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
thereof,
Having regard to the draft Regulation from the
Commission ,
09.01 A I a ) 18.01
Benelux 0,83 1,72
Denmark 0,22 0,01
Germany 2,23 2,48
Greece 0,11 0,12
Spain 95,00 95,00
France 0,57 0,21
Ireland 0,01 0,01
Italy 0,76 0,15
Portugal 0,05 0,01
United Kingdom 0,22 0,29Whereas 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
opened of 40 000 tonnes for coffee , unroasted and not
freed of caffeine falling within subheading 09.01 A 1 a ) of
the Common Customs Tariff and of 10 000 tonnes for
cocoa beans , whole or broken , falling within heading
No 18.01 of the Common Customs Tariff; whereas
these quotas should be opened for their second year
of application , namely for the period 1 January to
31 December 1987 ;
Whereas , to take account of the possible import trends for
these products , the quota volumes should be divided into
two parts , the first being allocated between the Member
States and the second held as a reserve to cover any
subsequent requirements of Member States which have
used up their initial share ; whereas , to give importers some
degree of certainty , the first instalment of Community tariff
quotas should be fixed at a high level , which in this case
could be about 99 % of the quota amounts ;
Whereas , in particular , equal and continuous access to the
quotas should be ensured for all importers , and the rate of
duty for the tariff quotas should be applied consistently to
all imports until the quota is exhausted ; whereas , in the
light of these principles , arrangements for the utilization of
the tariff quotas based on an allocation among Member
States would seem to be consistent with the Community
nature of the quotas ; whereas , to correspond as closely as
possible to the actual trend in the market in the products in
question , allocation of the quotas should be in proportion
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 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
share from the reserve ; whereas each time its additional
share is almost used up a Member State should draw a
further share and so on as many times as the reserve
allows ; whereas the initial and additional shares should be
valid until the end of the quota period ; whereas this form
of administration requires close collaboration between the
Member States and the Commission , and the Commission
must be in a position to keep account of the extent to
which the quotas have been used up and to inform the
Member States accordingly ;
Whereas , however , it has not been possible to collect
complete and accurate statistical data on all Member
States' imports of the products in question from third
countries that do not benefit from an equivalent tariff
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
prevent a part of the Community tariff quotas from
No L 374 / 14 Official Journal of the European Communities 31 . 12 . 86
remaining unused in one Member State while it could be
used in others :
HAS ADOPTED THIS REGULATION:
Whereas , since the Kingdom of Belgium , the Kingdom of
the Netherlands and the Grand Duchy of Luxembourg are
united within and jointly represented by the Benelux
Economic Union , any measure concerning the
administration of the shares allocated to that economic
union may be carried out by any one of its members ,
Article 1
1 . From 1 January to 31 December 1987 , the Common
Customs Tariff duties on the following products shall be
suspended at the level and within the limit of Community
rariff quotas as shown herewith :
Order No CCT heading
No Description
Quota
volume
( tonnes )
Duty of
tariff quota
( % )
09.1933
09.1935
09.01 A I a )
18.01
Coffee , unroasted and not freed of caffeine
Cocoa beans , whole or broken
40 000
10 000
0
0
2 . Imports of the products in question may not be charged
against this tariff quota if they are already free of customs
duties under other preferential tariff arrangements .
Article 2
1 . The Community tariff quotas referred to in Article 1
shall be divided into two instalments .
equal to 10 % of its initial share , rounded up as necessary
to the next whole number .
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
the manner and to the extent provided in paragraph 1 ,
draw a third share equal to 5 % of its initial share , rounded
up as necessary to the whole number .
3 . If a Member State , after exhausting one or the other of
its second shares , has used 90 % or more of the third share
drawn by it , that Member State shall in the manner and to
the extent provided in paragraph 1 , draw a fourth share
equal to the third .
This process shall apply until each of the reserves is used
up .
4 . By way of derogation from paragraphs 1 , 2 and 3 , each
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
grounds for so doing .
2 . A first instalment of 39 500 and 9 900 tonnes
respectively , shall be allocated among the Member States ;
the shares which , subject to Article 5 , shall be valid from
1 January to 31 December 1987 shall be as follows :
09.01 A I a ) 18.01
Benelux
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Portugal
United Kingdom
326
88
880
43
37 525
226
1
301
22
88
170
1
245
12
9 405
21
1
15
1
29 Article 4
Additional shares drawn pursuant to Article 3 shall be valid
until 31 December 1987 .3 . The second instalment , of 500 and 100 tonnes
respectively , shall constitute the corresponding reserve .
Article 3
1 . If a Member State has used 90 % or more of one of its
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 ,
Article 5
Member States shall , not later than 1 October 1987 , return
to the reserve the unused portion of each of their initial
shares which , on 15 September 1987 , is in excess of 20 %
of the initial volume . They may return a greater portion if
there are grounds for believing that it may not be used in
full .
31 . 12 . 86 Official Journal of the European Communities No L 374 / 15
2 . The Member States shall ensure that importers of the
products in question have free access to the shares allocated
to them .
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
circulation .
4 . The extent to which a Member State has used up its
share shall be determined on the basis of the imports
charged in accordance with paragraph 3 .
Member States shall , not later than 1 October 1987 , notify
the Commission of the total quantities of the products in
question imported up to and including 15 September 1987
and charged against the Community quotas and of any
portion of their initial shares returned to the reserve .
Article 6
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3
and shall , as soon as the information reaches it , inform
each State of the extent to which the reserves have been
used up .
It shall , not later than 5 October 1987 , inform the Member
States of the amount still in the reserves , following any
return of shares pursuant to Article 5 .
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 7
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
without interruption against their accumulated shares of
the Community quota .
Article 8
At the request of the Commission , the Member States shall
inform it of imports actually charged against their shares .
Article 9
Member States and the Commission shall cooperate closely
to ensure that this Regulation is complied with .
Article 10
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
Full & Egal Universal Law Academy