31986R4011

31 . 12 . 86 Official Journal of the European Communities No L 374 / 13

COUNCIL REGULATION ( EEC ) No 4011 / 86

of 16 December 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 , 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 estimated as being the following:

Having regard to the Treaty establishing the European Economic Community , and in particular Article 28 09.01 A I a ) 18.01 thereof,

Benelux 0,83 1,72 Denmark 0,22 0,01 Germany 2,23 2,48 Greece 0,11 0,12 Having regard to the draft Regulation from the Spain 95,00 95,00 Commission , France 0,57 0,21 Ireland 0,01 0,01 Italy 0,76 0,15 Portugal 0,05 0,01 United Kingdom 0,22 0,29 Whereas in the context of the accession negotiations , and so as to take into account the traditional trade flows between Spain and Latin America , the Community proposes that , for the first three years of the transitional period , duty-free autonomous Community tariff quotas be Whereas , to take account of the possible import trends for opened of 40 000 tonnes for coffee , unroasted and not these products , the quota volumes should be divided into freed of caffeine falling within subheading 09.01 A 1 a ) of two parts , the first being allocated between the Member the Common Customs Tariff and of 10 000 tonnes for States and the second held as a reserve to cover any cocoa beans , whole or broken , falling within heading subsequent requirements of Member States which have No 18.01 of the Common Customs Tariff; whereas used up their initial share ; whereas , to give importers some these quotas should be opened for their second year degree of certainty , the first instalment of Community tariff of application , namely for the period 1 January to quotas should be fixed at a high level , which in this case 31 December 1987 ; could be about 99 % of the quota amounts ;

Whereas initial shares may be used up at different rates ; Whereas , in particular , equal and continuous access to the whereas , to avoid disruption of supplies on this account , it quotas should be ensured for all importers , and the rate of should be provided that any Member State which has duty for the tariff quotas should be applied consistently to almost used up its initial share should draw an additional all imports until the quota is exhausted ; whereas , in the share from the reserve ; whereas each time its additional light of these principles , arrangements for the utilization of share is almost used up a Member State should draw a the tariff quotas based on an allocation among Member further share and so on as many times as the reserve States would seem to be consistent with the Community allows ; whereas the initial and additional shares should be nature of the quotas ; whereas, to correspond as closely as valid until the end of the quota period ; whereas this form possible to the actual trend in the market in the products in of administration requires close collaboration between the question , allocation of the quotas should be in proportion Member States and the Commission , and the Commission to the requirements as calculated by reference to statistics must be in a position to keep account of the extent to of imports from third countries during a representative which the quotas have been used up and to inform the reference period and to the economic outlook for the quota period in question ; Member States accordingly ;

Whereas if, at a given date in the quota period a Whereas , however, it has not been possible to collect considerable quantity of a Member State's initial share complete and accurate statistical data on all Member remains unused it is essential that such State should return States' imports of the products in question from third a significant proportion thereof to the reserve in order to countries that do not benefit from an equivalent tariff prevent a part of the Community tariff quotas from

No L 374 / 14 31 . 12 . 86 Official Journal of the European Communities

remaining unused in one Member State while it could be HAS ADOPTED THIS REGULATION : used in others :

Whereas , since the Kingdom of Belgium , the Kingdom of Article 1 the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux 1 . From 1 January to 31 December 1987 , the Common Economic Union , any measure concerning the Customs Tariff duties on the following products shall be administration of the shares allocated to that economic suspended at the level and within the limit of Community union may be carried out by any one of its members , rariff quotas as shown herewith :

Quota Duty of Order No CCT heading No Description volume tariff quota ( tonnes ) ( % ) 09.1933 09.01 A I a ) Coffee , unroasted and not freed of caffeine 40 000 0 09.1935 18.01 Cocoa beans , whole or broken 10 000 0

2 . Imports of the products in question may not be charged equal to 10 % of its initial share , rounded up as necessary against this tariff quota if they are already free of customs to the next whole number . duties under other preferential tariff arrangements . 2 . If a Member State , after exhausting one or the other of its initial shares , has used 90 % or more of the second share drawn by it , that Member State shall forthwith , in Article 2 the manner and to the extent provided in paragraph 1 , draw a third share equal to 5 % of its initial share, rounded 1 . The Community tariff quotas referred to in Article 1 up as necessary to the whole number . shall be divided into two instalments . 3 . If a Member State , after exhausting one or the other of its second shares , has used 90 % or more of the third share 2 . A first instalment of 39 500 and 9 900 tonnes drawn by it , that Member State shall in the manner and to respectively , shall be allocated among the Member States ; the extent provided in paragraph 1 , draw a fourth share the shares which , subject to Article 5 , shall be valid from equal to the third . 1 January to 31 December 1987 shall be as follows : This process shall apply until each of the reserves is used up . 09.01 A I a ) 18.01 Benelux 326 170 4 . By way of derogation from paragraphs 1 , 2 and 3 , each Denmark 88 1 Member State may draw shares lower than those specified Germany 880 245 in those paragraphs if there are grounds for believing that Greece 43 12 those specified may not be used in full . Any Member State Spain 37 525 9 405 applying this paragraph shall inform the Commission of its France 226 21 grounds for so doing. Ireland 1 1 Italy 301 15 Portugal 22 1 United Kingdom 88 29 Article 4

Additional shares drawn pursuant to Article 3 shall be valid 3 . The second instalment , of 500 and 100 tonnes until 31 December 1987 . respectively, shall constitute the corresponding reserve .

Article 5 Article 3 Member States shall , not later than 1 October 1987 , return 1 . If a Member State has used 90 % or more of one of its to the reserve the unused portion of each of their initial initial shares as fixed in Article 2 ( 2 ), or of that share minus shares which , on 15 September 1987 , is in excess of 20 % any portion returned to the reserve pursuant to Article 5 , it of the initial volume . They may return a greater portion if shall forthwith , by notifying the Commission , draw a there are grounds for believing that it may not be used in second share , to the extent that the reserve so permits , full .

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Member States shall , not later than 1 October 1987 , notify 2 . The Member States shall ensure that importers of the the Commission of the total quantities of the products in products in question have free access to the shares allocated question imported up to and including 15 September 1987 to them . and charged against the Community quotas and of any portion of their initial shares returned to the reserve . 3 . The Member States shall charge imports of the products in question against their shares as and when the products are entered with the customs authorities for free Article 6 circulation .

The Commission shall keep an account of the shares 4 . The extent to which a Member State has used up its opened by the Member States pursuant to Articles 2 and 3 share shall be determined on the basis of the imports and shall , as soon as the information reaches it , inform charged in accordance with paragraph 3 . each State of the extent to which the reserves have been used up .

It shall , not later than 5 October 1987 , inform the Member Article 8 States of the amount still in the reserves , following any return of shares pursuant to Article 5 . At the request of the Commission , the Member States shall inform it of imports actually charged against their shares . It shall ensure that the drawing which exhausts one of the reserves does not exceed the balance available and to this end shall notify the amount of that balance to the Member State making the last drawing . Article 9

Member States and the Commission shall cooperate closely Article 7 to ensure that this Regulation is complied with .

1 . Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that importation may be charged Article 10 without interruption against their accumulated shares of the Community quota . This Regulation shall enter into force on 1 January 1987 .

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

Done at Brussels , 16 December 1986 .

For the Council

The President

G. HOWE