THE AFRICAN , CARIBBEAN AND PACIFIC STATES ( ACP ) ( 1982/83 ) ( OFFICIAL JOURNAL 1982 , L 189 , P . 1 ) IS VOID ,
Grounds
1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 13 AUGUST 1982 , THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION UNDER THE FIRST PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY FOR A DECLARATION THAT COUNCIL REGULATION NO 1699/82 OF 24 JUNE 1982 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 AFRICAN , CARIBBEAN AND PACIFIC STATES ( ACP ) ( 1982/1983 ) ( OFFICIAL JOURNAL 1982 , L 189 , P . 1 ) IS VOID .
2 ARTICLE 2 ( 1 ) OF THE SECOND ACP-EEC CONVENTION , SIGNED AT LOME ON 31 OCTOBER 1979 , PROVIDES THAT ' ' PRODUCTS ORIGINATING IN THE ACP STATES SHALL BE IMPORTED INTO THE COMMUNITY FREE OF CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT . ' '
3 PROTOCOL NO 5 ANNEXED TO THE CONVENTION CREATES AN EXCEPTION TO THAT RULE WITH RESPECT TO RUM . ARTICLE 1 OF PROTOCOL 5 STATES :
' ' UNTIL THE ENTRY INTO FORCE OF A COMMON ORGANIZATION OF THE MARKET IN SPIRITS , PRODUCTS OF TARIFF 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 . ' '
4 THE OBJECTIVE OF PROTOCOL NO 5 IS TO DEVELOP TRADITIONAL TRADE FLOWS IN RUM WHILE LIMITING THE AMOUNT OF RUM THAT CAN BE IMPORTED DUTY FREE INTO THE COMMUNITY .
5 TO THAT END THE COMMUNITY ADOPTS EACH YEAR A REGULATION FIXING THE QUANTITY OF RUM WHICH MAY BE IMPORTED DUTY FREE FROM THE ACP STATES INTO THE COMMUNITY AND ALLOCATING THAT QUOTA AMONGST THE MEMBER STATES . ARTICLE 2 OF THE PROTOCOL REGULATES THAT ALLOCATION AND PROVIDES THAT THE QUANTITIES WHICH MAY BE IMPORTED FREE OF CUSTOMS DUTIES ARE TO BE FIXED ANNUALLY ON THE BASIS OF THE LARGEST ANNUAL QUANTITIES IMPORTED 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 .
6 REGULATION NO 1699/82 FIXED THE TARIFF QUOTA FOR THE PRODUCTS IN QUESTION FOR THE PERIOD FROM 1 JULY 1982 TO 30 JUNE 1983 AT 193 178 HECTOLITRES OF PURE ALCOHOL . THE QUOTA IS DIVIDED INTO TWO INSTALMENTS , THE FIRST , OF 125 430 HECTOLITRES , BEING FOR UNITED KINGDOM CONSUMPTION , AND THE SECOND , OF 67 748 HECTOLITRES , BEING ALLOCATED AMONG THE OTHER MEMBER STATES .
7 ARTICLE 4 ( 2 ) OF REGULATION