22. 6. 90 Official Journal of the European Communities NoC 153/11 
Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 412/87 on the 
apportionment of the cereals provided for under the Food Aid Convention for the period 1 July 
1986 to 30 June 1989 
COM(90) 217 final 
(Submitted by the Commission on 7 June 1990) 
(90/C 153/09) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, 
Having regard to Council Regulation (EEC) No 
3972/86 of 22 December 1986 on food aid policy and 
food aid management (x), as last extended by Council 
Regulation (EEC) 1750/89 (2), and in particular the first 
and second indents of Article 4 (1) and Article 4 (2) 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Whereas the Food Aid Convention 1986 has been 
extended until 30 June 1991; 
O OJ No L 370, 30. 12. 1986, p. 1, and corrigendum in OJ No 
L42, 12. 2. 1987, p. 54. 
O OJ No L 172, 21. 6. 1989, p. 1. 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 113 
thereof, Whereas Regulation (EEC) No 412/87 (3) provides for 
the apportionment of the quantities of cereals provided 
for under the Food Aid Convention for the period 1 July 
1986 to 30 June 1989; whereas this period should be 
extended until 30 June 1991, 
HAS ADOPTED THIS REGULATION: 
Article 1 
In the first paragraph of Article 1 of Regulation (EEC) 
No 412/87, 30 June 1989 is replaced by 30 June 1991. 
Article 2 
This Regulation shall enter into force the day after its 
publication in the Official Journal of the European 
Communities. It is applicable from 1 July 1989. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
O OJ No L 42, 12. 2. 1987, p. 11. 
Whereas the Community signed the Fourth ACP-EEC 
Convention at Lom6 on 15 December 1989; whereas the 
Community decided, by Council Regulation (EEC) No 
714/90 of 5 March 1990 concerning the application of 
Decision No 2/90 of the ACP-EEC Council of Ministers 
on transitional measures valid from 1 March 1990 (*), to 
apply Protocol 6 annexed to the Convention autono­
mously in advance; Amended proposal for a Council Regulation (EEC) opening and providing for the 
administration of a Community tariff quota for rum, tafia and arrack originating in the African, 
Caribbean and Pacific States (ACP) (1990 to 1991) 
COM(90) 236 final 
(Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 11 June 1990) 
(90/C 153/10) 
Having regard to the proposal from the Commission, O OJ No L 84, 30. 3. 1990, p. 1. 
NoC 153/12 Official Journal of the European Communities 22. 6. 90 
Whereas Protocol 6 provides that products originating in 
the African, Caribbean and Pacific (ACP) States which 
fall within CN codes 2208 40 10, 2208 40 90, 2208 90 11 
and 2208 90 19 shall, until the entry into force of a 
common organization of the market in spirits, be 
allowed into the Community free of customs duties 
under conditions such as to permit the development of 
traditional trade flows between the ACP States and the 
Community and between the Member States; whereas 
the Community shall until 31 December 1993 fix each 
year the quantities which may be imported free of 
customs duties on the basis of the largest quantities 
imported annually from the ACP States into the 
Community in the past three years for which statistics 
are available, increased by an annual growth rate of 
37 % on the market of the United Kingdom and 27 % 
on the other markets of the Community; whereas the 
volume of the annual quantity can in no case be less than 
172 000 hectolitres of pure alcohol; 
Whereas Council Regulation (EEC) No 1820/87 of 25 
June 1987 concerning the application of Decision No 
2/87 of the ACP-EEC Council of Ministers on the 
advance implementation of the Protocol to the Third 
ACP-EEC Convention consequent on the Accession of 
the Kingdom of Spain and the Portuguese Republic to 
the European Communities (') provides for special 
arrangements for the quota duties to be applied by those 
two Member States; whereas by reason of the particu­
larities peculiar to the market in rum the quota period 
ranges from 1 July to 30 June; 
Whereas, having regard to the levels reached by imports 
of the products concerned into the Community during 
the past three years for which statistics are available, the 
annual quota volume for the period 1 July 1990 to 30 
June 1991 must be fixed at 193 668 hectolitres of pure 
alcohol; 
Whereas it is in particular necessary to ensure to all 
Community importers equal and uninterrupted access to 
the abovementioned quota and uninterrupted application 
of the rate laid down for that quota to all imports of the 
products concerned into all Member States until the 
quota has been used up; 
Whereas, following the case law of the Court of Justice, 
it is unlawful to allocate the Community quotas between 
the Member States, unless overriding circumstances of an 
administrative, technical or economic nature prevent 
acting otherwise; whereas, in addition, in cases where it 
is decided to allocate quotas, a mechanism should be set 
up whereby the integrity of the Common Customs Tariff 
may be protected; Whereas the economic difficulties which could result for 
the French Overseas Departments (FOD) from the 
sudden change in the arrangements for importing rum 
from the African, Caribbean and Pacific (ACP) States 
constitute circumstances having a binding effect which 
justify the temporary and partial maintenance of these 
arrangements; whereas, however, the arrangements for 
allocation of the quota into national shares should be 
phased out and can only be justified on a transitional 
basis; whereas the arrangements should in any event 
definitively disappear with the prospect of the estab­
lishment of the internal market; 
Whereas, in these circumstances, provision should be 
made to increase to 40 % the volume of the Community 
reserve, with a system for the automatic transfer of 
Member States' shares to this reserve as soon as 80 % of 
the latter has been used up; 
Whereas, during the past three years for which statistical 
data are available, imports from Member States have 
been as follows: 
(in hectolitres of pure alcohol) 
Member State 
Benelux 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Portugal 
United Kingdom 
Total 1987 
6 264 
1 884 
33 570 
50 
244 
1 929 
2 060 
800 
7 
72 040 
118 848 1988 
7 389 
2 038 
42 523 
1 216 
2 189 
806 
63 525 
119 686 1989 
7 621 
1 748 
48 591 
586 
156 
19 
2 973 
431 
83 773 
145 898 
Whereas, in view of these factors, of market forecasts for 
the products in question and of the estimates submitted 
by certain Member States, quota shares may be fixed 
approximately at the following percentages: 
Benelux 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Portugal 
United Kingdom 5,53 
1,47 
32,43 
0,17 
0,10 
0,83 
1,88 
0,53 
0,00 
57,06 
0) OJ No L 172, 30. 6. 1987, p. 3. Whereas provision should be made for a mechanism to 
prevent, when the Community quota is not exhausted, 
22. 6. 90 Official Journal of the European Communities NoC 153/13 
goods from being imported into a Member State which 
has exhausted its share only after the full application of 
customs duties, or after having been diverted to another 
Member State which has not yet exhausted its share; 
whereas, in these circumstances, if, during the quota 
period, the Community reserve were to be almost 
entirely used up, Member States should return to the 
said reserve all of the unused portion of their initial 
shares so as to avoid part of the Community tariff quota 
from remaining unused in one Member State, when it 
could be used in others; Commission, and the Commission must be able to keep 
account of quota utilization rates and inform the 
Member States accordingly; 
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 administration of the contingents may be carried out 
by any one of its members, 
Whereas measures should be laid down to ensure that 
Protocol 6 is implemented under conditions such as to 
permit the development of traditional trade flows 
between the ACP States and the Community, on the one 
hand, and between the Member States on the other; 
Whereas this form of administration requires close col­
laboration between the Member States and the HAD ADOPTED THIS REGULATION: 
Article 1 
1. From 1 July 1990 to 30 June 1991, the following 
products originating in the ACP States shall be imported 
duty free into the Community within the limits of the 
relevant Community tariff quota mentioned: 
Order No 
09.1606 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) 
193 668 Quota duty 
free 
2. 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 Regulation (EEC) No 1820/87. Article 3 
If a Member State's initial share as specified in Article 2 
(2) has been used up entirely, the following provisions 
shall apply. 
Article 2 
1. The tariff quota referred to in Article 1 shall be 
divided into two instalments. 
2. A first instalment of 116 200 hectolitres of pure 
alcohol shall be allocated amongst the Member States; 
the shares which, subject to Article 3, shall apply until 30 
June 1991, amount to the following quantities: If an importer presents, in a Member State, a declaration 
as to entry into free circulation comprising a request for 
preferential treatment for a product covered by this 
Regulation, and this declaration is accepted by the 
customs authorities, the Member State comcerned shall, 
by notifying the Commission, draw an amount corre­
sponding to its requirements from the reserve referred to 
in Article 2 (3). 
Benelux 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Portugal 
United Kingdom (hectolitres of 
pure alcohol) 
6 425 
1 710 
37 685 
200 
115 
955 
2 185 
615 
10 
66 300 Requests to draw on the reserve together with the date 
of acceptance of the said declaration must be forwarded 
to the Commission without delay. 
Drawings shall be granted by the Commission on the 
basis of the date of acceptance of goods for entry into 
free circulation by the customs authorities of the 
Member State concerned, provided a sufficient amount 
remains in the reserve. 
3. A second instalment of 77 468 hectolitres of pure 
alcohol shall constitute the Community reserve. If a Member State does not use the quantities drawn, it 
shall return them to the reserve as soon as possible. 
NoC 153/14 Official Journal of the European Communities 22. 6. 90 
If requests for drawings exceed the amount remaining in 
the reserve, an allocation shall be made pro rata. The 
Member States shall be so informed by the Commission. 
Article 4 
Once at least 80 % of the reserve as defined in Article 2 
(3) has been used up, the Commission shall inform the 
Member States thereof. 
It shall also notify Member States in this case of the date 
from which drawings on the Community reserve must be 
made according to the provisions laid down in Article 3, 
if these provisions are not already in effect. 
Within a time limit fixed by the Commission as from the 
date referred to in paragraph 2, Member States shall be 
required to return to the reserve all their initial shares 
which have not been used on that date. 
Article 5 
The Commission shall keep an account of the shares 
opened to the Member States pursuant to Articles 2 and 
3 and shall, as soon as it has been notified, inform each 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 84 (2) 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the establishment and functioning of the 
internal market involves the elimination of technical 
barriers to the transfer of ships between the national State of the extent to which the reserves have been used 
up. 
It shall inform the Member States of the volume of the 
reserve following any return of quota shares pursuant to 
Article 4. 
Article 6 
Each Member State shall ensure that importers of the 
products concerned have free access to the quota for 
such time as the residual balance of the quota volumes so 
permits. 
Article 7 
The Member States and the Commission shall cooperate 
closely to ensure that this Regulation is complied with. 
Article 8 
This Regulation shall enter into force on 1 July 1990. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
registers while safeguarding a high level of safety of 
ships and environmental protection in conformity with 
international regulations; 
Whereas measures to facilitate the transfer of ships 
within the Community are required to free European 
shipowners from unnecessary costs and administrative 
procedures involved in a change of register within the 
Community and also to improve the operating conditions 
and the competitive position of Community shipping; 
Whereas the issue of international certificates for safety 
and pollution prevention, provided under the 1974 Inter­
national Convention for the Safety of Life at Sea (1974 
Solas), the International Convention on Load Lines 1966 
(LL 1966) and the International Convention for the 
Prevention of Pollution from Ships 1973, as modified by 
its Protocol of 1978 (Marpol 73/78), is the responsibility 
of States; Proposal for a Council Regulation (EEC) on the transfer of ships from one register to another 
within the Community 
COM(90) 219 final 
(Submitted by the Commission on 12 June 1990) 
(90/C 153/11)