31.12. 88 Official Journal of the European Communities No L 373/2§ - COUNCIL REGULATION (EEC) No 4243/88 of 21 December 1988 opening, allocating and providing for the administration of unilateral tariff quotas for coffee, unroasted and not freed of caffeine, and cocoa beans, whole or broken, raw or roasted falling within CN codes 0901 11 00 and 1801 00 00 (1989) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having -regard to the Treaty establishing the European Economic Community, and in particular Article 28 thereof, : Having regard to the proposal from the Commission, Whereas in the context of the accession negotiations, and in order to take into account the traditional trade flows between Spain and Latin America, the Community proposed that, for the first three years of the transitional period, duty-free unilateral tariff quotas be opened of 40 000 tonnes for coffee; unroasted and not freed of caffeine, falling within subheading 09.01 A I 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 third year of application, namely for the period 1 January to 31 December 1989; Whereas the Community has adopted, with effect from 1 January 1988, a combined nomenclature for goods which meets the requirements of the Common Customs Tariff and the Nomenclature of Goods for the External Trade Statistics of the Community and Statistics of Trade between Member States; whereas in order to accommodate specific Community rules, this nomenclature has been expanded into an integrated tariff of the European Communities (TARIC); whereas, with effect from that date, the combined nomenclature and, where appropriate, the TARIC code numbers, should be used for the description of the products covered by this Regulation. 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 quotas are used up; 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 year in question; Whereas, during the last three years for which statistics are available, imports into Member States from third countries which do not benefit from an equivalent tariff preference are as follows: Coffee, unroasted and not freed of caffeine Cocoa, beans, whole or broken Member States — S . 1984 1985 1986 1984 1985 1986 Benelux 161 876 148 039 123 203 31 406 50518 31511 Denmark 41793 42 169 37 830 24 27 10 Germany 320 451 587 445 363 398 45 393 63 706 58 885 Greece 22 025 19 765 12077 2682 2708 3032 Spain (117 191) (121 083) (86 692) (37 823) (38 923) (15 998) France 103 137 111 283 100175 2785 5 355 5767 Ireland A 191 163 162 . 0 0 0 Iraly 129 333 163 912 118 964 2874 3851 3444 Portugal 11175 12 382 15831 115 115 23 United Kingdom 46 058 46 098 39 204 6 242 6782 8673