COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC89) 148 final 
Brussels, 7 April 1989 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of a Community 
tariff quota- for rum, arrack and tafia originating in the 
African, Caribbean and Pacific States (ACP) 
(1989/90) 
(presented by the Commission) 
Com nttÇ * 
EXPLANATORY MEMORANDUM 
1. Protocol ND. 5, annexed to the Third Lomé Oonventicn, which VAS 
signed on 8.12.1984, provides that the products falling within CN 
codes 2208 40 10, 2208 40 90, 2208 90 11 and 2208 90 19 (rum, 
arrack, tafia), originating in the ACP States, shall be imported 
duty free into the Conmunity. These preferential arrangements are 
restricted to a quantity which is to be fixed annually by the 
Oonmunity 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 ACP-CEE Oouncil 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 Comnunities, the Council has 
established arrangements for trade between the Kingdom of Spain and 
the Portuguese 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, ffcwever, 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, arrack and 
tafia originating in the ACP States. 
Because of the particularities on the r\aa market, the normal quota 
period ranges from 1 July to 30 June. 
- 2 -
4. Conmunity imports of the goods concerned during the last three years 
were as follows : 3 
(in hectolitres of pure alcohol) 
1966 1967 1988 
Benelux 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Portugal 
United Kingdom 6 407 
2 020 
36 183 
50 
90 
1 637 
2 151 
437 
-
69 757 6 265 
1 884 
33 570 
50 
244 
1 929 
2 060 
800 
7 
72 040 7 389 
2 038 
42 523 
-
-
1 216 
2 189 
806 
— 
63 525 
^|; U» 737 118 848 119 686 
The quota volume to be taken into account on this basis for the 
period 1 July 1989 to 30 June 19:90 should be 157 594 hectolitres. 
This volume is less than the threshold established by Protocol No 5, 
amended by abovementioned Regulation (EEC) No 1820/87. Consequently, the 
quota volume must be fixed at 172 000 hi. 
5. Following the decision of the Court of Justice of 27 September 1988 (case 
51/87) , it is appropriate not to provide shares for allocation among 
Member States. 
In this case it is proposed that the whole of the quota volumes 
be held as Conmunity reserves to which all Member States will 
have access in accordance with the procedure provided for in 
Article 3 of the proposal for a Regulation. 
As regards the method of so* i mi strati on to be applied by all «ember 
States, the Commission proposes the "as and when" system. 
- 3 -
H 
6. The annexed table shows in detail the amounts actually charged, 
against the tariff quotas in question during the periods 
1984/85, 1965/86 , 1986/87 and 1987/88. 
7. it is proposed that the draft for a Council Rmgulatioa described 
above should be approved (see annex). 
- 4 -
A C P - Rum, arrack and tafia. 
CN Codes : 2208 40 10, 2208 AO 90; 2208 90 11 »nd22Ç# 98 19 
Amounts actually charged against the tariff euota pjjenjrd for 
1984/85, 1985/86, 1986/87 and 1987/ft 
Ntmetr State 
Benelux 
ienmark 
Strmany 
Greece 
Sea in 
France 
Ireland 
Italy 
Portugal 
United 
Kingdom 
IC 1*4/81 ' 
tfce mjMOia 
- hi r Amount 
actually 
charged 
8 325 5 804 
i m 
49 614 
131 
3 450 
3 345 
560 
105 970 
174 165 2 088 
42 624 
18 
1 196 
2 084 
424 
63 888 
118 126 X -
70 
75 
86 
14 
35 
62 
76 
60 
68 1985/86 
Volume oT 
the quota 
^ hi -
9 010 
2 890 
44 400 
50 
2 760 
3 200 
710 
106 980 
170 000 Amount 
actuall charged - hi -
6 735 
2 055 
31 751 
50 
2 760 
2 281 
567 
69 205 
115 404 - X-
75 
71 
71 
100 
100 
71 
80 
65 
•» 19H/il 
Velum* ef the piota 
9 340 
3 080 
53 1S0 
30 
290 
2 600 
3 180 
725 
35 
99 550 
172 000 Sfumlly 
6 295 
* 164 
>1 2** 
50 
90 
2 092 
2 100 
533 
7 
74 285 
116 664 -X-19f7/fT 
Volume ef 
the queta 
-hl-
67 9 099 
70 
59 
too 
31 
80 
66 
74 
20 
75 2 976 
13 QS4 
50 
290 
2 938 
3 OH 
791 
35 
99 691 
69 17? 00Q Amount 
actually charged -hi- -X-
7 094 
1 975 
40 347 
50 
244 
1 261 
2 232 
725 
-
70 690 
124 638 78 
66 
76 
100 
84 
43 
72 
92 
0 
71 
72 
*A 
Proposal for a 
COUNCIL REGULATION (EEC) 
of No 
opening . and providing for the administration of a Community tariff 
quota for rum, arrack and tafia originating in the African, Caribbean and Pacific 
States (ACP) (1989 to 1990) 
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, , 
Whereas Protocol 5 annexed to the Third ACP-EEC 
Convention, signed at Lomé on 8 December 1984('), 
provides that products originating in the African, 
Caribbean and Pacific States (ACP) 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 trade flows between the 
ACP Sûtes and the Community and between the Member 
States ; wheres the Community shall 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, however, in accordance with 
Article 3 (1) 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 (*), implemented in advance by 
Regulation (EEC) No 1820/87 (3), the minimum quantity 
in Article 2 (a), second subparagraph, of Protocol 5 on 
rum has been increased to 172 000 hectolitres; 
Whereas, pursuant to the said Protocol, the Kingdom-of 
Spain and the Portuguese Republic shall become 
contracting parties to the said ACP-EEC Convention ; 
whereas Regulation (EEC) No 1820/87 provides for 
special arrangements for the quota duties 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 would 
amount to 157 594 hectolitres of pure alcohol ; whereas 
this volume being less than the threshold established by the above* 
mentioned protocol , the quota volume for the 
period from 1 July 1989 to 30 June 1990 must be fixed at 
172 000 hectolitres of pure alcohol ; 
to all 
to the ebovemenbonod quota and uninterrupted appli­
cation of the rase laid down for that quota to all 
imports of the products concerned iflto all Member 
Suie» until the 
Whereas, following the dicission of the Court 
of Justice of 27 September 1988 (case 51/o7>, 
appropriate not to provide for allocation _ 
States, without prejudice to die dxswing, on the? fiu§Efc 
quota, of such quantities as they may need, undes~ 
conditions and according to a procedure to bfr 
determined; whereas this method of administration 
requires close cooperation between die Member States 
and the Commission and the latter must in particular he-
able to monitor the rate at which the tariff quota It 
and inform the Member States accordingly ; *e% 
Whereas, since the Kingdom ot Belgium, the 
Kingdom of the Netherlands »nd the Grand Duchy of 
Luxembourg «re united within and jointly represented 
by the Benelux Bconomic Union, any operation 
concerning the administration of the quota shaft» allo­
cated to that economic union may be carried out by 
any of its members, 
HAS ADOfTED THIS REGULATION : 
(•) OJ No L 86. 31. 3. 1986. p. 3. 
O OJ No L 172, 30. 6. 1987, p. 3. 
O OJ No L l"2, 30. 6. 1987, p. 1. 
Article 1 
1. From 1 July 1989 to 30 June 1990, 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 
09.1605 CN code 
2208 4010 
220840 90 
22089011 
2208 9019 « • •• 
Description 
Rum, arrack and tafia Quota volume 
(in hi of pure 
alcohol) 
172 000 Quota duty 
Free 
2. Within the limit of this quotap 
<£ the Kingdom ot Spain ana the Portuguese 
Republic shall apply customs duties calculated in 
accordance with the Act of Accession and Regulation 
(EEC) No 1826/17. 
Amid* 2 
The tariff quota referred to in Article 1 shall be 
administered by the Commission, which may take any 
appropriate measure with a view to ensuring the efficient 
administration thereof. If the quantities requested are greater than die available 
balance of the tariff quota, allocation shall be made on a 
pro rata basis with respect to the requests. Member States 
shall be informed by the Commission .of the drawings 
made. 
ArticU J 
If an importer presents in a Member State a declaration of 
entry into free circulation including a request for 
preferential benefit for a product covered by this 
Regulation, and if this declaration is accepted by the 
customs authorities, the Member State concerned shall 
draw, from the tariff quota, by means of notification to 
the Commission, a quantity corresponding to these needs. 
The requests for drawing, with the indication of the date 
of acceptance of the said declaration, must be 
communicated to the Commission without delay. 
The drawings arc granted by the Commission on the basis 
of the date ot acceptance of the declaration of entry into 
free circulation by the customs authorities of the Member 
State concerned, to the extent that the available balance 
so permits. 
If a Member State does not use the quantities drawn, it 
shall return them as soon as possible to the tariff quota. ArticU 4 
1. Member States shall take all appropriate measures ^o 
ensure that their drawings pursuant to Article 3 embl? 
imports to be charged without interruption'against ~ài»is 
accumulated shares of the Community quota. 
2. Each Member State shall ensure that importe:*? ~: 
the products concerned have free access to the quoo hr 
such times as the balance of the tariff quota so permit 
3. Member Sûtes shall charge imports of the- saici 
products against their drawings as and when the gr^i*, at? 
entered with the customs authorities under cc-.r ji 
declarations of entry into free circulation. 
4. The extent to which the quota has been used op 
shall be determined on the basis of the imports charged 
in accordance with paragraph 3. 
Article 5 
At the request of the Commission, Member States shall 
inform it of imports actually charged against the quota, 
-3- V 
Article 6 
This Regulation shall enter into force on 1 July 1989. 
This Regulation shall be binding in its entirety and directly applicable in all Member - ':••<*-•/.• < 
States. •.'A"*v 'i 
Done at Brussels, 
For the Council 
The President A '-) u-
£A> 
FICHE FINANCIERE 
1. Ligne budgétaire concernée : Chap. 12 art.120 
2. Base juridique : art. 113 du traité 
3. Intitulé de la ne sure tarifaire : Reposition de règlement du 
Conseil portant ouverture et mode de gestion d'un 
contingent tarifaire cxawnunautaire pour Le rhum, l'axaX et Le 
tafia, originaires des Etats ACP (1969/90) 
4. Objectif : Application d'une obligation contractuelle (Convention 
Lomé ni) 
5. Mode de calcul : 
Codes NC : 2208 40 10; 90 et 2208 90 11; 19 
Volumes du contingent : 172 000 hl a.p. (période 1.7.89-30.6.90) 
Droits à appliquer : exemption 
Droits du T.D.C. : - 1 ECU/hl par % vol + 5 ECU/hl (- 2 1) 
- 1 ECU/hl par % vol (+2 1) 
6. Perte de recettes : 
Estimation : 39 529 hl en récip. 2 1 ou moins 
132 471 hl en récip. plus de 2 1 
La perte s'élève à 17 397 645 ECU. Ebur la période précédente 
(1.7.1988 au 30.6.1989) une perte de 17 450 240 ECU a été 
inscrite. 
e AJ 
Fiche d'impact sur la corrpetitivite et l'enploi 
Cette proposition est formulée en conformité avec un engagement contractuel 
de la Communauté. L'impact découlant de cette concession a été pris en 
considération lors de la prise de décision d'adoption de ce contingent et 
il n'aura pas un caractère sérieux sur la compétitivité et l'emploi dans la 
Corrrrtunauté. 
/\o 

Commission of the European Communities 
COM(89) 148 final 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of a Community tariff quota 
for rum, arrack and tafia originating in the African, Caribbean and Pacific 
States (ACP) (1989/90) 
(submitted to the Council by the Commission) 
7.4.1989 
Office for Official Publications of the European Communities 
L - 2985 Luxembourg 
Series: DOCUMENTS 
1989 - 10 pp. - Format: 21.0 * 29.7 cm 
EN 
ISSN 0254-1475 
ISBN 92-77-48874-3 
Catalogue number: CB-CO-89-165-EN-C 
ISSN 0254-1475 
COM(89) 148 final 
DOCUMENTS 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of 
a Community tariff quota for rum, arrack and 
tafia originating in the African, Caribbean and 
Pacific States (ACP) (1989/90) 
(submitted to the Council by the Commission) 
11 02 
Catalogue number: CB-CO-89-165-EN-C 
ISBN 92-77-48874-3 7.4.1989 
€ 
COMMISSION OF THE EUROPEAN COMMUNITIES