Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of a Community tariff quota for rum, tafia and arracl originating in the overseas countries and territories associated with the European Economic Community (OCT) (1993/94)
Date: 1993-06-04
Institutions: European Commission
Subjects: liqueur, overseas countries and territories, spirits, tariff quota

COMMISSION  OF  THE  EUROPEAN  COMVIUNITIES 

COM(93) 244 final 

Brussels, 4 June  1993 

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 overseas countries and 

territories associated with  the 

European Economic Community  (OCT) 

(1993/94) 

(presented by  the Commission) 

EXPLANATORY  MEMORANDUM 

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  EEC  shall  be  imported  into  the  Community  free  of 

customs  duty  within  the  limits of  a  tariff  quota  to  be  fixed  annually 

by  the  Community.  The  Annex  further  stipulates  that  for  1993  the 

reference  figure  for  calculating  the  quota  is  the  largest  annual 

volume  of  imports  into  the  Community  from  the  OCT,  expressed  in 

hectolitres  of  pure  alcohol,  over  the  last  three  years  for  which 

V 

statistics  are  available.  For  1994  the  quota  will  be  equivalent  to 

that  for  the  previous  year  plus  an  additional  1 740  hi  of  pure 

a IcohoI. 

Because  of  the  characteristics  peculiar  to  the  market  in rum,  the 

quota  period  runs  from  1 July  to  30  June  of  the  following  year. 

Community  imports  of  the  goods  concerned  in  1989,  1990  and  1991  were 

as  fol lows: 

(in  hectolitres  of  pure  alcohol) 

1989 

1990 

1991 

0.33 

1 .20 

686 

36.67 

Benelux 

Denmark 

Germany 

Greece 

Spain 

France 

I re I and 

Italy 

Portugal 

United  Kingdom 

440.16 

519 

51 

Total  EC 

1  126.49 

519 

88.87 

On this basis, the quota for the period 1 July 1993 to 30 June 1994 

should be 1 809.28 hectolitres of pure alcohol.  The method of 

calculation is as follows: 

300 hi (volume of imports during the second half of 1989) + 639.28 hi 

(50% of 1992/93 quota) + 870 hi (50% of 1740 hi). 

However, the volume of the annual quota cannot in any case be less 

than 15 000 hectolitres of pure alcohol. 

3.  As regards the administration of the quota, it is proposed that the 

whole volume be allocated to a Community reserve to which all Member 

States will have access in accordance with the procedure laid down in 

Article 3 of the Regulation at annex. 

This is the purpose of the attached proposal. 

ANNEXs 1 proposal for a regulation 

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 overseas countries and  territories  (OCT) 

associated  to the European Economic Community 

(1993/1994) 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES. 

Having  regard  to the Treaty establishing  the European Economic 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 

Economic 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 those quantities are set for 

1993 on the basis of  the  largest annual  quantities  imported  from  the OCT 

into the Community  in the  last three years for which  statistics are 

available; whereas  for  1994 the volume of  the quota will  be equal  to that 

of  the previous year  increased  by  1 740 hectolitres of pure alcohol; 

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 method 

of calculation  in force  from  1 January  1994, the annual  quota volume for 

the period  from  1 July  1993 to 30 June  1994 should  be  1 809.28 hectolitres 

of pure a IcohoI ; 

OJ No L 263, 19.9.1991, p.1 

s 

Whereas, however,  in application of Article  2(a) of Annex  V to 

Decision 91/482/EEC, the volume of  the quota should  be  increased  to 15 000 

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 

tho Momboi  Statou until  the quota 

in «xhau^tod. whoi uau  the» dot.iMlon foi 

the opening of  tariff  quotas  in fulfilment  of  its  internationaI obiigations 

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, 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: 

Article 1 

1.  From  1 July  1993 to 30 June  1994 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: 

or doi  No  CN codo 

Desci ipt ion 

Quota VoIumo 

Quo ta duty 

(in hi of pure 

a IcohoI 

09.1621  2208 40 10 

Rum,  tafia and arrack 

15 000 

Free 

2208 40 90 

2208 90 11 

2208 90 19 

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 ait  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 

voIume. 

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. 

* 

Art icle  5 

The Member  States  and  the Commission  shall  cooperate  closely  to ensure  that 

this  Regulation  is complied  with. 

Art icle  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  1993. 

This  regulation  shall  be  binding  in  its entirety  and  directly  applicable  in 

all  Member  States. 

Done  at  Brussels, 

For  the  CounciI 

The  President 

FINANCIAL STATEMENT 

1.  Budget heading:  Chapter 12, Article 120 

2*  Legal basis: 

Article 136 of the Treaty 

3.  Title of tariff measuret  Proposal 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 Economic Community  (OCT) (1993/1994) 

4.  Aim: 

To implement an autonomous measure (Decision relating to the 

association of Overseas Countries and Territories to the EEC) 

5.  Method of calculation: 

CN codes: 2208 40 10, 2208 40 90, 2208 90 11, 2208 90 19 

Volume of the quota: 15 000 hi 

Duty to be applied: free 

Normal CCT duty: 

in containers holding 2 litres or less: 

ECU l/hl/% vol alcohol 

in containers holding more than 2 litres:  ECU l/hl/% vol alcohol 

+ ECU 5/hi 

+ ECU 5/hi 

<5 

6. 

Loss of revenue: 

The  loss stands at  ECU 1 504 725 for  the period  1.7.1993  to 30.6.1994 

(containers holding 2 litres or  less: 945 hi; containers holding more 

than 2  litres: 14 055  hi). 

For  the period  1992/93 the  loss stood at  the same  level. 

Method of calculation 

15 000 x  400  - 

945 (< 2 I) 

6  346 

15 000 X 5 946 -  14 055 (> 2 I) 

6  346 

945 x 105 - 

99 225 

14 055 X 100 - 1 405 500 

15 000 

ECU  1 504 725 

ISSN 0254-1475 

COM(93) 244  final 

DOCUMENTS 

EN 

l i ra 

Catalogue number : CB-CO-93-274-EN-C 

ISBN 92-77-56269-2 

Office for Official Publications of the European Communities 
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