++++

( 1 ) OJ N C 257 , 10 . 11 . 1975 , P . 27 .

( 2 ) OJ N L 166 , 28 . 6 . 1975 , P . 81 .

( 3 ) OJ N L 201 , 31 . 7 . 1975 , P . 5 .

( 4 ) OJ N L 201 , 31 . 7 . 1975 , P . 73 .

COUNCIL DECISION

OF 9 FEBRUARY 1976

ON IMPORT ARRANGEMENTS FOR RUM , ARRACK AND TAFIA FALLING WITHIN SUBHEADING 22.09 C I OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN THE OVERSEAS COUNTRIES AND TERRITORIES ASSOCIATED WITH THE EUROPEAN ECONOMIC COMMUNITY

( 76/198/EEC )

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 136 THEREOF ,

HAVING REGARD TO THE RECOMMENDATION FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,

WHEREAS THE COUNCIL HAS AUTONOMOUSLY IMPLEMENTED ARTICLE 2 ( 1 ) AND PROTOCOL N 7 ON RUM OF THE ACP-EEC CONVENTION OF LOME ; WHEREAS BY REGULATION ( EEC ) N 1600/75 ( 2 ) THE COUNCIL OPENED A TARIFF QUOTA FREE OF CUSTOMS DUTIES FOR PRODUCTS FALLING WITHIN SUBHEADING 22.09 C I OF THE COMMON CUSTOMS TARIFF ORGINATING IN THE ACP STATES ; WHEREAS BY REGULATION ( EEC ) N 1957/75 ( 3 ) THE COUNCIL LAID DOWN INTERIM ARRANGEMENTS FOR TRADE WITH THE OVERSEAS COUNTRIES AND TERRITORIES ASSOCIATED WITH THE EUROPEAN ECONOMIC COMMUNITY , HEREINAFTER CALLED " COUNTRIES AND TERRITORIES " ; WHEREAS THAT REGULATION PROVIDES FOR THE ADOPTION OF SPECIAL RULES FOR THE ABOVEMENTIONED PRODUCTS ORIGINATING IN THESE COUNTRIES AND TERRITORIES ;

WHEREAS UNDER REGULATION ( EEC ) N 1958/75 ( 4 ) THE COUNCIL AGREED TO ADOPT THE MEASURES LAYING DOWN THESE IMPORT ARRANGEMENTS ; WHEREAS IT HAS SINCE APPROVED THE PRINCIPLES WHICH SHOULD GOVERN THESE ARRANGEMENTS ; WHEREAS THE IMPORT ARRANGEMENTS FOR THE ABOVEMENTIONED PRODUCTS ORIGINATING IN THE COUNTRIES AND TERRITORIES SHOULD ACCORDINGLY BE ADOPTED FOR THE PERIOD FROM 1 MARCH 1976 TO 1 MARCH 1980 , WITHOUT AWAITING THE ENTRY INTO FORCE OF THE DECISION ON THE ASSOCIATION OF THE COUNTRIES AND TERRITORIES ,

HAS DECIDED AS FOLLOWS :

ARTICLE 1

1 . PENDING ENTRY INTO FORCE OF A COMMON ORGANIZATION OF THE MARKETS IN SPIRITS , AND AT ALL EVENTS NO LATER THAN 1 MARCH 1980 , RUM , ARRACK AND TAFIA FALLING WITHIN SUBHEADING 22.09 C I OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN THE COUNTRIES AND TERRITORIES LISTED IN THE ANNEX TO THIS DECISION AND , AS FROM THE ENTRY INTO FORCE OF THE COUNCIL DECISION ON THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES , ORIGINATING IN THE COUNTRIES AND TERRITORIES MENTIONED IN THE CORRESPONDING ANNEX OF THAT DECISION , SHALL BE IMPORTED INTO THE COMMUNITY FREE OF CUSTOMS DUTIES WITHIN THE LIMITS OF A COMMUNITY TARIFF QUOTA FIXED IN ACCORDANCE WITH THE FOLLOWING PROVISIONS .

2 . THE GRANT OF EXEMPTION FROM CUSTOMS DUTIES IN THE NEW MEMBER STATES SHALL NOT , HOWEVER , AFFECT THE APPLICATION OF ARTICLE 38 OF THE ACT OF ACCESSION .

ARTICLE 2

1 . THE TARIFF QUOTA PROVIDED FOR IN ARTICLE 1 SHALL BE FIXED EACH YEAR FOR A PERIOD RUNNING FROM 1 JULY TO 30 JUNE .

2 . HOWEVER , A QUOTA SHALL BE FIXED FOR MARCH , APRIL , MAY AND JUNE OF 1976 WHICH SHALL BE EQUAL TO ONE-THIRD OF THE ANNUAL QUOTA .

ARTICLE 3

1 . THE ANNUAL TARIFF QUOTA SHALL BE FIXED ON THE BASIS OF A BASIC ANNUAL QUANTITY , CALCULATED IN HECTOLITRES OF PURE ALCOHOL , EQUAL TO THE AMOUNT OF IMPORTS DURING THE BEST OF THE LAST THREE YEARS FOR WHICH STATISTICS ARE AVAILABLE . FOR THE PURPOSES OF CALCULATING THE QUOTA FOR 1 MARCH TO 30 JUNE 1976 THE VOLUME OF IMPORTS IN 1975 SHALL BE TAKEN AS AN AGREED FIGURE AS BEING 80 000 HECTOLITRES OF PURE ALCOHOL .

2 . THE ANNUAL TARIFF QUOTA SHALL BE EQUAL TO THE BASIC ANNUAL QUANTITY DETERMINED PURSUANT TO PARAGRAPH 1 PLUS A GROWTH RATE OF 13 % . THE QUOTA SHALL BE FIXED ON THAT BASIS .

3 . HOWEVER , THE COUNCIL , ACTING UNANIMOUSLY ON A PROPOSAL FROM THE COMMISSION , MAY EACH YEAR INCREASE OR REDUCE THE RATE LAID DOWN IN PARAGRAPH 2 IN THE LIGHT OF COMMUNITY CONSUMPTION AND PRODUCTION AND DEVELOPMENTS OF THE TRADE FLOW WITHIN THE COMMUNITY AND BETWEEN THE COMMUNITY , THE COUNTRIES AND TERRITORIES AND THE ACP STATES .

ARTICLE 4

WHEN LAYING DOWN THE ANNUAL IMPORT QUOTA , THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , SHALL DETERMINE THE ALLOCATION OF THE QUOTA AMONGST THE MEMBER STATES , TAKING INTO ACCOUNT ACTUAL TRENDS ON THE MARKETS IN QUESTION , THE NEEDS OF THE MEMBER STATES AND ECONOMIC PROSPECTS FOR THE PERIOD UNDER CONSIDERATION .

ARTICLE 5

FOR THE PURPOSES OF IMPLEMENTING THIS DECISION THE CONCEPT OF " ORIGINATING PRODUCTS " AND THE METHODS OF ADMINISTRATIVE COOPERATION RELATING THERETO SHALL BE THOSE DEFINED IN ANNEX II TO REGULATION ( EEC ) N 1957/75 AND , AS FROM THE ENTRY INTO FORCE OF THE COUNCIL DECISION ON THE ASSOCIATION OF THE COUNTRIES AND TERRITORIES , THOSE DEFINED IN THE CORRESPONDING ANNEX TO THE SAID DECISION .

ARTICLE 6

THE PRODUCTS REFERRED TO IN ARTICLE 1 SHALL BE PLACED UNDER COMMUNITY SURVEILLANCE ACCORDING TO DETAILED ARRANGEMENTS TO BE LAID DOWN BY THE COUNCIL WHEN IT ADOPTS THE MEASURES PROVIDED FOR IN ARTICLE 3 .

ARTICLE 7

ARTICLE 7 AND ANNEX III OF REGULATION ( EEC ) N 1957/75 AND , AS FROM THE ENTRY INTO FORCE OF THE COUNCIL DECISION ON THE ASSOCIATION OF THE COUNTRIES AND TERRITORIES , THE CORRESPONDING PROVISIONS OF THE SAID DECISION , SHALL BE APPLICABLE TO THE PRODUCTS REFERRED TO IN ARTICLE 1 .

ARTICLE 8

THIS DECISION SHALL ENTER INTO FORCE ON 1 MARCH 1976 .

IT SHALL APPLY UNTIL 29 FEBRUARY 1980 .

ARTICLE 9

THIS DECISION SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

DONE AT BRUSSELS , 9 FEBRUARY 1976 .

FOR THE COUNCIL

THE PRESIDENT

G . THORN

ANNEX

LIST OF THE COUNTRIES AND TERRITORIES REFERRED TO IN ARTICLE 1

( THIS LIST DOES NOT PREJUDICE THE STATUS OF THESE COUNTRIES AND TERRITORIES NOW OR IN THE FUTURE )

1 . OVERSEAS COUNTRIES OF THE KINGDOM OF THE NETHERLANDS :

_ THE NETHERLANDS ANTILLES ( ARUBA , BONAIRE , CURACAO ; ST MARTIN , SABA , ST EUSTATIUS ) .

2 . OVERSEAS TERRITORIES OF THE FRENCH REPUBLIC :

_ SAINT PIERRE AND MIQUELON ,

_ MAYOTTE ,

_ TERRITORY OF THE AFARS AND ISSAS ,

_ NEW CALEDONIA AND DEPENDENCIES ,

_ WALLIS AND FUTUNA ISLANDS ,

_ FRENCH POLYNESIA ,

_ FRENCH SOUTHERN AND ANTARCTIC TERRITORIES .

3 . OVERSEAS COUNTRIES AND TERRITORIES OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND :

_ BELIZE ,

_ BRUNEI ,

_ ASSOCIATED STATES IN THE CARIBBEAN ( ANTIGUA , DOMINICA , ST LUCIA , ST VINCENT , ST KITTS , NEVIS AND ANGUILLA ) ,

_ CAYMAN ISLANDS ,

_ FALKLAND ISLANDS AND DEPENDENCIES ,

_ GILBERT ISLANDS ,

_ SOLOMON ISLANDS ,

_ TURKS AND CAICOS ISLANDS ,

_ BRITISH VIRGIN ISLANDS ,

_ MONTSERRAT ,

_ PITCAIRN ,

_ ST HELENA AND DEPENDENCIES ,

_ SEYCHELLES ,

_ BRITISH ANTARCTIC TERRITORY ,

_ BRITISH INDIAN OCEAN TERRITORY ,

_ TUVALU .

4 . ANGLO-FRENCH CONDOMINIUM OF THE NEW HEBRIDES .

5 . COUNTRIES PROVISIONALLY COVERED BY THIS DECISION :

_ THE COMORES ,

_ SURINAM .