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 )
Date: 1989-04-07
Institutions: European Commission
Subjects: European convention, agricultural market, import policy, protective clause

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) 

EXPLANATORY MEMORANDUM 

Com  nttÇ 

* 

1. 

Protocol  N D.  5, annexed to the Third Lomé Oonventicn, which  V AS 

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 -

3 

4. 

Conmunity imports of the goods concerned during the last three years 

were as follows : 

Benelux 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Portugal 
United Kingdom 

(in hectolitres of pure alcohol) 

1966 

1967 

1988 

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  t a r i ff  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 

1*4/81  ' 

1985/86 

tfce mjMOia 
- hi r 

Amount 
actually 
charged 

X -

Volume  oT 
the quota 
^ hi -

Amount 
actuall 
charged 
- hi -

- X-

8 325 
i  m 
49 614 

5 804 

2 088 

42 624 

131 

18 

70 
75 
86 
14 

9 010 

6 735 

2 890 

2 055 

44 400 
50 

31 751 
50 

75 
71 
71 
100 

3 450 

1 196 

3 345 
560 

2 084 
424 

35 
62 
76 

2 760 

2 760 

3 200 
710 

2 281 
567 

100 
71 
80 

19H/il 

Velum* ef 
the piota 

Sfumlly 

19f7/fT 

Volume ef 
the queta 

-X-

-hl-

Amount 
actually 
charged 

-hi- 

-X-

9 340 

3 080 

53 1S0 

30 
290 

6 295 

* 164 

>1 2** 
50 
90 

2 600 

2 092 

3 180 
725 

2 100 
533 

35 

7 

67 
70 
59 
too 
31 

80 

66 
74 

20 

9 099 

2 976 

13 QS4 

50 
290 

7 094 

1 975 

40 347 
50 
244 

78 
66 
76 
100 
84 

2 938 

1 261 

3  OH 
791 

35 

2  232 

725 

-

43 

72 
92 

0 

71 

105 970 

63 888 

60 

106 980 

69 205 

65 

99 550 

74 285 

75 

99 691 

70 690 

IC 

174 165 

118 126 

68 

170 000 

115 404 

•» 

172 000 

116 664 

69  17? 00Q 

124 638 

72 

*A 

Proposal  for  a 

COUNCIL  REGULATION  (EEC) 

No 

of 

. 

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, 

, 

in 

that  products  originating 

Whereas  Protocol  5  annexed  to  the  Third  ACP-EEC 
Convention,  signed  at  Lomé  on  8  December  1984('), 
provides 
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 
the 
Convention 
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; 

the  Accession  of 

consequent  on 

the  Portuguese  Republic 

Whereas,  pursuant  to  the  said  Protocol,  the  Kingdom-of 
Spain  and 
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 

(•) 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. 

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  d i c i s s i on  of  the  Court 
of  J u s t i ce  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  bfr 
this  method  of  administration 
determined;  whereas 
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 ; 

to  a  procedure 

*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 : 

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 : 

« 

• 

•• 

Quota  volume 
(in  hi  of  pure 
alcohol) 

Quota  duty 

Order  No 

CN  code 

Description 

09.1605 

2208  4010 
220840  90 
22089011 
2208  9019 

Rum,  arrack  and  tafia 

172 000 

Free 

2.  Within  the  limit  of  this  quotap 

<£  the  Kingdom  ot  Spain  ana  the  Portuguese 
in 
Republic  shall  apply  customs  duties  calculated 
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 

ArticU  4 

into  free  circulation 

If an importer presents in a Member State a declaration of 
entry 
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. 

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 
u-

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  '-) 

£A> 

FICHE  FINANCIERE 

1. 

2. 

3. 

Ligne  budgétaire  concernée  :  Chap.  12  art.120 

Base  juridique  :  a r t.  113  du  traité 

Intitulé  de  la  ne sure  tarifaire  :  Reposition  de  règlement  du 
et  mode  de  gestion  d'un 
Conseil  portant  ouverture 
contingent  tarifaire  cxawnunautaire  pour  Le  rhum,  l'axaX  et  Le 
t a f i a,  originaires  des  Etats  ACP  (1969/90) 

4. 

Objectif  :  Application  d'une  obligation  contractuelle  (Convention 

Lomé n i) 

5. 

Mode  de  calcul  : 

Codes  NC 
Volumes  du  contingent  :  172  000  hl  a.p.  (période  1.7.89-30.6.90) 
Droits  à  appliquer  :  exemption 

:  2208  40  10;  90  et  2208  90  11;  19 

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 
i n s c r i t e. 

e  AJ 

Fiche  d'impact  sur  la  corrpetitivite  et 

l'enploi 

Cette  proposition  e st  formulée  en  conformité  avec  un  engagement  contractuel 
de  la  Communauté.  L'impact  découlant  de  cette  concession  a  été  p r is  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 

COM(89)  148  final 

ISSN 0254-1475 

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 

€ 

COMMISSION OF THE EUROPEAN COMMUNITIES 

7.4.1989