COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 243final 
Brussels, 4 June 1993 
r 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of a Community tariff quota 
for rum, tafia and arrack originating in the African, Caribbean and 
Pacific States CACP) 
(1993/94) 
(presented by the Commission) 
••4 : 
EXPLANATORY MEMORANDUM 
Protocol No 6 annexed to the Fourth Lomé Convention, which was signed 
on 16.12.1989, 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. Protocol No 6 
indicates In its Article 2 the elements to be taken into consideration 
and it lays down that the method must be changed with effect from 
1994. 
According to this protocol, the reference base for that volume, until 
the end of 1993, Is the highest annual quantity Imported Into the 
Community from the ACP States during the three last years for which 
statistics are available. From 1994 the quota volume is each time to 
equal the volume of the previous year with an increase of 20 000 
hectolitres of pure alcohol. 
As can be seen, the two methods are different Insofar as the method 
currently in use is based on past imports, whereas the future method 
is based on past quotas. In the current proposal, both methods are 
applicable, as the quota period extends from 1 July to 30 June of each 
year, on account of the special characteristics of the rum market. 
Accordingly the present quota volume has been calculated on the basis 
of the following elements : 
- for the second half of 1993, the highest quantity imported during 
the corresponding periods in 1990, 1991 and 1992, 
- for the first half of 1994, the volume opened for the corresponding 
period In 1993, calculated in proportion to the volume opened for 
the period 1992/1993. On this basis, the quota volume equals the 
sum of the following quantities : 
imports in the second half of 1990 (these being the highest in 
the last three years), 107 693 HPA. 
six twelfths of the quota volume opened for the period 
1992/1993, 107 134 HPA. A further 10 000 hectolitres of pure 
alcohol (50 % of the quantity Indicated in Article 2 of the 
Protocol) has been added to the sum of these two quantities. 
The quota volume for the period 1 July 1993 to 30 June 1994 should 
therefore be 224 827 hectolitres of pure alcohol. 
Preferential arrangements should therefore be adopted In the form of a 
Community tariff quota for rum, tafia and arrack originating in the 
ACP states. 
3. Community imports of the goods concerned In 1990, 1991 and 1992, for 
which full statistics are available» were as follows: 
(in hectolitres of pure alcohol) 
1990 1991 1992 
Benelux 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Portugal 
United Kingdom 9 339 
2 404 
50 451 
5 699 
9 514 
2 282 
54 
70 436 9 773 
2 426 
59 319 
8 882 
17 036 
69 
2 270 
1 077 
208 
87 077 8 234 
3 256 
90 964 
7 952 
25 385 
12 
2 123 
1 017 
131 
57 871 
150 179 188 139 196 94S 
4. This is the purpose of the attached proposal. 
COUNCIL REGULATION (EEC) No ./93 
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 
(1993 to 1994) 
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 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 fail 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 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 
quantities are to be fixed 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; whereas for 1994 the quota will be the same 
as that for the previous year increased by 20 000 hectolitres of pure 
alcohoI ; 
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 and as a result of the application of the new 
method of calculation in force from 1 January 1994, the annual quota volume 
for the period from 1 July 1993 to 30 June 1994 must be fixed at 224 827 
hectolitres of pure alcohol; 
OJ No L 229, 17.8.1991, p.3 
•••• --il-
Whereas the volume is calculated using the foi(owing method: 
for the first half of 1993 the quota volume shall be equivalent to the 
level reached by imports into the Community during the second half of 
1991. i.e. 107 693 hectolitres of pure alcohol. This is the largest 
volume of imports during the corresponding periods of the three 
previous years for which full statistics are available; 
for the first half of 1994 the quota volume shall be equivalent to 
that of the first half of 1993, I.e. 107 134 hectolitres of pure 
alcohol. Increased by 10 000 hectolitres of pure alcohol; 
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: l'­
Article 1 
From 1 July 1993 to 30 June 1994 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 
a 1coho1 
224 827 Quota duty 
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. 
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 
vo Iume. 
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 author«ties 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. 
Article 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. 
Article 5 
The Member States and the Commission shall cooperate closely to ensure that 
this Regulation is complied with. 
Article 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. 
Article 7 
This Regulation shall enter Into force on the day following that of its 
publication in the Official Journal of the European Communities. 
OJ No L 358. 21.12.1990, p.4. 
-f-
It shall apply from 1 July 1993. 
This regulation shall be binding in Its entirety and directly applicable in 
ail Member States. 
Done at 
For the Counc iI 
The President 
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 (1993/1994) 
4. Aim: To fulfil obligations imposed by agreements (Fourth Lomé 
Convention) 
5. Method of calculation: 
CN codes: 2208 40 10, 2208 40 90, 2208 90 11, 2208 90 19 
Volume of the quota: 224 827 hi of pure alcohol (period 1.7.93-
30.6.94) 
Duty to be applied: free 
Normal CCT duty: - 1 ECU/hl/% vol + 5 ECU/hl (< 2 I) 
- 1 ECU/hl/% vol (> 2 I). 
6. Loss of revenue: 
Estimate: 50 627 hi In containers holding 2 litres or (ess 
174 200 hi In containers holding more than 2 litres 
The loss stands at ECU 22 270 462. For the previous period (1.7.1992 
to 30.6.1993) the loss stood at ECU 21 670 690. 

ISSN 0254-1475 
COM(93) 243 final 
DOCUMENTS 
EN 1102 
Catalogue number : CB-CO-93-273-EN-C 
ISBN 92-77-56224-2 
Office for Official Publications of the European Communities 
L-2985 Luxembourg