Proposal for a COUNCIL REGULATION (EC) 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 Community (OCT) (1994/95)
Date: 1994-05-19
Institutions: European Commission
Subjects: liqueur, overseas countries and territories, spirits, tariff quota

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COMMISSION  OF THE EUROPEAN  COMMUNITIES 

C0M(94) 187 final 
Brussels.  19.05.1994 

Proposal  for a 

COUNCIL  REGULATION  (EC) 

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 Community  (OCT) 

(1994/95) 

(presented  by  the Commission) 

SI 

EXPLANATORY  MEMQRANPUM 

1.  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 EC shall  be  imported  into the Community  free of 

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

by  the  Community. 

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

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

The Annex  further  stipulates  that  for  1994 and  1995, the volume of  the 

quota will  be equal  to that of  the previous quota period  plus an 

additional  1 740 hi of pure alcohol.  The volume of  this quota, for 

the period  1st  July  1994 to 30 June 1995  it therefore  increased  to 

16 740 hectolitres of pure alcohol. 

2. 

It  Is therefore appropriate to set  the preferential  regime  In motion 

by  the opening of a Community  tariff quota  for  rum,  tafia and arrack, 

originating  in the overseas countries and  ter I tor les associated  with 

the Community. 

This  is the purpose of  the attached proposai. 

ANNEX : 1 proposa I for a reguIat Ion 

Proposal  for a 

COUNCIL  REGULATION  (EC) No 

/94 

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  Community 

(1994/1995) 

THE COUNCIL  OF  THE  EUROPEAN  UNION, 

Having  regard  to  the Treaty  establishing  the European  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 
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 under  the  terms of  the said 

annex,  the volume of  the quota  for  the year  1994 and  1995 will  be equal  to 

that  of  the previous  year  increased  by  1 740 hectoliter  of  pure  alcohol; 

Whereas,  the volume of  the annual  tariff  quota  for  the period  1st  July  1993 

to 30 June  1994  is 15 000 hectolitres of  pure  alcohol, whereas  this  volume 

is to be  increased  by 870 HAP  for  the second  half of  1994 and  by 870 HAP 

for  the  first  half of  1995; whereas  the volume of  the annual  tariff  quota 

for  the period  1st  July  1994  to 30 June  1995 shall  be  fixed  at  16 740 

hectolitres of  pure  alcohol; 

OJ  No L 263, 19.9.1991, p.1 

H 

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; 

HAS ADOPTED  THIS  REGULATION: 

Article 1 

1. 

From 1 July 1994 to 30 June 1995 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: 

Order No 

CN code 

Description 

Quota Volume 

Quota duty 

(in hi of pure 

a IcohoI 

09.1621 

2208 40 10 

Rum, tafia and arrack 

16 740 

Free 

2208 40 90 

2208 90 11 

2208 90 19 

5" 

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 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 

volume. 

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. 

6 

Article  5 

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

this Regulation  is complied  with. 

Article  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  1994. 

This regulation  shall  be binding  in  its entirety  and  directly 

applicable  in all Member  States. 

Done at Brussels, 

For  the CounciI 

The  President 

T 

FINANCIAL  STATEMENT 

1.  Budget  heading: 

Chapter  12, Article  120 

2.  Leoal basis: 

Article  136 of  the Treaty 

3.  Title of  tariff measure:  Propoeal  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 Community  (OCT)  (1994/1995) 

4.  Aim: 

To  implement  an autonomous measure  (Decision  relating  to the 

association of Overseas Countries and Territories to the EC) 

5.  Method of  calculation: 

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

Volume of  the quota: 16 740 hi 

Duty  to be applied: free 

Normal  CCT duty: 

in containers holding  2  litres or  less: 

ECU  1/% vol/hi 

+ ECU 5/hl 

in containers holding more than 2  litres:  ECU 1/X vol/hl 

8 

6.  loss of revenue: 

The loss stands at ECU 1 784 775 for the period 1.7.1994 to 30.6.1995 

(containers holding 2 litres or  less: 1 055 hi; containers holding 

more than 2 litres: 15 685 hi). 

For the period 1993/94 a loss of 1 504 725 ECU has been recorded. 

Method Qf calculation 

16 740 X  400  -  1 055 (< 2 I) 

6 346 

16 740 X 5 946 -  15 685 (> 2 I) 

6 346 

1 055 x 105 -  110 775 

16 740 x 100 - 1 674 000 

16 740 

ECU  1 784 775 

3 

ESN 0254-1475 

COM(94) 187 final 

DOCUMENTS 

EN 

03  11 02 

Catalogue number : CB-CO-94-200-EN-C 

ISBN 92-77-68529-8 

Office for Official Publications of the European Communales 
&29S5 Luxembourg