ working days following the date it was notified. The tificate of origin referred to in paragraph 2 is submitted fact that the matter has been referred to the Council before the date on which the levying of duties is re­ shall not constitute the suspension of the measure. The introduced . Council shall meet without delay. Acting on a qualified majority, it may amend or repeal the measure in ques­ tion . Article 8

Article 11 Member States shall inform the Commission at monthly intervals of imports of the products in question charged against their shares. This information shall show both Articles 9 and 10 shall not prejudice the application of the value expressed in units of account and the quantity the protective clauses drawn up in connection with the expressed in tonnes. common agricultural policy pursuant to Article 43 of the Treaty nor those drawn up in connection with the common commercial policy pursuant to Article 113 of the Treaty. Article 9

Article 12 If the Community should find that the products benefit­ ing under the arrangements provided for in Article 1 are Member States and the Commission shall collaborate being imported into the Community in quantities or at closely to ensure that this Regulation is observed. prices such as to put or be likely to put Community producers of similar or directly competitive products at a serious disadvantage or to create an unfavourable Article 13 situation in the ACP States, the customs duties applied within the Community may be re-introduced in part or This Regulation shall enter into force on 1 January in full for imports of the products in question from the 1978 .

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

Done at Brussels, 28 November -1977 .

For the Council The President

L. OUTERS

No L 324/ 136 Official Journal of the European Communities 19 . 12 . 77

ANNEX C

List of developing countries and territories enjoying generalized tariff preferences (*)

I. INDEPENDENT COUNTRIES

660 Afghanistan 260 Guinea 801 Papua New Guinea 208 Algeria 257 Guinea Bissau 520 Paraguay 330 Angola 488 Guyana 504 Peru 528 Argentina 452 Haiti 708 Philippines 453 Bahamas 424 Honduras 644 Qatar 640 Bahrain 664 India 066 Romania 666 Bangladesh 700 Indonesia 324 Rwanda 469 Barbados 616 Iran 819 Samoa 284 Benin 311 Sao Tome and Principe 612 Iraq 675 Bhutan 632 Saudi Arabia 272 Ivory Coast 516 Bolivia 464 Jamaica 248 Senegal 391 Botswana 628 Jordan 355 Seychelles and Dependencies 508 Brazil 264 Sierra Leone 696 Kampuchea, Democratic 676 Burma 706 Singapore 346 Kenya 328 Burundi 342 Somalia 728 Korea, Republic of 302 Cameroon 63 6 Kuwait 669 Sri Lanka 247 Cape Verde Islands 684 Laos 224 Sudan 306 Central African Empire 604 Lebanon 492 Surinam 244 Chad 395 Lesotho 393 Swaziland 512 Chile 268 Liberia 608 Syria 480 Colombia 352 Tanzania 216 Libya 375 Comoros 680 Thailand 370 Madagascar 3 1 8 Congo, People's Republic of 386 Malawi 280 Togo 436 Costa Rica 817 Tonga 701 Malaysia 448 Cuba 667 Maldive Islands 472 Trinidad and Tobago 600 Cyprus 232 Mali 212 Tunisia 338 Djibouti 228 Mauritania 350 Uganda 456 Dominican Republic 373 Mauritius 647 United Arab Emirates 500 Ecuador 412 Mexico 236 Upper Volta 220 Egypt 204 Morocco 524 Uruguay 428 El Salvador 484 Venezuela 366 Mozambique 310 Equatorial Guinea 803 Nauru 690 Vietnam 334 Ethiopia 672 Nepal 652 Yemen 815 Fiji 432 Nicaragua 656 Yemen, Democratic 314 Gabon 048 Yugoslavia 240 Niger 252 Gambia 322 Zaire 288 Nigeria 2 76 Ghana 649 Oman 378 Zambia 473 Grenada 662 Pakistan 416 Guatemala 440 Panama

(*) The code number preceding the name of each beneficiary country or territory is that given in 'Geonomenclature 1977', published by the Statistical Office of the European Communities .

19 . 12 . 77 Official Journal of the European Communities No L 324 / 137

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

890 Australian Antarctic Territory 421 Belize 413 Bermuda 890 British Antarctic Territory 357 British Indian Ocean Territory 812 British Pacific Ocean 703 Brunei 202 Canary Islands 463 Cayman Islands and Dependencies 205 Ceuta and Melilla 802 Christmas Island, Cocos (Keeling) Islands, Heard Island and McDonald Islands, Norfolk Island 529 Falkland Islands and Dependencies 822 French Polynesia 890 French Southern and Antarctic Territories 044 Gibraltar 740 Hong Kong 743 Macao 377 Mayotte 476 Netherlands Antilles 809 New Caledonia and Dependencies 808 Pacific Islands administered by the United States of America or under United States trusteeship ( J ) 329 St Helena and Dependencies 814 Territories for which New Zealand is responsible ( Cook Islands, Niue Island, Tokelau Islands ) 454 Turks and Caicos Islands 457 Virgin Islands of the United States 811 Wallis and Futuna Islands 471 West Indies

Note: The above lists may be amended subsequently to take account of changes in the international status of countries or territories.

t 1 ) 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).