COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(92) 235 final 
Brussels, 4 June 1992 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration af a Community 
tariff quota for rum, tafia and arrack, originating in 
the overseas countries and territories associated 
with the European Economic Community (OCT) 
(1992/93) 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
Annex V of Council Decision 91/482/EEC of 27 July 1991 provides 
that rum, tafia and arrack falling within CN-codes 2208 40 10, 
2208 40 90, 2208 90 11 and 2208 90 19, originating in the overseas 
countries associated with the EEC shall be imported free of 
customs duty into the Community within the limits of a tariff 
quota. The volume of the tariff quota is to be determined by 
reference to an annual basic amount, calculated in hectolitres of 
pure alcohol, equal to the amount of the imports effected during 
the best of the latest three years for which statistics are 
available. This basic amount is subject to a growth rate of 27 % 
for the period until 31 December 1992. 
By Decision 91/482EEC, the Council has established arrangements 
for trade between the Kingdom of Spain and the Portuguese Republic 
on the one hand and the overseas countries and territories (OCT) 
on the other. The result is that the imports of the products in 
question in these two countries have the benefit of the tariff 
quota. However, as regards the quota duties, which will be 
applicable, particular provisions are provided for in the Article 
101 of the abovementioned Decision. 
Because of the particularities on the rum market, the quota period 
ranges from 1 July to 30 June of the following year. 
The imports of the products in question during the last three 
years were as follows : 
- 2 -
(in hi of pure alcohol) 
1989 1990 1991 
Benelux 0,33 - 1,20 
Denmark -
Germany 686 - 36,67 
Greece - - -
Spain -
France -
Ireland -
Italy -
Portugal - - . -
Un i ted 
Kingdom 440,16 519 51 
EC 1 126,49 519 88.87 
In these circumstances, the volume of the Community tariff quota 
for the period from 1 July 1992 to 30 June 1993 should be fixed at 
1278.57 hectolitres of pure alcohol. 
However, the volume of the annual quantity cannot in any case be 
less than 15 000 hectolitres of pure alcohol. 
- 3 -
4. Following the decision of the Court of Justice of 27 September 
1988 (case 51/87), it is appropriate not to provide shares for 
allocation among Member States. 
As regards the management system of this quota, it is proposed 
that the whole volume of the subject to this tariff quota should 
form a community reserve to which all Member States will have 
access according to the procedure laid down in Article 3 of the 
proposed Regulation. 
This is the purpose of the attached proposal. 
ANNEX : proposal for a Regulation 
Proposal for 
COUNCIL REGULATION (EEC) No /92 
opening and providing for the administration of a Communiy tariff quota for 
rum, tafia and arrack originating in the overseas countries and territories (OCT) 
associated with the European Economic Community (1992/93) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, 
Having regard to Council Decisional /^82'EEC of 27 
July 1991 on the association of the overseas countries 
and territories with the European Economic 
Community ('), 
and in particular Annex V thereto, 
Having regard to the proposal from the Commission, 
Whereas Annex V to Decision 91/482/EEC provides that 
rum, tafia and arrack shall be imported into the 
Community free of customs duties within the limits of a 
Community tariff quota ; 
Whereas the Community has established by Decision 
86/47/EEC^y, as last extended by Decision 
90/669/EEC (3), arrangements for trade between the 
Kingdom of Spain and the Portuguese Republic on the 
one hand and the overseas countries and territories (OCT) 
on the other; whereas this Decision lays down provisions 
concerning the quota duties to be applied by those two 
Member States on imports of products originating in the 
OCT; 
Whereas the annual size of the quota is to 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 past three years for which statistics are 
available and to which quantity a growth rate equal to 
27 % is applied ; whereas the quota period ranges from 1 
July to 30 June ; 
Whereas Community statistics for these products and the 
trend for the years 198 9 to 199<j show that the highest 
volume of imports into the Community of the products 
in question originating in the OCT, namely 1 126,49 hectolitres of pure alcohol, occurred in 1989, whereas, on 
that basis, the quota volume should therefore be fixed at 
1278,57 hectolitres of pure alochol ; 
Whereas by application of the provisions of Article 2 (a) 
of Annex V to Decision VIA^^EEC the quota volume in 
question should however be increased to 15 000 
hectolitres of pure alcohol ; 
Whereas it is in particular necessary to ensure for all 
Community importers equal and uninterrupted access to 
the abovementioned quota and uninterrupted application 
of the rates laid down for that quota to all imports of the 
products concerned into all Members States until the 
quota has been used up ; whereas it is appropriate to take 
the necessary measures to ensure effective Community 
administration of this tariff quota while offering the 
Member States the opportunity to draw from the quota 
volume the necessary quantities corresponding to actual 
imports ; whereas this method of administration requires 
close cooperation between the Member States and the 
Commission ; 
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 operation concerning the adminis­
tration of the quota may be carried out by any one of its 
members. 
HAS ADOPTED THIS REGULATION 
Article 1 
1. From 1 July 1992 to 30 June 1993, the following 
products originating from the OCT shall be imported 
duty free into the Community within the limit of the 
relevant Community tariff quota mentioned : 
Order No 
09.1621 CN code 
2208 40 10 
2208 40 90 
2208 90 11 
2208 90 19 Description 
Rum, tafia and arrack Quota Volume 
(in hi of pure 
alcohol) 
15 000 Quota duty 
Free 
(1) OJ N. L 263, 19.9.1991, p. 27 
(2)OJ NcT L 63, 5. 3. 1986, p. 95. 
Q)OJ No L 365, 28. 12. 1990, p. 79. 
- 2 -
2. The rules of origin applicable to the products 
referred to in paragraph 1 shall be those set out in Annex 
II to Decision 91 /68&EEC. 
3. Within the limit of this quota, the Kingdom of 
Spain and the Portuguese Republic shall apply customs 
duties calculated in accordance with the 1985 Act of 
Accession and Decision 86/47/EEC. 
Article 2 
The tariff quota referred to in Article 1 shall be 
administered by the Commission, which may take any 
appropriate measure with a view to ensuring the efficient 
administration thereof. 
Article 3 
If an importer presents in a Member State a declaration of 
entry into free circulation including a request for 
preferential benefit for a product covered by this 
Regulation, and if this declaration is accepted by the 
customs authorities, the Member State concerned shall 
draw, from the tariff quota, by means of notification to 
the Commission, a quantity corresponding to these needs. 
The requests for drawing, with the indication of the date 
of acceptance of the said declaration, must be 
communicated to the Commission without delay. The drawings are granted by the Commission on the basis 
of the date of acceptance of the declarations of entry into 
free circulation by the customs authorities of the Member 
State concerned, to the extent that the available balance 
so permits. 
If a Member State does not use the quantities drawn, it 
shall return them as soon as possible to the tariff quota. 
If the quantities requested are greater than the available 
balance of the tariff quota, allocation shall be made on a 
pro rata basis with respect to the requests. Member States 
shall be informed by the Commission of drawings made. 
Article 4 
Each Member State shall ensure that importers of the 
product concerned have equal and continuous access to 
the quota for such time as the residual balance of the 
quota volume so permits. 
Article 5 
The Member States and the Commission shall cooperate 
closely to ensure that this Regulation is complied with. 
Article 6 
This Regulation shall enter into force on 1 July 1992 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
The President 
6 
FINANCIAL RECORD 
1. Budget Iine concerned : Chap. 12 Art. 120 
2. Legal basis : Art. 136 of the Treaty 
3- Title of the tariff measure concerned : Proposal for Council 
regulation (EEC) opening and providing for the administration af a 
Community tariff quota for rum, tafia and arrack, originating in 
the overseas countries and territories associated with the 
European Economic Community (OCT) (1992/93) 
4. Oblect ive : Execution of an autonomous measure (Decision relating 
to the association of Overseas Countries and Territories to the 
EEC) 
5. Method of calculation : 
CCT heading: 2208 40 10, 2208 40 90, 2208 90 11, 2208 90 10 
Volume of the quota: 15 000 hi 
Duty to be applied: free 
Normal CCT duty: 
in containers holding 2 litres or less : 1 ECU/hl/% vol alcohol + 
5 ECU/hl 
in containers holding more than 2 litres : 1 ECU/hl/% vol alcohol 
6. Duty-loss : 
Loss of revenue for the period 1.7.92 to 30.6.93 stands at l 504 
725 ECU. 
(2 litres or less : 945 hi) 
(more than 2 litres : 14 055 hi) 
7 
For the period 1991/1992, a same loss stood at 
Method of calculation 
15 000 X 400 - 945 (< 2 I) 
6 346 
15 000 X 5 946 - 14 055 (> 2 I) 
6 346 
15 000 
945 X 105 - 99 225 
14 055 X 100 - 1 405 500 
1 504 725 ECU 
ISSN 0254-1475 
COM(92) 235 final 
DOCUMENTS 
EN il 02 
Catalogue number : CB-CO-92-242-EN-C 
ISBN 92-77-44629-3 
Office for Officiai Publications of tbe European Communities 
LP2985 Luxembourg