NO 1699/82 PROVIDES THAT :
' ' THE UNITED KINGDOM SHALL TAKE THE STEPS NECESSARY TO ENSURE THAT THE QUANTITIES IMPORTED FROM THE ACP STATES UNDER THE CONDITIONS LAID DOWN IN ARTICLES 1 AND 2 ARE RESTRICTED TO THOSE MEETING ITS DOMESTIC CONSUMPTION REQUIREMENTS . ' '
8 ACCORDING TO THE COMMISSION THE PURPOSE OF THAT PROVISION IS TO PREVENT THE EXPORTATION FROM THE UNITED KINGDOM TO THE OTHER MEMBER STATES OF QUANTITIES FORMING PART OF THE QUOTA ALLOCATED TO THE UNITED KINGDOM . THE REGULATION IN QUESTION THEREFORE INFRINGES ARTICLES 30 AND 34 OF THE TREATY AND SHOULD THEREFORE BE DECLARED VOID , SUBJECT , HOWEVER , TO THE COURT ' S DECLARING THE EFFECTS OF ARTICLE 1 OF THE SAID REGULATION TO BE DEFINITIVE PURSUANT TO THE SECOND PARAGRAPH OF ARTICLE 174 OF THE TREATY .
9 THE COMMISSION IS CONTESTING THE VALIDITY NOT OF THE PRACTICE OF ALLOCATING A GLOBAL TARIFF QUOTA AMONG THE MEMBER STATES BUT OF THE PROHIBITION OF RE-EXPORTATION TO OTHER MEMBER STATES WHICH IS DEDUCES FROM ARTICLE 4 OF THE REGULATION .
10 ACCORDING TO THE COUNCIL , WHOSE ARGUMENTS ON THIS POINT ARE SUPPORTED BY THE GOVERNMENT OF THE FRENCH REPUBLIC , THE COMMISSION ' S INTERPRETATION OF ARTICLE 4 AS SET OUT ABOVE IS INCORRECT . THE PROVISION DOES NOT HAVE SCOPE ATTRIBUTED TO IT BY THE COMMISSION AND THUS THE REGULATION DOES NOT INFRINGE ARTICLES 30 AND 34 .
11 THE COUNCIL NOTES THAT TRADITIONALLY MORE RUM FROM THE ACP STATES IS EXPORTED TO THE UNITED KINGDOM ( WHERE IT IS INTENDED FOR DOMESTIC CONSUMPTION ) THAN TO THE OTHER MEMBER STATES . TAKING THAT FACT INTO ACCOUNT , ARTICLE 2 ( A ) OF THE PROTOCOL PROVIDES THAT THE GROWTH RATE FOR THE DEVELOPMENT OF TRADE REFERRED TO IN ARTICLE 1 WILL BE DIFFERENT FOR THE UNITED KINGDOM ( 40% ) AND FOR THE REMAINDER OF THE MEMBER STATES ( 18% ) AND THE REGULATION REFLECTS THOSE FIGURES IN THE CALCULATION OF THE QUOTAS ALLOCATED .
12 ACCORDING TO THE COUNCIL THE SOLE PURPOSE OF ARTICLE 4 OF THE REGULATION , AS IS CLEAR FROM THE ENGLISH VERSION , IS TO IMPOSE AN OBLIGATION OF THE UNITED KINGDOM TO IMPORT NO GREATER QUANTITY THAN MAY REASONABLY BE REGARDED AS CORRESPONDING TO ITS DOMESTIC CONSUMPTION REQUIREMENTS , TAKING INTO ACCOUNT THE AFOREMENTIONED GROWTH RATE , AND IT DOES NOT CONTAIN A PROHIBITION AGAINST MARKETING IN THE OTHER MEMBER STATES CONSIGNMENTS OF RUM FORMING PART OF THE UNITED KINGDOM ' S QUOTA .
13 IT MUST BE EMPHASIZED THAT IF , AS THE COMMISSION MAINTAINS , THAT PROVISION DID CONTAIN A PROHIBITION ON EXPORTATION FROM THE UNITED KINGDOM TO THE OTHER MEMBER STATES , IT WOULD INDEED BE CONTRARY TO THE TREATY PROVISIONS ON THE FREE MOVEMENT OF GOODS ; WHILE , THEREFORE , AS THE COURT HAS CONFIRMED , DIVISION OF A GLOBAL TARIFF QUOTA INTO NATIONAL QUOTAS MAY , IN CERTAIN CIRCUMSTANCES , BE COMPATIBLE WITH THE TREATY ,