31986R0450

28 . 2 . 86 Official Journal of the European Communities No L 50 / 41

COUNCIL REGULATION ( EEC ) No 450 / 86 of 24 February 1986

opening, allocating and providing for the administration of autonomous tariff quotas for coffee, unroasted and not freed of caffeine , and cocoa beans , whole or broken, falling within subheading 09.01 Ala) and heading No 18.01 of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN COMMUNITIES , 09.01 A I a 18.01

Benelux 0,86 1,52 Denmark 0,24 0,01 Germany 1,95 2,50 Having regard to the Treaty establishing the European Spain 95 95 Economic Community , and in particular Article 28 Greece 0,11 0,14 thereof, France 0,60 0,25 Ireland 0,01 0,01 Italy 0,76 0,22 Portugal 0,25 0,01 United Kingdom 0,22 0,34 Having regard to the draft Regulation from the Commission ,

Whereas , to take account of the possible import trends for Whereas in the context of the accession negotiations , and these products , the quota volumes should be divided into so as to take into account the traditional trade flows two parts , the first being allocated between the Member between Spain and Latin America , the Community States and the second held as a reserve to cover any proposes that , for the first three years of the transitional subsequent requirements of Member States which have period , duty — free autonomous Community tariff quotas used up their initial share ; whereas , to give importers some be opened of 400 000 tonnes for coffee , unroasted and not degree of certainty , the first instalment of Community tariff freed of caffeine , falling within subheading 09.01 A I a ) of the Common Customs Tariff and of 10 000 tonnes for quotas should be fixed at a high level , which in this case could be about 99 % of the quota amounts ; cocoa beans , whole or broken , falling within heading No 18.01 of the Common Customs Tariff; whereas these quotas should be opened for their first year of application , namely for the period 1 March to 31 December 1986 ; Whereas initial shares may be used up at different rates ; whereas , to avoid disruption of supplies on this account , it should be provided that any Member State which has almost used up its initial share should draw an additional Whereas in particular , equal and continuous access to the share from the reserve ; whereas each time its additional quotas should be ensured for all importers , and the rate of share is almost used up a Member State should draw a duty for the tariff quotas should be applied consistently to further share and so on as many times as the reserve all imports until the quota is exhausted ; whereas , in the allows ; whereas the initial and additional shares should be light of these principles , arrangements for the utilization of valid until the end of the quota period ; whereas this form the tariff quotas based on an allocation among Member of administration requires close collaboration between the States would seem to be consistent with the Community Member States and the Commission and the Commission nature of the quotas ; whereas , to correspond as closely as must be in a position to keep account of the extent to possible to the actual trend in the market in the products in which the quotas have been used up and to inform the question , allocation of the quotas should be in proportion Member States accordingly ; to the requirements as calculated by reference to statistics of imports from third countries during a representative reference period and to the economic outlook for the quota period in question ; Whereas , if at a given date in the quota period a considerable quantity of a Member State's initial share remains unused it is essential that such State should return a significant proportion thereof to the reserve in order to Whereas , however , it has not been possible to collect prevent a part of the Community tariff quotas from complete and accurate statistical data on all Member remaining unused in one Member State while it could be States' imports of the products in question from third used in others ; countries that do not benefit from an equivalent tariff preference ; whereas , on the basis of the available data , and taking into account the special nature of these quotas , the percentages of the initial participation in the quotas may be Whereas , since the Kingdom of Belgium , the Kingdom of estimated as being the following : the Netherlands and the Grand Duchy of Luxembourg are

No L 50 / 42 Official Journal of the European Communities 28 . 2 . 86

united within and jointly represented by the Benelux Article 3 Economic Union , any measure concerning the administration of the shares allocated to that economic 1 . If a Member State has used 90 % or more of one of its union may be carried out by any one of its members , initial shares as fixed in Article 2 ( 2 ), or of that share minus any portion returned to the reserve pursuant to Article 5 , it shall forthwith , by notifying the Commission , draw a second share , to the extent that the reserve so permits , HAS ADOPTED THIS REGULATION : equal to 10 % of its initial share , rounded up as necessary to the next whole number .

Article 1 2 . If a Member State , after exhausting one or the other of 1 . From 1 March to 31 December 1986 Community tariff its initial shares , has used 90 % or more of the second quotas shall be opened for the following products within share drawn by it , that Member State shall forthwith , in the limit indicated for each of them : the manner and to the extent provided in paragraph 1 , draw a third share equal to 5 % of its initial share , rounded (tonnes) up as necessary to the whole number .

CCT heading Quota Description volume No 3 . If a Member State , after exhausting one or the other of 09.01 Ala ) Coffee , unroasted and not 40 000 its second shares , has used 90 % or more of the third share freed of caffeine drawn by it , that Member State shall in the manner and to 18.01 Cocoa beans , whole or 10 000 the extent provided in paragraph 1 , draw a fourth share broken equal to the third .

2 . Imports of the product in question may not be charged This process shall apply until each of the reserves is used against this tariff quota if they are already free of customs up . duties under other preferential tariff arrangements .

3 . Within the limits of these tariff quotas the Common 4 . By way of derogation from paragraphs 1 , 2 and 3 , each Customs Tariff duty shall be totally suspended . Member State may draw shares lower than those specified in those paragraphs if there are grounds for believing that those specified may not be used in full . Any Member State applying this paragraph shall inform the Commission of its Article 2 grounds for so doing .

1 . The Community tariff quotas referred to in Article 1 shall be divided into two instalments . Article 4

2 . A first instalment , of 39 500 and 9 900 tonnes Additional shares drawn pursuant to Article 3 shall be valid respectively , shall be allocated among the Member States ; until 31 December 1986 . the shares which , subject to Article 5 , shall be valid from 1 March to 31 December 1986 shall be as follows :

(tonnes) Article 5 09.01 A I a 18.01 Member States shall , not later than 1 October 1986 , return Benelux 340 150 to the reserve the unused portion of each of their initial Denmark 95 1 shares which on 15 September 1986 is in excess of 20 % of 771 247 Germany 37 525 9 405 the initial volume . They may return a greater portion if Spain Greece 45 14 there are grounds for believing that it may not be used in 239 25 full . France Ireland 1 1 Italy 300 22 Portugal 99 1 85 34 Member States shall , not later than 1 October 1986 , notify United Kingdom the Commission of the total quantities of the products in question imported up to and including 15 September 1986 3 . The second instalment , of 500 and 100 tonnes and charged against the Community quotas and of any respectively , shall constitute the corresponding reserve . portion of their initial shares returned to the reserve .

28 . 2 . 86 Official Journal of the European Communities No L 50 / 43

Article 6 3 . The Member States shall charge imports of the products in question against their shares as and when the The Commission shall keep an account of the shares products are entered with the customs authorities for free opened by the Member States pursuant to Articles 2 and 3 circulation . and shall , as soon as the information reaches it , inform each State of the extent to which the reserves have been 4 . The extent to which a Member State has used up its used up . share shall be determined on the basis of the imports charged in accordance with paragraph 3 . It shall , not later than 5 October 1986 , inform the Member States of the amount still in the reserves , following any return of shares pursuant to Article 5 . Article 8 It shall ensure that the drawing which exhausts one of the reserves does not exceed the balance available and to this At the request of the Commission , the Member States shall end shall notify the amount of that balance to the Member inform it of imports actually charged against their shares . State making the last drawing .

Article 7 Article 9 1 . Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to Article 3 Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with . are opened in such a way that importation may be charged without interruption against their accumulated shares of the Community quota .

2 . The Member States shall ensure that importers of the Article 10 products in question have free access to the shares allocated to them . This Regulation shall enter into force on 1 March 1986 .

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

Done at Brussels , 24 February 1986 .

For the Council

The President

G. BRAKS