11
ANY MATTER NOT COVERED BY THIS ANNEX SHALL REMAIN SUBJECT TO THE NATIONAL LEGISLATION OF THE COUNTRIES AND TERRITORIES REFERRED TO IN THE DECISION .
ARTICLE 12
THE ABOVE PROVISIONS SHALL APPLY TO THE PERFORMANCE OF ALL CONTRACTS FINANCED BY THE COMMUNITY AND CONCLUDED SUBSEQUENT TO THE ENTRY INTO FORCE OF THE DECISION .
ANNEX VIII
DECLARATION BY THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS
THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS DRAWS ATTENTION TO THE CONSTITUTIONAL STRUCTURE OF THE KINGDOM RESULTING FROM THE STATUTE OF 29 DECEMBER 1954 , AND IN PARTICULAR TO THE AUTONOMY OF THE NON-EUROPEAN PARTS OF THE KINGDOM SO FAR AS CONCERNS CERTAIN PROVISIONS OF THE DECISION AND THE FACT THAT THE DECISION WAS , IN CONSEQUENCE , ADOPTED IN COOPERATION WITH THE GOVERNMENT OF THE NETHERLANDS ANTILLES PURSUANT TO THE CONSTITUTIONAL PROCEDURES IN FORCE IN THE KINGDOM .
IT DECLARES THAT , FOR THAT REASON AND WITHOUT PREJUDICE TO THE RIGHTS AND OBLIGATIONS DEVOLVING UPON IT UNDER THE TREATY AND UNDER THE DECISION , THE GOVERNMENT OF THE NETHERLANDS ANTILLES WILL FULFIL THE OBLIGATIONS ARISING OUT OF THE DECISION .
ANNEX IX
RELATING TO THE IMPORT OF RUM
ARTICLE 1
UNTIL THE ENTRY INTO FORCE OF A COMMON ORGANIZATION OF THE MARKET IN SPIRITS , AND AT ALL EVENTS NO LATER THAN 1 MARCH 1985 , RUM , ARRACK AND TAFIA , FALLING WITHIN SUBHEADING 22.09 C I OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN THE COUNTRIES AND TERRITORIES , SHALL BE IMPORTED INTO THE COMMUNITY FREE OF CUSTOMS DUTIES WITHIN THE LIMITS OF A COMMUNITY QUOTA FIXED IN ACCORDANCE WITH THE FOLLOWING PROVISIONS .
ARTICLE 2
THE TARIFF QUOTA PROVIDED FOR IN ARTICLE 1 SHALL BE FIXED EACH YEAR FOR A PERIOD RUNNING FROM 1 JULY TO 30 JUNE .
ARTICLE 3
1 . THE ANNUAL TARIFF QUOTA SHALL BE FIXED ON THE BASIS OF A BASIC ANNUAL QUANTITY , CALCULATED IN HECTOLITRES OF PURE ALCOHOL , EQUAL TO THE AMOUNT OF IMPORTS DURING THE BEST OF THE LAST THREE YEARS FOR WHICH STATISTICS ARE AVAILABLE .
2 . THE ANNUAL TARIFF QUOTA SHALL BE EQUAL TO THE BASIC ANNUAL QUANTITY DETERMINED PURSUANT TO PARAGRAPH 1 PLUS A GROWTH RATE OF 18 % . THE QUOTA SHALL BE FIXED ON THAT BASIS .
3 . HOWEVER , THE COUNCIL , ACTING UNANIMOUSLY ON A PROPOSAL FROM THE COMMISSION , MAY EACH YEAR INCREASE OR REDUCE THE GROWTH RATE LAID DOWN IN PARAGRAPH 2 IN THE LIGHT OF COMMUNITY CONSUMPTION AND PRODUCTION AND DEVELOPMENTS IN TRADE FLOWS WITHIN THE COMMUNITY AND BETWEEN THE COMMUNITY , THE COUNTRIES AND TERRITORIES AND THE ACP STATES .
ARTICLE 4
WHEN LAYING DOWN THE ANNUAL IMPORT QUOTA , THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , SHALL DETERMINE THE ALLOCATION OF THE QUOTA AMONGST THE MEMBER STATES , TAKING INTO ACCOUNT ACTUAL TRENDS ON THE MARKETS IN QUESTION , THE NEEDS OF THE MEMBER STATES AND ECONOMIC