CELEX: 31975R3230
Language: en
Date: 1975-12-09 00:00:00
Title: Regulation (EEC) No 3230/75 of the Council of 9 December 1975 on the opening, allocation and administration of a Community tariff quota for products falling within subheading 22.09 C I of the Common Customs Tariff, originating in the ACP States

12 . 12 . 75                         Official Journal of the European Communities                          No L 321 / 3
                               REGULATION ( EEC) No 3230/75 OF THE COUNCIL
                                                  of 9 December 1975
               on the opening , allocation and administration of a Community tariff quota for
               products falling within subheading 22.09 C I of the Common Customs Tariff,
                                             originating in the ACP States
THE COUNCIL OF THE EUROPEAN                                     down conditions for the advance implementation of
COMMUNITIES,                                                    the provisions concerned for the period from 1 July
                                                                to 31 December 1975 ; whereas in the light of experi­
                                                                ence, identical conditions should be laid down for the
Having regard to the Treaty establishing the European           implementation of Protocol 7 of the ACP-EEC
Economic Community, and in particular Article 113               Convention of Lome for the 12 month period ending
thereof :                                                       on 30 June 1976 ;
Having regard to the proposal from the Commission ;             Whereas the volume of the tariff quota should
                                                                consequently be fixed annually on the basis of the
                                                                statistical information and estimated consumption
Whereas under Article 2 ( 1 ) of the Convention signed          used when Regulation (EEC) No 1600/75 was drawn
between the ACP States and the European Economic                up ; whereas the volume of the tariff quota should
Community on 28 February 1975, and under Protocol               accordingly be fixed at 168 000 hectolitres of pure
7 annexed thereto, until the entry into force of a              alcohol, the quantities actually imported under Regula­
common organization of the market in spirits,                   tion (EEC) No 1600/75 being deducted from this
products falling within tariff subheading 22.09 C. I            volume ;
(rum , arrack, tafia), originating in the ACP States, shall
be imported into the Community free of customs
duties under conditions such as to permit the develop­
ment of traditional trade flows between          the ACP        Whereas the above principles also apply to the alloca­
States and the Community and between the Member                 tion of the tariff quota ;
States ; whereas the Community shall fix each year the
quantities which may be imported free of customs
duties on the basis of the largest quantities imported          Whereas it seems likely that arrangements for using
annually from the ACP States into the Community in              the tariff quota based on allocation between the
the last three years for which statistics are available,        United Kingdom and the other Member States would
increased by an annual growth rate of 40 % on the               reconcile the application of the growth rates provided
market of the United Kingdom and 13-% on the                    for in Protocol 7 with the uninterrupted application of
other markets of the Community, these growth rates              the duty-free entry arrangements in respect of the said
being based on foreseeable internal demand in each              quota to all imports of the products concerned into
Member State ; whereas the exchange of letters at               the Member States until the quota is exhausted ;
Lome on 28 February 1975 relating to the advance                whereas, in order to reflect as closely as possible the
implementation of certain provisions of the said                actual trends on the markets in the products
Convention provides in particular that the European             concerned, such allocation should be made in accor­
Economic Community shall apply the said Protocol 7              dance with the requirements of the Member States ;
autonomously as from 1 July 1975 ;
                                                                Whereas measures should be laid down to ensure that
Having regard to the levels reached by imports of the
products concerned into the Community and the                   Protocol 7 is implemented under conditions such as
Member States during the last three years for which             to permit the development of traditional trade flows
statistical information is available ;                          between the ACP States and the Community and
                                                                between the Member States ;
Whereas Council Regulation (EEC) No 1 600/75 (') of
24 June 1975 on the opening, allocation and adminis­            Whereas, since the Kingdom of Belgium , the
tration of a Community tariff quota for products                Kingdom of the Netherlands and the Grand Duchy of
falling within subheading 22.09 C I of the Common               Luxembourg are jointly represented by the Benelux
Customs Tariff originating in the ACP States laid               Economic Union , any measure concerning the admin­
                                                                istration of the shares allocated to that economic
(') OJ No L 166, 28 . 6 . 1975, p. 81 .                         union may be carried out by any one of its members,
 ---pagebreak--- No L 321 /4                           Official Journal of the European Communities                             12. 12. 75
HAS ADOPTED THIS REGULATION :                                                             Article 3
                          Article 1
                                                                 The quantities actually imported under Regulation
                                                                 (EEC) No 1600/75 when the present Regulation
                                                                 enters into force shall be deducted from the volume of
From 1 July 1975 until 30 June 1976 rum , arrack and
tafia falling within subheading 22.09 C I of the                 the quota referred to in Article 1 and the instalments
Common Customs Tariff, originating in the ACP                    and shares specified in Article 2.
States, shall be imported duty free into the Commu­
nity within the limits of a Community tariff quota of                                     Article 4
 168 000 hectolitres of pure alcohol .                           Member States shall manage the shares allocated to
These products are considered as originating in the              them in accordance with their own arrangements.
ACP States if they fulfil the conditions laid down in
Council Regulation (EEC) No 1 598 /75 (') of 24 June                                      Article 5
 1975 on the advance implementation of certain provi­            Member States shall inform the Commission each
sions of the ACP-EEC Convention of Lome relating                 month of imports actually charged against the tariff
to trade in goods.                                               quota .
                           Article 2                             The United Kingdom shall take the steps necessary to
                                                                 ensure that the quantities imported from the ACP
 1.    The tariff quota referred to in Article 1 shall be        States under the conditions laid down in Articles 1
 divided into two instalments . The first instalment of          and 2 are restricted to those meeting its domestic
 128 000 hectolitres of pure alcohol shall be for United          consumption requirements.
 Kingdom consumption . The second instalment of
 40 000 hectolitres of pure alcohol shall be allocated                                    Article 6
 amongst the other Member States .
                                                                  Articles 5, 6, 7 and 8 of Regulation ( EEC) No 1598 /75
 2.    The shares of each of the Member States to                 shall apply in respect of the products covered by this
 which the second instalment is allocated pursuant to             Regulation .
 paragraph 1 shall be valid until the end of the period
 stipulated in Article 1 and shall consist of the                                         Article 7
 following quantities, indicated in hectolitres, of pure
 alcohol :                                                        The Member States and the Commission shall coop­
                                                                  erate closely in order to ensure compliance with this
         Benelux :                              3 500
                                                                  Regulation .
         Denmark :                              2 900
         Germany :                             26 000
                                                                                          Article 8
         France :                               6 000
         Ireland :                              1 000             This Regulation shall enter into force on 1 January
         Italy :                                  600              1976 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 9 December 1975 .
                                                                               For the Council
                                                                                 The President
                                                                                  M. RUMOR
  (') OJ No L 166, 28 . 6 . 1975, p. 1 .