Council Regulation (EEC) N0 438/80 of 18 February 1980 opening, allocating and providing for the administration of a Community tariff quota for rum, arrack and tafia, falling within subheading 22.09 C I of the Common Customs Tariff and originating in the ACP States (March/June 1980
Official Journal L 055 , 28/02/1980 P. 0024 - 0025
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COUNCIL REGULATION ( EEC ) NO 438/80
OF 18 FEBRUARY 1980
OPENING , ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR RUM , ARRACK AND TAFIA , FALLING WITHIN SUBHEADING 22.09 C I OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN THE ACP STATES ( MARCH/JUNE 1980 )
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 ACP - EEC CONVENTION OF LOME SIGNED ON 28 FEBRUARY 1975 EXPIRES ON 29 FEBRUARY 1980 ; WHEREAS , PENDING THE ENTRY INTO FORCE OF THE SECOND ACP - EEC CONVENTION SIGNED AT LOME ON 31 OCTOBER 1979 , IT IS APPROPRIATE TO APPLY THE PROVISIONS OF PROTOCOL 5 TO THE LATTER CONVENTION IN ADVANCE , FROM 1 MARCH 1980 ; WHEREAS THAT PROTOCOL PROVIDES THAT , UNTIL THE ENTRY INTO FORCE OF A COMMON ORGANIZATION OF THE MARKET IN SPIRITS , PRODUCTS OF SUBHEADING 22.09 C I ORIGINATING IN THE ACP STATES , SHALL BE IMPORTED DUTY-FREE INTO THE COMMUNITY 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 THE COMMUNITY SHALL EACH YEAR FIX THE QUANTITIES WHICH MAY BE IMPORTED FREE OF CUSTOMS DUTIES ON THE BASIS OF THE LARGEST QUANTITIES IMPORTED ANUALLY FROM THE ACP STATES INTO THE COMMUNITY IN THE LAST THREE YEARS FOR WHICH STATISTICS ARE AVAILABLE , INCREASED BY AN ANNUAL GROWTH RATE OF 40 % ON THE MARKET OF THE UNITED KINGDOM AND 18 % ON THE OTHER MARKETS OF THE COMMUNITY , THESE GROWTH RATES BEING BASED ON FORESEEABLE INTERNAL DEMAND IN EACH MEMBER STATE ;
WHEREAS THE LEVELS REACHED BY IMPORTS OF THE PRODUCTS CONCERNED INTO THE COMMUNITY AND THE MEMBER STATES DURING THE LAST THREE YEARS FOR WHICH STATISTICS ARE AVAILABLE SHOULD BE TAKEN INTO CONSIDERATION ;
WHEREAS THE FIRST QUOTA PERIOD SHOULD END ON 30 JUNE 1980 AND A PRO RATA TEMPORIS REDUCTION OF THE QUOTA VOLUME TO FOUR-TWELFTHS SHOULD , THEREFORE , BE INTRODUCED ; WHEREAS THE SIZE OF THE TARIFF QUOTA FOR THE PERIOD 1 MARCH TO 30 JUNE 1980 SHOULD , THEREFORE , BE FIXED AT 59 433 HECTOLITRES OF PURE ALCOHOL ;
WHEREAS THE ABOVE PRINCIPLES ALSO APPLY TO THE ALLOCATION OF THE TARIFF QUOTA ;
WHEREAS IT SEEMS LIKELY THAT ARRANGEMENTS FOR USING THE COMMUNITY TARIFF QUOTA BASED ON ALLOCATION BETWEEN THE UNITED KINGDOM AND THE OTHER MEMBER STATES WOULD RECONCILE THE APPLICATION OF THE GROWTH RATES PROVIDED FOR IN PROTOCOL 5 WITH