COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91)116 final 
___ Brussels, 15 April 1991 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of a Community tariff quotas 
for rum, tafia and arrack originating in the African, Caribbean and 
Pacific States (ACP) 
(1991/92) 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
1. Protocol No. 6, annexed to the Fourth Lomé Convention, which was 
signed on 15.12.1989, provides that the products falling within CN 
codes 2208 40 10, 2208 40 90, 2208 90 11 and 2208 90 19 (rum, tafia 
and arrack), originating in the ACP States, shall be imported duty 
free into the Community. In the meantime, the Community has decided by 
Council Regulation (EEC) No. 714/90, extended by Regulation (EEC) No. 
524/91, to apply with effect from 1 March 1990, the aforementioned 
protocol No. 6 autonomously in anticipation. 
These preferential arrangements are restricted to a quantity which is 
to be fixed annually by the Community on the basis of the largest 
quantities imported annually from the ACP States during the last three 
years for which Statistics are available. Increased by an annual 
growth rate of 37% of the market of the United Kingdom and 27% on the 
market of the other Member States. But if the quota volume calculated 
on this basis is less than 172 000 hi the volume should be fixed at 
this level of 172 000 hi. 
2. By Regulation No. 1820/87 regarding application of the ACP-EEC Council 
of Ministers Decision 2/87 relative to advance implementation of a 
protocol to the third ACP-EEC Convention subsequent to the accession 
of Spain and Portugal to the European Communities, the Council has 
established arrangements for trade between the Kingdom of Spain and 
the Portugese Republic on the one hand and the ACP States on the 
other. The result is that the imports of the products in question into 
these two countries benefit from the tariff quota. However, as regards 
the quota duties, which will be applicable, particular provisions are 
provided for in the abovementioned Protocol. 
3. The preferential arrangements should therefore be brought into force 
-by the opening of a Community tariff quota for rum, tafia and arrack 
originating in the ACP States. 
Because of the particularities on the rum market, the normal quota 
period ranges from 1 July to 30 June. 
4. Community imports of the goods concerned during the iast three years 
were as foi lows: 
(in hectolitres of pure alcohol) 
1988 1989 1990 
Benelux 7 389 7 621 9 339 
Denmark 2 038 1 748 2 404 
Germany 42 523 48 591 50 451 
Greece - 586 5 699 
Spain - 156 9 514 
France 1 216 19 
Ireland 2 189 2 973 2 282 
Italy 806 431 54 
Portugal - -
United 63 525 83 773 70 436 
K i ngdom 
119 686 145 898 150 179 
The quota volume to be taken into account on this basis for the period 
1 July 1991 to 30 June 1992 should be 197 771 hectolitres. 
5. Following the Judgement of the Court of Justice on 27 September 1988 
(Case 51/87), the volume of the quota in question must not be carried 
over in quota shares between the Member States at least while the 
pressing circumstances of an administrative, technical and economic 
nature prevent from doing otherwise, also, the economic difficulties 
that could result, for the overseas departments (0SD) from the sudden 
modification of the system relating to the imports of rum originating 
in the African, Caribbean and Pacific States (ACP) constitute 
constraining circumstances which justify the temporary and partial 
keeping of this system which will disappear in every respect in the 
perspective of the achieving of the single market. In this perspective 
the quantity attributed to the constitution of the Community Reserve 
goes to 40% and 60% of the quota volume. 
6. For these reasons the provisions of the Regulation provide for the 
splitting up of the quota volume into two parts, the first of which 
will be allocated among the Member States as quota shares, with the 
second forming a reserve. 
The calculation of these is based on the imports of the products in 
question from ACP States during the previous three years 1988, 1989 
and 1990, and the economic outlook for the period in question, 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. 
7. It is proposed that the draft for a Council Regulation described above 
should be approved. 
* 
Proposal for a 
COUNCIL REGULATION (EEC) No 
of /91 
opening, allocating and providing for the administration of a Community tariff 
quota for rum, tafia and arrack originating in the African, Caribbean and Pacific 
(ACP) States (1991/92) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES. 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 113 
thereof, 
Having regard to the proposal from the Commission, 
Wfeereas &e Community signed the Fourth ACP-EEC 
Convention at Lomé on 15 December 1989 ; whereas the 
Community decided, by Council Regulation (EEC) No 
524//1 ©# 27 February 1191 concerning the application of 
Decision No 1/91 of the ACP-EEC Council of Ministers 
extending Decision Mo 2MJ 
on transitional measures valid from l March 1990 ('), to 
appfy Protocol 6 annexed to the Convention autono­
mously in advance ; 
Whereas Protocol 6 provides that products originating in 
the African, Caribbean and Pacific <ACP) States which fall 
w«hin CN codes 2208 40 10, 2208 40 90. 2208 90 1 1 and 
2208 90 19 shall, until the entry into force of a common 
organization of the market in spirits, he 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 by virtue of Council Regulation (EEC) No 
1820/87 of 25 June 1987 concerning the application of 
Decision No 2/K7 of the ACP-EEC Council ot 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 (2), provision is 
made for special arrangements for the quota dûtes to be 
applied by those two Member States ; whereas by reason 
of the particularities 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 from 1 July 1991 to 
30 June 199 2must be fixed at '197 771 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 ot the 
establishment of the internal market ; 
Whereas, in these circumstances, it is advisable to increase 
to 6() % the volume of the Community reserve by means 
of a system for the automatic transfer of Member State-
share to the 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 : 
fin I'ni'ilit'i « "' ;•!<• //,-,'.// 
Member Stale j 1WH lg*4 
Benelux 7 389 - bl\ 
Denmark 2 038 1 ~48 
Germany 42 523 48 591 
Greece — 586 
Spain — 156 
France 1216 19 
Ireland 2 989 2 973 
Italy 806 4*1 
Portugal — | — 
United Kingdom 63 525 ! fiî7~3 
i 
| I 
TOM! li^6N^ < :J>SMS 
(') OJ No L 5£ 5-V 191 , P. Z 
H OJ No L l_72, 30. 6. 1987, p. I 1y*J 
9 339 
2 404 
50 451 
5 699 
9 514 
2 282 
54 
70 436 
1J0 17V 
5" 
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 5,86 
Denmark 1,49 
Germany 34,05 
Greece 1,51 
Spain 2,32 
France 0,30 
Ireland 1,79 
Italy 0,31 
Portugal 0,00 
United Kingdom 52,3V 
Whereas provision should be made for a mechanism to 
prevent, when the Community quota is not exhausted, 
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 ; 
Whereas measures should be laid down to ensure that 
Protocol 5 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 
collaboration between the Member States and the 
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 adminis­
tration of the quotas may be carried out by any one of its 
members, 
HAS ADOPTED THIS REGULATION 
Article 1 
1. From 1 July j.991 to 30 June 1992, 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 
09.160 5 CN code 
2208 40 10 
2208 40 90 
2208 90 11 
2208 90 19 Description 
Rum, tafia and arrak Quota Volume 
(in hi of pure 
alcohol) 
197 771 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 2 
1. The tariff quota referred to in Article 1 shall be 
divided into two instalments. 
2. A frist instalment of TV lUrJ hectolitres of pure 
alcohol shall be allocated amongst the Member States ; 
the shares which, subject to Article 3, shall apply until 30 
June 199 2 amount to the following quantities: 
(hectolitres of 
/inre .iliohtil) 
Benelux 
Denmark 
Germany 
Greece I 173 
26 93!i 
1 194 Spain | 835 
France 235 
Ireland 1 415 
Italy 245 
Portugal 10 
United Kingdom 41 421; 
3. A second instalment ofUcj 663hectolitres of pure 
alcohol shall constitute the Community reserve. 
Article 3 
If a Member State's initial share a specified in Article 2 
(2), has been used up entirely, the following provisional 
shall apply. 
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 concerned shall, by 
notifying the Commission, draw an amount corres­
ponding to its requirements from the reserve referred to 
in Article 2 (3). 
Requests to chaw 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 
aie wserve. 
II a Member State does net use the quantities drawn, it 
shafi return them to the reserve a* soon as possible. 
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 t*y 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 int 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 ar not already m effect. 
Within a time limit fixed by the Cmmmission as from the 
date referred to in paragraph 2, Mt-tinVi States shall In-
required to return to the reserve aril their initial shares 
which have not been used on thaf 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 
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 States 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 that this Regulation is complied with. 
Article 8 
Council Regulation (EEC) No 1316/87 of 11 May 1987 on 
the safeguard measures provided for in the Third 
ACP-EEC Convention (') and the provisions that will 
replace it under the Fourth ACP-EEC Convention shall 
apply to the products referred to in this Regulation. 
Artnli 9 
This Regulation shall enter into force on 1 July 1991 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at brussels , 
For the Council 
The Président 
(') OJ No 1. 125. 14. v 1987. p. 1. 
t 
FICHE FINANCIERE 
1. Liane budgétaire concernée : chap. 12 art. 120 
2. Base Juridique : art. 113 du traité 
3. Intitulé de la mesure tarifaire : Proposition de règlement du 
Conseil portant ouverture, répartition et mode de gestion d'un 
contingent tarifaire communautaire pour le rhum, le tafia et 
l'arak, originaires des Etats ACP (1991/1992). 
4. Oblectif : Application d'une obligation contractuelle (Convention 
Lomé IV). 
5. Mode de calcul : 
Codes NC : 2208 40 10; 90 et 2208 90 11; 19 
Volumes du contingent : 197 771 hl a.p. (période 1.7.91-30.6.92) 
Droits à appliquer : exemption 
Droits du TDC : - 1 ECU/hl par % vol +5 ECU/hl (- 2 I) 
- 1 ECU/hI par X vol (+2 I). 
6. Perte de recettes : 
Estimation : 45 452 hl en réclp. 2 I ou moins 
152 319 hl en réclp. plus de 2 I. 
La perte s'élève à 20 004 360 Ecus. Pour la période précédente 
(1.7.1990 au 30.6.1991) une perte de 19 684 855 Ecus a été 
Inscrite. 
/ 
FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI 
Cette proposition est formulée en conformité avec un engagement 
contractuel de la Communauté. L'Impact découlant de cette concession a 
été pris en considération tors de la prise de décision d'adoption de ce 
contingent et II n'aura pes un caractère sérieux sur la compétitivité 
•* l'emploi dans ta Communauté. 
i 

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COM(91) 116 final 
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