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T9, COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(94) 187 final 
Brussels. 19.05.1994 
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 overseas countries and 
territories associated with the European Community (OCT) 
(1994/95) 
(presented by the Commission) 
SI 
EXPLANATORY MEMQRANPUM 
1. Annex V to Council Decision 91/482/EEC of 25 July 1991 stipulates that 
rum, tafia and arrack falling within CN codes 2208 40 10, 2208 40 90, 
2208 90 11 and 2208 90 19 and originating in the overseas countries 
associated with the EC shall be imported into the Community free of 
customs duty within the limits of a tariff quota to be fixed annually 
by the Community. 
Because of the characteristics peculiear to the market in rum, the 
quota period runs from 1 July to 30 June of the following year. 
The Annex further stipulates that for 1994 and 1995, the volume of the 
quota will be equal to that of the previous quota period plus an 
additional 1 740 hi of pure alcohol. The volume of this quota, for 
the period 1st July 1994 to 30 June 1995 it therefore increased to 
16 740 hectolitres of pure alcohol. 
2. It Is therefore appropriate to set the preferential regime In motion 
by the opening of a Community tariff quota for rum, tafia and arrack, 
originating in the overseas countries and ter I tor les associated with 
the Community. 
This is the purpose of the attached proposai. 
ANNEX : 1 proposa I for a reguIat Ion 
Proposal for a 
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 overseas countries and territories (OCT) 
associated to the European Community 
(1994/1995) 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to Council Decision 91/482/EEC of 25 July 1991 on the 
association of the overseas countries and territories with the European 
Community,1 and in particular Annex V thereto, 
Having regard to the proposal from the Commission, 
Whereas Annex V to Decision 91/482/EEC stipulates that rhum, tafia and 
arrack are imported into the Community free of customs duties within the 
limits of a Community tariff quota; 
Whereas until 31 December 1995 the Community sets the quantities which may 
be imported free of customs duties; whereas under the terms of the said 
annex, the volume of the quota for the year 1994 and 1995 will be equal to 
that of the previous year increased by 1 740 hectoliter of pure alcohol; 
Whereas, the volume of the annual tariff quota for the period 1st July 1993 
to 30 June 1994 is 15 000 hectolitres of pure alcohol, whereas this volume 
is to be increased by 870 HAP for the second half of 1994 and by 870 HAP 
for the first half of 1995; whereas the volume of the annual tariff quota 
for the period 1st July 1994 to 30 June 1995 shall be fixed at 16 740 
hectolitres of pure alcohol; 
OJ No L 263, 19.9.1991, p.1 
H 
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; 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. From 1 July 1994 to 30 June 1995 the following products originating in 
the OCT shall be imported into the Community free of customs duty 
within the limits of the relevant Community tariff quota shown below: 
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 
a IcohoI 
16 740 Quota duty 
Free 
5" 
2. The rules of origin applicable to the products referred to in 
paragraph 1 shall be those laid down in Annex II to 
Decision 91/482/EEC. 
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. 
Article 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 permits. 
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 
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. 
6 
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 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 all Member States. 
Done at Brussels, 
For the CounciI 
The President 
T 
FINANCIAL STATEMENT 
1. Budget heading: Chapter 12, Article 120 
2. Leoal basis: Article 136 of the Treaty 
3. Title of tariff measure: Propoeal for a Council Regulation opening 
and providing for the administration of a Community tariff quota for 
rum, tafia and arrack (CN codes 2208 40 10, 2208 40 90, 2208 90 11, 
2208 90 19) originating in the overseas countries and territories 
associated with the European Community (OCT) (1994/1995) 
4. Aim: To implement an autonomous measure (Decision relating to the 
association of Overseas Countries and Territories to the EC) 
5. Method of calculation: 
CN codes: 2208 40 10, 2208 40 90, 2208 90 11, 2208 90 19 
Volume of the quota: 16 740 hi 
Duty to be applied: free 
Normal CCT duty: 
in containers holding 2 litres or less: ECU 1/% vol/hi 
+ ECU 5/hl 
in containers holding more than 2 litres: ECU 1/X vol/hl 
8 
6. loss of revenue: 
The loss stands at ECU 1 784 775 for the period 1.7.1994 to 30.6.1995 
(containers holding 2 litres or less: 1 055 hi; containers holding 
more than 2 litres: 15 685 hi). 
For the period 1993/94 a loss of 1 504 725 ECU has been recorded. 
Method Qf calculation 
16 740 X 400 - 1 055 (< 2 I) 
6 346 
16 740 X 5 946 - 15 685 (> 2 I) 
6 346 
16 740 
1 055 x 105 - 110 775 
16 740 x 100 - 1 674 000 
ECU 1 784 775 
3 
ESN 0254-1475 
COM(94) 187 final 
DOCUMENTS 
EN 03 11 02 
Catalogue number : CB-CO-94-200-EN-C 
ISBN 92-77-68529-8 
Office for Official Publications of the European Communales 
&29S5 Luxembourg