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COM (83) 161 
 
 
 
Vol. 1983/0 045 
 
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Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the opening  to the public of the historical archives of the European Economic 
Community and the European Atomic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), this fil e is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februar 1983 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 vom 27.9 .2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION  OF THE  EUROPEAN  COMMUNITIES 
COM(83).  161  final 
Brussels,  29 March  1983 
Proposal  for a 
COUNCIL.REGULATION.(EEC) 
opening,  allocating and providing for the administration of a 
Community  tariff  quota for rum, arrack and tafia falling 
within subheading  22.09  CI of the Common Customs Tariff and 
originating in the overseas countries and territories 
associated  with  the European Economic Community  (1983/1984) 
(submitted to the Council by the Commission) 
COM(83)  161  final 

EXPLANATORY MEMORANDUM 
1. Annex IX of Decision  80/1186  of the  Council  of 16 December 1980 provides 
that rum,  arrack  and tafia falling within subheading  22.09  C I of the 
Common  Customs  Tariff  and 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 annual period of 
application  of which shall be from 1  July  to 30 June of the following year. 
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 to be subject to a 
rate of growth of 18 96. 
2. The imports of the products in question during the  last  three years  were  as 
follows : 
- in hi of pure alcohol -
1980  1981 1982 
Benelux 10 -
Denmark  51 - 31 
Germany  55,625  52,261  43,488 
Greece 
France  -
Ireland  100 
Italy -
United  Kingdom  2 22 18 
55,788  52,283  43,537 
It follows from  these  figures that the quantities relative to the year 1980 
should be taken as determining the annual basic amount.  Having  regard to 
the present overall position concerning the products in question the rate of 
growth applicable to the basic amount may be taken as 18%, 

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In these  circumstances, the volume of the Community tariff quota for the 
period  from 1 July 1983 to 30 June 1984 should be fixed at  65,8i0 
hectolitres of pure alcohol. 
3. The Regulation provides in the usual way, for the splitting up of the tariff 
volume into two parts, of which the first will be allocated among the 
Member  States  as quota  shares  and the second will be kept as a reserve. 
The allocation of the first instalment has to be determined by taking into 
account actual trends on the market in question, the  needs  of the Member 
States  and economic prospect for the period under consideration. 
However, in  this  case,  this  principle cannot be applied completely. For, 
during  the  past  three years there  were  no imports in certain Member 
States,  and in other Member  States  they  were  insignificant. To allocate the 
quotas  in question  nevertheless,  equitably among Member  States,  it appears 
desirable to provide for a significant share of the quota amount for each of 
the Member  States. 
4. It is proposed that the draft regulation of the  Council  on the opening, 
allocation and administration of the Community tariff quota outlined above 
be approved ( eee annex). 

PROPOSAI.  FOR  A 
COUNCIL  REGULATION  (EEC) 
opening,  allocating and providing for the administration of a Community  tariff 
quota for rum, arrack and tafia  falling  within  subheading 22.09 C I of the 
Common  Customs  Tariff  and originating in the overseas countries and  territo­
ries associated  with  the European Economic Community  '(·]983/1984) 
j. 
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  Council  Decision  80/1  186/EEC  of 
16 December 1980 on the association of the overseas 
countries and territories  with  the European Economic 
Community  ('), and in particular  Annex  IX thereto. 
Having  regard to the proposal  from  the  Commission, 
Whereas  Annex  IX of  Decision  80/1186/EEC 
provides  that  rum, arrack and tafia  shall  be imported 
into the Community free of customs duties  within  the 
limits  of a Community  tariff  quota; whereas the 
annual size of the quota is to be  fixeti  on the basis of 
a basic annual quantity, calculated in hectolitres of 
pure  alcohol,  to which  a growth  rate  of 18 % is to be 
applied,  equal to (lie amount of imports during the 
best of the  past  three  years for  which  statistics are 
available  ; whereas this  rate  may be  modified  in the 
ligrtt  of certain criteria ; whereas the quota period lasts 
from  1 July  until  30 June of the  following  year; 
whereas this Community  tariff  quota should be 
opened for the period I  July  W3 to 30 June 198 4. 
Whereas Community statistics for the years  !9/£>to 
, 198 2 show  that  the highest volume of imports into 
the Community of the products in question  origi­
nating  in the said countries and territories, namely 
55 788 hectolitres of pure  alcohol,  occurred in  I9gfj; 
whereas, in the light of consumption and production 
within  the Community and of the development of 
trade  both  within  the Community and between the 
Community,  the countries and territories and the ACP 
States, the  rate  of growth for the quota period in ques­
tion may be  fixed  at 18 % ; whereas the Community 
tariff quota for the period I  July  i 983 to 10  (tine 
198 4 should therefore be  fixed  at / hectolitres of 
pure  alcohol  ; 65 g3Q 
(') OJ No L  361, 31. 12. 1980,  p. I 

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Whereas it is in particular necessary to ensure for all 
Community  importers equal and uninterrrupted 
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 Member States  until  the quota lias been used 
up; whereas, having regard to the above principles, 
the Community nature of the quota can be respected 
by allocating the Community  tariff  quoia among the 
Member  States; whereas, in order to reflect as 
accurately as possible the actual trend of the market 
in the products in question, such allocation should be 
in proportion to the requirements of the Member 
States, calculated by reference to the statistics of each 
State's imports of the said products  from  OCT  over a 
representative reference period and also to the 
economic  outlook for the quota period in question; 
Wherew,  during the  past  three  years  for which  statis­
tics are available, the corresponding imports by each 
of the Member States represent the  following  percen­
tages  of the imports into the Community  from  the 
countries in question of the products concerned ; 
Member  States 1980 198'1 1982 
Benelux 0.02 _ -
Denmark 0.09 -0.07 
Germany 99.70 99.96 99.89 
Greece --France - -
Ireland 0.18 -Italy I -
United  Kingdom o.oi i 0.04 
. 0.16 
Whereas, in  view  of these  factors of market forecasts 
for the products in question and of the estimates 
submitted by certain Member States,  initial  quota 
shares  may be  fixed  approximately at the  following 
percentages : 
Benelux 0 .08 
Denmark 0 .16 
Germany 99 .28 
Greece 0 .08 
France 0 08 
Ireland 0. 08 
Italy 0. 08 
United Kingdom 0. 16 

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Whereas, in order to take into account import trends 
for the products concerned in the various Member 
States, the quota volume should be  divided  into two 
instalments, the first being shared among the Member 
States  and the second constituting a reserve to cover 
at a later  date  the requirements of Member  States 
which  have used up their  initial  quota shares; 
whereas, in order to give importers in each Member 
State a certain degree of security, the first instalment 
of the Community quota should, under the present 
circumstances, be  fixed  at 9O % of the quota volume; 
Whereas the Member States'  initial  shares  may be 
used up at different times; whereas, in order to take 
this fact into account and  avoid  any nreak in 
continuity,  any Member State  which  has almost used 
up its  initial  share  must draw an additional  share  from 
the reserve; whereas this must be done by each 
Member  State as and when each of its additional 
shares  is almost entirely used up, and repeated as 
many times as the reserve  allows;  whereas the  initial 
and additional  shares  must be  valid  until  the end of 
the quota period; whereas this method ol 
administration  requires close cooperation between the 
Member  States  and—the  Commission,  and the 
Commission  must be in a position to monitor the 
extent to  which  the quota volume has been used up 
and inform  the Member  States  thereof; 
Whereas if, at a given  date  in the quota period, a 
considerable quantity is left over in any Member 
State, it is essential  that that  Member Stale- should 
return a significant proportion to the reserve u> 
prevent a part of the Community quota  from 
remaining  unused in one Member State when it  could 
be used in others; 
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 relating to the administration of the quota 
shares  allocated to  that  economic  union  may be 
carried out by any one of its  members, 

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HAS  ADOPTED  THIS  REGULATION  : 
Article  1 
1. From  1 July  1983  to 30 June 198 4.um, arrack 
and tafia  falling  within  subheading  22.09  C I of the 
Common  Customs  Tariff  and originating in the coun­
tries and territories referred to in  Article  1 of Decision 
80/1186/EEC  shall  be imported free of customs duty 
into the Community  within  the  limits  of a  Commu­
nity tariff  quota of hectolitres of pure  alcohol. 
65 830 
2. The rules of  origin  applicable to the products 
referred  to in paragraph I  shall  be those set out in 
Annex  II of  Decision  80/1186/EEC. 
as indicated in Article  2, 
3. 'Within  the  limit  of its share,/ the  Hellenic 
Republic  shall  apply customs duties calculated in 
accordance  with  the relevant provisions of the  1979 
Act of Accession  and of Council Decision 
81/5^/EEC  (1). 
Article  2 
1. The Community  tariff  quota referred to in 
Article  I shall  be divided  into two instalments. 
2. A first instalment, amounting to  59 300 
hectolitres  shall  be shared among the Member States; 
the respective shares,  which  subject to  Article  5 shall 
be valid  until  30 June  19&'4  shall  be as  follows: 
-(in hi of pure alcohol.)  -
— Benelux:  50 
— Denmark: 100 
— Germany: 58 850 
— Greece:  50 
— France: 50 
— Ireland: 50 
.efe^iy  r......i  .  1.  ........ma—KiS-fl  •—WW•KnrafcWxCJE.:ii. 
— United  Kingdom: 100 
3. The  second  instalment  of hectolitres  shall 
constitute the reserve. 0 530 
Article  3 
1. If 90% or more of a Member State's  initial 
share as  specified  in Article  2 (2), or of  that  share 
minus  the portion returned to the reserve, where 
Article  5 is applied, has been used up,  that  Member 
State  shall  without delay, by  notifying  the 
Commission,  draw a second share equal to 15 % of 
its initial  share, rounded up where necessary to the 
next unit,  to the  extent  permitted  by the amount of 
the reserve. 
(1) 0J nO L  53, 27.2.1982,  p. 42. 

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2. If, after its  initial  share has been used up, 90 % 
or more of the second share drawn by a Member 
State has been used up,  that  Member State  shall,  in 
accordance  with  the conditions  laid  down in 
paragraph 1, draw a  third  share equal to 7-5 % of its 
initial  share, rounded up where necessary to the next 
unit. 
3. If, after its second share has been usee! up, 90 °/p 
or more_of the  third  share drawn by a Member State 
has been used up,  that  Member State  shall,  in 
accordance  with  the same conditions, draw a fourth 
share equal to the  third. 
This  process  shall  continue  until  the reserve is used 
up. 
4. By way of derogation  from  paragraphs 1, 2 and 
3, a Member State may draw shares smaller than 
those  fixed  in those paragraphs if  there  is reason to 
believe  that  they might not be used up. It  shall  inform 
the Commiision  of its reasons for  applying  this 
paragraph. 
Article  4 
Additional  shares drawn pursuant to  Article  3 shall  be 
valid  until  30 June 198 4. 
Article  5 
The Member States  shall  return to the reserve, not 
later than 1  April  1984,the unused portion of their 
initial  share  which,  on i5  March  198 4 is in excess of 
20 % of the  initial  volume. They may return a larger 
quantity if  there  are grounds for  believing  that  this 
quantity may not be used. 
The Member States  shall,  not later than 1  April  1984, 
notify  the  Commission  of the total quantities of thv 
said goods imported up to 15  March  198  4 inclusive 
and charged against the Community quota, and of 
any quantities of the  initial  shares returned to the 
reserve. 

- 6 -
Article  6 
The Commission  shall  keep an account of the shares 
opened  by the  Member  States pursuant to  Articles  2 
and 3 and  shall  as soon as it has been not.tied,  inform 
each  State of the extent to  which  the reserve has been 
used  up. 
It shall  inform  the  Member  States, not later than 
5 April \9y of the amount in the reserve after 
quantities have been returned pursuant to  Article  5. 
The Commission  shall  ensure  that  the drawing  which 
uses up the reserve is  limited  to the balance available 
and to this end  shall  specify  the amount thereof to the 
Member  State  which  makes the last  drawing. 
Article  7 
1. The  Member  States  shall  take all measures 
necessary to ensure  that  additional shares drawn 
pursuant to  Article  3, are opened in such a way  that 
imports  may be charged without interruption against 
their  accumulated shares of the  Community  quota. 
2. The  Member  States  shall  ensure  that  importers 
of the  said  products have 
free access to the shares allocated to them. 
3. The extent to  which  a Member  State has used 
up its share  shall  be determined on the basis of the 
imports  of the goods in question entered  with  the 
customs authorities for free  circulation. 
A rticle  g 
1. In accordance  with  Article  6 of  Annex  IX to 
Decision  80/1186/EEC,  the Community  shall  monitor 
imports  of the products in question  originating  in the 
said countries and territories. 
2. Member  States  shall  forward  to tin.  Commission 
not later than the 15th day of each month  statements 
of imports of the products in question effected during 
the preceding month  ; only  products entered at 
customs in declarations for free  circulation  and accom­
panied  by  H movement certificate  conforming  to the 
rules  referred to in  Article  1 (2)  shall  be taken into 
consideration  for this purpose. 
3. The  Commission  shall  regularly  inform  the 
Member  States of the extent to  which  the  tariff  quota 
has been used up. 
4. Where necessary, consultations miy be  held  at 
the request of a  Member  State or on the  initiative  of 
the Commission, 

- 7 -
Article 9 
The Member  States  and the Commission shall 
cooperate  closely in  order  to ensure  that  this  Regu­
lation is complied with. 
Article  10 
This  Regulation shall  enter  into  force  on <| ju[y  
1983. 
This  Relation shdl be binding in iu  entirety  and  dirm]y ^ Jn ^ ^ 
Done at Brussels, 
For the Council 
The President