No L 370/86 Official Journal of the European Communities 31.12.90 . COUNCIL REGULATION (EEC) No '3833/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of certain agricultural products originating in developing countries THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parlia- ment (1), : Having regard to the opinion of the Economic and Social Committee (2), Whereas within the context of UNCTAD, the Euro- pean Economic Community offered to grant tariff pre- ferences on certain agricultural products of Chapters 1 to 24 of the Common Customs Tariff which originate in developing countries: whereas the preferential treat- ment proposed in that offer consists, in respect of cer-- tain goods which are subject to the trade arrangements laid down in Regulation (EEC) No 3033/80 (%), of a reduction in the fixed component of the charge appli- cable to such goods by virtue of that Regulation, and, in respect of products which are subject to the single customs duty, of a reduction in such duty; whereas pre- ferential imports of the products concerned should be effected in general without quantitative restrictions; Whereas the positive role played by this system in improving access for developing countries to the mar- . kets of the preference-giving countries was recognized at the ninth session of the UNCTAD Special Com- mittee on Preferences; whereas it was there agreed that the objectives of the system of generalized preferences would not be fully achieved by the end of 1980, that consequently it should be prolonged beyond the initial period; an overall review of the system has started in 1990; Whereas it is desirable therefore that the Community continue to apply generalized tariff preferences, in the context of the conclusions reached in UNCTAD and in accordance with the intentions expressed in the said Committee in particular by all the preference-giving countries; (") Opinion delivered on 18/19 December 1990 (not yet pub- lished in the Official Journal). (> Opinion delivered on 20 November 1990 (not yet pub- lished in the Official Journal). (®) OJNoL323,29.11.1988,p. 1. Whereas the temporary and non-binding nature of the system means that the offer may be withdrawn wholly or in part at a later stage, thus maintaining the possibil- ity of remedying any unfavourable situations which might arise, including in the African, Caribbean and Pacific States (ACP States) following the implementa- tion of the system; Whereas experience from the application of the Com- munity scheme in the first 15 years has shown that the scheme has to an appreciable extent achieved its intended objectives; whereas it is therefore appropriate to maintain its fundamental features, namely a reduc- tion in customs duties without any restriction in the quantities imported for certain agricultural products listed in Annex II, and a reduction in customs duties within the limits of Community fixed reduced-duty amounts for preserved pineapples, extracts of coffee -and tobacco; Whereas, since 1 March 1986, the Kingdom of Spain and the Portuguese Republic have applied the Com- munity system of generalized preferences, in compli- ance with Articles 178 and 365 of the Act of Accession; Whereas in the multilateral trade negotiations, in accordance with paragraph 6 of the Tokyo Declaration, the Community reaffirmed that special treatment should, whenever possible, be granted to the least developed among the developing countries: whereas, .therefore, the agricultural products listed in Annex IV, originating in the least-developed developing countries which appear in the list in Annex V to this Regulation, should be totally exempt from customs duties; Whereas, having regard to the rules applying to the repayment or remission of import or export duties, and in particular to Council Regulation (EEC) No 1430/79 (4) and Commission Regulation (EEC) No 3040/83 (%), a procedure should be laid down to regu- larize imports actually made within the fixed reduced- duty amounts opened under this Regulation and thus provision should be made for the Commission to be able to take appropriate measures; Whereas such methods of administration call for close and particularly rapid cooperation between the Mem- ber States and the Commission; Whereas it is expedient that the Community should authorize the importation of the products referred to in Annex II, originating in the countries and territories () OJNoL175,12.7. 1979, p. 1. () OJ No L 297, 29. 10. 1983, p. 13.