COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 12.06.1995 
COM(95) 262 final 
95/0145 (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 (ACP) States 
(second half 1995 and 1996 to 1999) 
and amending Regulation (EC) No 1989/94 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) 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
1. Protocol No 6, annexed to the IV Lomé Convention, was signed on 15 December 
1989 It stipulates that imports into the Community of products of CN codes 2208 
40 10, 2208 40 90, 2208 90 11 and 2208 90 19 (rum, tafia and arrack), originating in 
the ACP States are exempted from customs duties. This preferential treatment is 
limited to a quantity set annually by the Community. 
The method for calculating the volume of the quota is laid down in Article 2 of the 
Protocol. 
In view of the characteristics of the market in rum, the quota period runs from 1 July 
to 30 June. 
2. The quota volume for the period from 1 July 1994 to 30 June 1995 opened under 
Regulation No 1989/94 should be increased to accommodate both the strong increase 
in the traditional trade flows in rum, tafia and arrack between the ACP State and the 
Community, and the market demand for these products from the three new Member 
States. The increase is in line with the Protocol's normal implementing arrangements 
and meets the request put forward by the ACP States pursuant to Article 2(c) and (d) 
of the Protocol. 
3. The quota volume for the period from 1 July to 31 December 1995 is equivalent to 
half the volume for the preceding period increased by 10 000 hi of pure alcohol. 
Accordingly, preferential arrangements should be implemented for that period with 
the opening of a Community tariff quota for rum, tafia and arrack originating in the 
ACP States. 
4. As regards the arrangements applicable from 1996, the Council, on the basis of a 
Commission report, has decided to abolish the quota system from 1 January 1996 in 
respect of "light" ACP rum and to maintain a tariff quota for "traditional" ACP rum 
pending full liberalization from 1 January 2000. 
The volume for that quota shall be 58 000 HPA for 1996, 61 000 HPA for 1997, 
64 000 HPA for 1998 and 67 000 HPA for 1999. 
5. This is the purpose of the proposal for a Council regulation annexed hereto. 
Proposal for 
a Council Regulation 0(EC) 
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 
(second half 1995 and 1996 to 1999) 
and amending Regulation (EC) No 1989/94 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 Convention1 entered into force on 1 September 1991; 
Whereas Protocol 6 thereof stipulates that products originating int he 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 traffic flows 
between the ACP States and the Community, whereas the Community shall until 31 
December 1995 fix each year the quantities which may be imported free of customs 
duties; 
"Whereas Council Regulation (EC) No 1989/942 opened a Community tariff quota 
(Order No 09.1605) for rum, tafia and arrack for the period 1 July 1994 to 
30 June 1995; 
Whereas economic data currently available suggests that the traditional trade flow 
between the ACP States and the Community in the rum sector has increased 
significantly and could, during the current period, attain levels higher than the 
volumes set by the Regulation referred to above, whereas accordingly the volume of 
the quota opened by Regulation (EC) No 1989/94 should be increased as provided 
for in Article 2(c) of Protocol No 6 referred to above; 
Whereas, in view of the market demand from the three new Member States, the quota 
should be adjusted pursuant to Article 2(d) of the said Protocol; 
Whereas additional imports of rum from ACP countries during the period covered by 
Regulation (EC) No 1989/94 is estimated at 50 000 hi of pure alcohol; 
(l)OJNoL229, 17.8.1991, p. 3. 
(2) OJ No L 200, 3.8.1994, p. 2. 
Whereas pursuant to Protocol No 6 of the said Convention the volume of the tariff quota 
for the period from 1 July 1995 to 31 December 1995 will be equivalent to half that of the 
previous year increased by 10 000 hi of pure alcohol, whereas the volume of the annual 
tariff quota for the period from 1 July 1994 to 30 June 1995 was set at 294 827 hi of pure 
alcohol, whereas 10 000 hi of pure alcohol should be added to half of that volume for the 
second half of 1995; 
Whereas pursuant to the said Protocol, as regards the arrangements applicable from 1996, 
the Council, on the basis of a report from the Commission, has decided to abolish the 
quota system in respect of "light" ACP rum from 1 January 1996 and to maintain a tariff 
quota for "traditional" ACP rum pending full liberalization on 1 January 2000; whereas the 
volume of the tariff quota shall be set at 58 800 HPA for 1996, 61 000 HPA for 1997, 
64 000 HPA for 1998 and 67 00 HPA for 1999; 
Whereas for these reasons the appropriate definition of "traditional" ACP rum should be 
given; whereas to this end the general definition of rum given in Council Regulation 
(EEC) No 1576/893, which stipulates that traditional rum is characterized by a high 
content of volatile substances other than ethyl and methyl alcohol; 
Whereas equal and continuous access to the said quota should be ensured for all 
Community importers and the rates laid down for the quota 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, 
HAS ADOPTED THIS REGULATION. 
(3)OJNoL 160, 12.6.1989. p. 1 
3 
Article 1 
The table given under Article 1 of Regulation (EC) No 1989/94 (Order No 09.1605) is 
replaced by the following table: 
Order No 
09.1605 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) 
294 827 Quota duty 
Free 
Article 2 
From 1 July 1995 to 31 December 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: 
Order No 
09.1605 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) 
157 414 Quota duty 
Free 
Article 3 
The following products originating in ACP States shall be imported free of customs duties 
for the periods and within the limits of the Community tariff quotas shown next to each of 
them. 
Order 
No 
09.1617 CN code 
ex2208 40 10 
ex2208 40 90 Taric 
sub­
divi­
sions 
*10 
*10 Description 
Rum with a content of volatile 
substances other than ethyl and 
methyl alcohol equal to or exceeding 
225 grams per hectolitre of pure 
alcohol with a 10% tolerance Period 
1.1.96-31.12.96 
1.1.97-31.12.97 
1.1.98-31.12.98 
1.1.99-31.12.99 Quota 
volume 
(in hi of 
pure 
alcohol) 
58.000 
61.000 
64.000 
67.000 Quota 
duty 
Free 
M 
Article 4 
The tariff quotas referred to in Articles 2 and 3 shall be administered by the Commission , 
which may take all administrative measures to ensure the effective administration thereof. 
Article 5 
1. The provisions required to implement Article 3, and in particular: 
(a) the technical amendments and adjustments which may be needed as a result of 
amendments to the Combined Nomenclature and the Taric codes, 
(b) the adjustments required as a result of the conclusion of protocols or exchanges of 
letters between the Community and the ACP States concerned in the framework of 
the Convention referred to herein 
shall be adopted in accordance with the procedure laid down in Article 6(2). 
Article 6 
1. The Commission shall be assisted by the Customs Code Committee established by 
Article 247 of Regulation (EEC) No 2913/924. 
2. The representative of the Commission shall submit to the committee a draft of the 
measures to be taken. The committee shall deliver its opinion on the draft within a time 
limit which the chairman may lay down according to the urgency of the matter. The 
opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the 
case of decisions which the Council is required to adopt on a proposal from the 
Commission. The votes of the representatives of the Member States within the committee 
shall be weighted in the manner set out in that Article. The chairman shall not vote. 
The Commission shall adopt measures which shall apply immediately. However, if these 
measures are not in accordance with the opinion of the committee, they shall be 
communicated by the Commission to the Council forthwith. In that event: 
the Commission shall defer application of the measures which it has decided upon for 
three months from the date of such communication, 
The Council, acting by a qualified majority, may take a different decision within the 
lime limit referred to in the previous indent. 
3. The committee may examine any issue in connection with the implementation of this 
Regulation put forward by its chairman either on his own initiative or at the request of a 
Member State. 
(4) OJ No L 302. 19.10.1992, p. 1 
< 
Article 7 
If an impoitu presents in a Member Stale a declaration of cntiy lor lice circulation togclhci 
with a request for preferential treatment for a product referred to in Articles 2 and 3 and the 
declaration is accepted by the customs authorities, the Member State concerned shall inform 
the Commission and iliaw an amount coiiesponding to these lequiienients ftom 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 
cii< illation, provided the lesiduul balance so pennitN 
If a Member State does not use the quantities drawn, it shall return them to the quota as soon 
as possible. 
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 Stales shall be informed by the 
Commission of the drawings granted. 
Article 8 
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. 
AiticleV 
The Member States and the Commission shall cooperate closely to ensure that this Regulation 
is complied with 
Article 10 
Council Regulation (EEC) No 3705/90 of 18 December 1990 on the safeguard measures 
provided for in the Fourth ACP-EEC Convention5 shall apply to the products covered by this 
Regulation. 
Article 11 
I his Regulation shall entei into loi ce on the day following that ol its publication in the Official 
Journal of the European Communities. 
It shall apply from 1 July 1995 with the exception of Article 1 which shall apply from 1 July 
l"''l ami Aitkle \ which shall apply liom I lanuaiy IW, 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States 
Done at Brussels, 
For the Council 
The President 
(5) OJ No L 358, 21.12.1990, p. 4. 
C 
FINANCIAL STATEMENT 
1. Budget heading involved: Chapter 12 Article 120 
2. Legal basis: Article 113 of the Treaty 
3. Title of the 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 (2nd half 
1995 and 1996 to 1999) and amending Regulation (EC) No 1989/94 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). 
4. Objective: Fulfilment of contractual obligation (Lomé IV Convention) 
5. Method of calculation: 
CN codes: 2208 40 10, 2208 40 90, 2208 90 11, 2208 90 19 
Quota volume. 50 000 HPA (increase for the period 1.7.94 to 30.6.95) 
157 414 HPA (period 1.7.95 to 30.6.95) 
CN codes: ex 2208 40 10, ex 2208 40 90 
Quota volume: 250 000 HPA (period 1.1.96 to 31.12.99) 
Duties applicable, exemption 
CCT duties: - 1 Ecu/% vol/hl +5 Ecu/hi (<2 1) 
- 1 Ecu/% vol/hl (>2 1) 
6. Loss of revenue: 
Estimate: 137 224 hi in containers holding 2 litres or less 
320 190 hi in containers holding more than 2 litres 
Losses would total ECU 46 427 520 (period up to 31.12.1999). For the preceding period 
(1.7.1994 to 30.6.95) losses totalled ECU 23 891 935. 
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ISSN 0254-1475 
COM(95) 262 final 
DOCUMENTS 
EN 02 03 11 
Catalogue number : CB-CO-95-300-EN-C 
ISBN 92-77-90603-0 
Office for Official Publications of the European Communities 
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