COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(94) 277 final 
Brussels, 12.07.1994 
94/0162 (ACC) 
Proposal for a 
COUNCIL REGULATION (EC) 
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) 
(1994/95) 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
1. Protocol No 6 annexed to the Fourth Lomé Convention, which was signed 
on 15.12.1989, stipulates that products falling within CN codes 
2208 40 10, 2208 40 90, 2208 90 11 and 2208 90 19 (rum, tafia and 
arrack) and originating in the ACP States shall be imported into the 
Community free of customs duty. 
These preferential arrangements apply only to a quantity to be fixed 
annually by the Community. 
Regarding the method of calculating the quota volume, this is set out 
in Article 2 of the said Protocol. 
By reason of the peculiarities inherent in the rum market, the quota 
period is from 1 July to 30 June. 
For the quota period 1 July 1994 to 30 June 1995, the quota volume is 
equal to that of the preceding period increased by 20 000 hi. 
This increase contitutes a normal application of the protocol, without 
prejudice to the answer to be provided, to the question raised about 
this volume by the ACP countries on the basis of Article 2 C of 
Protocol No. 6 of the Lomé Convention. This question will be examined 
in the context of the work and analyses to be performed with a view to 
abolishing quotas and of the reports on that matter. 
Consequently, the Commission reserves the possibility of amending this 
proposal at a suitable moment, after it has seen the conclusions 
arising from this examination. 
2. Preferential arrangements should therefore be adopted in the form of a 
Community tariff quota for rum, tafia and arrack originating in the 
ACP states. 
This is the purpose of the attached Council proposal 
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COUNCIL REGULATION (EC) No /94 
Of 
opening and providing for the administration of a Community 
tariff quota for rum, tafia and arrack originating 
in the African, Caribbean and Pacific (ACP) States 
(1994 to 1995) 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in 
particular Article 113 thereof, 
Having regard to the proposal from the Commission, 
Whereas the Fourth ACP-EEC Convention entered into force on 
1 September 19911 ; 
Whereas Protocol 6 thereof stipulates 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 ot traditional traffic flows between the ACP States 
and the Community and between the Member States; whereas the Community 
shall until 31 December 1995 fix each year the quantities which may be 
imported free of customs duties ; whereas according to that protocol, more 
the quota for 1994 and 1995 will be the same as that for the previous year 
increased by 20 000 hectolitres of pure alcohol; 
Whereas, the annual quota volume for the period from 1 July 1993 to 
30 June 1994 has been fixed at 224 827 hectolitres of pure alcohol; 
whereas this volume is to be increased by 10 000 hectolitres of pure 
alcohol for the second semester of 1994 and of 10 000 hectolitres of pure 
alcohol for the first semester of 1995; whereas the annual quota volume for 
the period 1 July 1994 to 30 June 1995 has been fixed at 244 827 
hectolitres of pure alcohol; 
0J No L 229, 17.8.1991, p.3. 1 -
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Whereas equal and continuous access to the said quota should be ensured for 
all Community importers and the rates laid down for the quotas should be 
applied consistently to all imports of the products in question into all 
the Member States until the quota is exhausted; whereas the decision for 
the opening of tariff quotas in fulfilment of its international obligations 
should be taken by the Community; whereas, to ensure the efficient common 
administration of these quotas, however, there is no obstacle to 
authorizing the Member States to draw from the quota volumes the necessary 
quantities corresponding to actual imports; whereas, however, this method 
of administration requires close cooperation between the Member States and 
the Commission and the latter must, in particular, be able to monitor the 
rate at which the quotas are used up and inform the Member States 
accordingly; 
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, and 
between the Member States; 
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 quotas may be carried out by any one of its members, 
HAS ADOPTED THIS REGULATION: 
Art icle 1 
From 1 July 1994 to 30 June 1995 the following products originating in the 
ACP States shall be imported into the Community free of customs duty within 
the limits of the relevant Community tariff quota shown below: 
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Order No CN code Descr ipt ion Quota Volume 
(in hi of pure 
a IcohoI Quota duty 
09.1605 2208 40 10 
2208 40 90 
2208 90 11 
2208 90 19 Rum, tafia and arrack 244 827 Free 
Article 2 
The tariff quota referred to in Article 1 shall be administered by the 
Commission, which may take all appropriate administrative measures to 
ensure the effective administration thereof. 
Art icle 3 
If an importer presents in a Member State a declaration of entry for free 
circulation together with a request for preferential treatment for a 
product covered by this Regulation, and the declaration is accepted by the 
customs authorities, the Member State concerned shall inform the Commission 
and draw an amount corresponding to these requirements from the quota 
volume. 
Requests to draw from the quota, indicating the date of acceptance of the 
said declarations, must be transmitted to the Commission without delay. 
Drawings shall be granted by the Commission by reference to the date of 
acceptance by the customs authorities of the Member State concerned, of the 
declarations of entry for free circulation, provided the residual balance 
so permi ts. 
If a Member State does not use the quantities drawn, it shall return them 
to the quota as soon as possible. 
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If the quantities requested are greater than the available balance of the 
quota volume, allocation shall be made on a pro rata basis. The Member 
States shall be informed by the Commission of the drawings granted. 
Art icle 4 
Each Member State shall ensure that importers of the products concerned 
have equal and continuous access to the quota as long as the residual 
balance so permits. 
Art icle 5 
The Member States and the Commission shall cooperate closely to ensure that 
this Regulation is complied with. 
Art icle 6 
Council Regulation (EEC) No 3705/90 of 18 December 1990 on the safeguard 
measures provided for in the Fourth ACP-EEC Convention1 shall apply to the 
products covered by this Regulation. 
Art icle 7 
This Regulation shall enter into force on the day following that of its 
publication in the Official Journal of the European Communities. 
It shall apply from 1 July 1994. 
This regulation shall be binding in its entirety and directly applicable in 
a I I Member States. 
Done at 
For the Counc iI 
The President 
0J No L 358, 21.12.1990, p.4 -C 
FINANCIAL STATEMENT 
1. Budget heading: Chapter 12, Article 120 
2. Legal basis: Article 113 of the Treaty 
3. Title of tariff measure : Proposal for a Council Regulation opening 
and providing for the administration of a Community tariff quota for 
rum, tafia and arrack originating in the African, Caribbean and 
Pacific (ACP) States (1994/1995) 
4. Aim: To fulfil obligations imposed by agreements (Fourth Lomé 
Convention) 
5- Method of calculation: 
CN codes; 2208 40 10, 2208 40 ©0, 2208 90 11 , 2208 90 19 
Volume of the <pota: 244 827 hi of pure alcohol 
(period 1*7.94-30.6.85} 
Duty to fce applied: free 
Normal CCT duty: - 1 ECU/hi/% vol + 5 €CU/*I << 2 J) 
- 1 ECU/hi/% vol (> 2 I). 
6. Loss of revenue: 
Estimate: 56 310 hi in containers holding 2 litres or less 
188 517 hi in containers holding more than 2 litres 
The loss stands at ECU 23 891 935. For the previous period {1.7.1993 
to 30.6.1994) the loss stood at ECU 22 754 224. 
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ISSN 0254-1475 
COM(94) 277 final 
DOCUMENTS 
EN 1102 
Catalogue number : CB-CO-94-331-EN-C 
ISBN 92-77-71706-8 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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