CELEX: 51978PC0191
Language: en
Date: 1978-05-16
Title: Proposal for a COUNCIL REGULATION (EEC) on the opening, allocation and 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 overseas countries and territories associated with the European Economic Communities (1978/79) (submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 191
Vol. 1978/0062
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
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p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                           COM(78)191 final
                                           Brussels , 16 May 1978
                            Proposal for a                .  . ,
                       COUNCIL REGULATION  ( EEC )
     on the opening , allocation and 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
     overseas countries and territories associated with the European
                     Economic Communities ( 1978 / 79 )
                ( submitted by the Commission to the Council )
C0M(78 ) 191 final
 ---pagebreak---                  EXPLANATORY MEMORANDUM
Decision No 76 / 198 /EEC of the Council dated 9.2.1976 provides that
rum , arrack and tafia falling within subheading 22.09 C I of the
Common Customs Tariff and originating in the overseas countries
associated with the EEC shall be imported free of customs duty into
the Community within the limits of a tariff quota for which the quota
period shall be from 1 July to 30 June .
The volume of the tariff quota is to .'be determined by reference to an
annual basic amount , calculated in hectolitres of pure alcohol , equal
to the amount of the imports effected during the best of the latest
years for which statistics are available . This basic amount is to.be
subject to a rate of growth of 13% . This rate may be modified esch
year , either upwards or downwards ,- in the- -light. o£ certain criteria .
The annual tariff quota is to be shared among the Member States " taking
in account actual trends on the markets , the needs of the Member
States and the , economic prospects for the period concerned .
          '                     I
The imports of the products in question .          • during the last three
years were as follows
                        - in hi of pure alcohol -
                                        '•   1975 ,       1976 :          1977
      •                                                        • ! '
Bénélux                                       100        3,903              367
Denmark                                       137            2                ~
Germany             V             •        63.088       48,187          34,871
France              • • • . . ' .               ~ .          ~       ' ■<   • ~
Ireland                              .          7           37                2
Italy .           . !' ■      •       :         5            5
United Kingdom                      • - \       ""           1                7
                                           63,337       52.135          35,240
 ---pagebreak---                       ...           - 2 -
      '                     v        •                                      '
   /
1    It follows from these figures that the quantities relative to the year
     1975 should be taken as determining the annual basic amount .
     Having regard to the present over-all position concerning the products
     in question the rate of growth applicable to the basic amount may be
     taken as 13% .
2    In thesei circumstances , the volume of the Community tariff quota for
     the period from 1 July 1978 to 30 June 1979 should be fixed as 71^571
    hectolitres of pure alcohol .
3 'The Regulation' provide      in the usual way / for the splitting up o_f
   the tariff volume into two parts,_of which jthe first will be         v
   allocated among the Member States as quota shares and the second.. ..
   will be kept as a reserve .
                       *
                              «                                               .
    It is proposed that the : draft regulation of the Council on the
    opening , allocation and : administration of the Community tariff quota
   outlined above be approved . .
 ---pagebreak---                                                    Proposal for a
                                   COUNCIL REGULATION (EEC)
              on the opening, allocation and 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 overseas countries and territories associ­
                            ated with the European Economic Community (1978/ 79 )
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 136
thereof,
Having regard to Council Decision 76/ 198/EEC of 9
February 1976 on import arrangements for rum,
arrack and tafia falling within subheading 22.09 C I of
the Common Customs Tariff and originating in the
overseas countries and territories associated with the
European Economic Community ('),
Having regard to the proposal from the Commission,
Whereas Decision 76/ 198/EEC stipulates that rum,
arrack and tafia shall be imported into the Commu­
nity free of customs duties within the limits of a
Community tariff quota ; whereas the annual size of                                       >
the quota for the period 1 July to 30 June is to be
fixed on the basis of a basic annual quantity, calcu­
lated in hectolitres of pure alcohol, to which a rate of .
growth of 13 % is to be applied, equal to the amount
of imports during the best of the last three years for
which statistics are available ; whereas this rate may be
 modified in the light of certain criteria ;
 Whereas Community statistics for the years 1975 to
 1977 show that the highest volume of imports into
 the Community of the products in question origi­
 nating in the said countries and territories occurred in
 1975, namely 63 337 hectolitres of pure alcohol ;
 whereas in the light of consumption and production .
 within the Community and of the development of
 trade both within the Community and between the
 Community, the said countries and territories and the
 ACP States, the rate of growth for the quota period in
 question should be 13 % ;                                        t
 Whereas the size of the quota for the period 1 July
  1978 to 30 June . 1979 should therefore be fixed at                                •
 71 571 hectolitres of pure alcohol ;
 (' ) OJ No L 37, 12. 2. 1976, p. 24.
 ---pagebreak---                                            - 2 -
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access
to the .-.bovementioncd quota and uninterrupted
application of the rates laid down for that quota to
all imports of the products concerned into all Mem­
ber States until the quota has been used up ; whereas,
having regard to the abovementioned principles, the
Community nature of the quota can be respected by
allocating the Community tariff quota among the
Member States;
 Whereas, taking into account actual trends on the
 markets for the products in question, the needs of the
 Member States and the economic prospects for the
 period under consideration, the initial percentage
 shares in the quota volume could be as follows :
         Benelux :                          5-80,
         Denmark' :                         0-23,
         Germany :                        93-80,
         France :                           0-0 1 Γ
         Ireland :                          0-01 ,
         Italy :                            001 ,
         United Kingdom                     014 ;
Whereas, in order to take into account import trends
 for the products concerned in the different Member
 States, the quota amount should be divided into two
instalments, the first instalment being allocated
 among the Member States and the second instalment
 forming a reserve intended to cover the subsequent
 requirements of the Member States which have used
up their initial quota shares; whereas, in order to en­
sure a certain degree of security to importers in each
Member State, the first instalment of the Community
 quota should be determined at a level which, under
 present circumstances, may be 90 % of the quota
 amount;
 Whereas the initial shares of the Member States may
 be used up at different times; whereas, in order to
 take this fact into account and avoid any break in
 continuity, it is important that any Member State
 having used up almost the whole of its initial share
 should draw an additional share from the reserve;
 whereas, this must be done by each Member State as
 and when each of its additional shares is almost en­
 tirely used up, and repeated as many times as the re­
 serve allows; whereas the initial and additional shares
 must be available for use until the end of the quota
 period; whereas this method of administration calls
 for close cooperation between Member States and the
 Commission, which must, in particular, be able to
 observe the extent to which the quota amount is
  used, and inform Member States thereof;
 ---pagebreak---    conSJ M I ? SPCC 1 darC in the *uota P«iod, a
   considerable balance remains in one or other Member
   State, it is essential that that Member State pays a
  large amount of it back into the reserve, in order to
  VZlt^lrLQf«.thc t3,riff qUOta's rerr>aining unused
          ^ ,   ,              -      o iciudimng unusec
  m one Member State when it could be used in other"
   Whereas the development of imports into the
   Community of these products should be recorded and
   imports should accordingly be monitored •
   Whereas, since the Kingdom of Belgium, the
   Kingdom of the Netherlands and the Grand Duchy of
  Luxembourg are united in and jointly represented by
  the Benelux Economic Union,' any measure
  concerning the administration of the shares allocated
  to that economic union may be carried out by any
  one of its members,
  HAS ADOPTED THIS REGULATION :
                          Article Î
 1 . From 1 July 1978 until 30 June 1979 rum,
 arrack and tafia falling within subheading 22.09 C I of
 the Common Customs Tariff and originating in the
 countries and territories referred to in Article 1 of
 Decision 76/ 198/EEC shall be imported free of
customs duty into the Community within the limits
of a Community tariff quota of 71 571 hectolitres of
pure alcohol .
2. The rules of origin applicable to the products
referred to in paragraph 1 shall be those mentioned in
Article 5 of Decision 76/ 198/EEC. .
                          Article 2
1.     Tne tariff quota referred to in Article 1 shall be
divided into two instalments.
2. A first instalment, amounting to 64,414 hectolitres
shall be shared among the Member States; the shares,      '
which subject to Article 5 shall be valid until 30
June 1970, shall be as follows :
                                   hectolitres
         Bénélux                     3 744
         D en mark                      135
        Germany                     60 420
        France                             7
        Ireland                           7
        Italy                             7
        United Kingdom                   91
 ---pagebreak---                                         -  L -
                                       7,157 hectolitres
 3.     The second instalment of /             shall consti­
 tute thc reserve.
                             Article 3
 1.     Jf 90 % or more of the initial share of a Mem­
ber State as laid down in Article 2 (2), or 90 % of
that share less the amount returned into the reserve
 where the provisions of Article 5 have been applied,
 has been exhausted, that Member State shall proceed
 without delay, by notifying the Commission, to draw
 a second share, equal to 15 % of its initial share,
rounded up to the next unit where appropriate, to
the extent that the reserve is sufficient.
2. If, after its initial share has been exhausted,
90 % or more of the second share drawn by a Mem­
ber State has been used, that Member State shall pro­
ceed, in accordance with the conditions laid down in
 paragraph 1 , to draw a third share, equal to 7-5 % of
its initial share, rounded up to the next unit.
                      J  '
3.      If, after its second share has been exhausted, ■
90 % or more of the third share drawn by a Member
State has been used, that Member State shall proceed,
in the same way, to draw a fourth share equal to the
third .
This process shall be applied until the reserve is ex­
hausted . !
                           I
                                         1  ■   .
4. Notwithstanding paragraphs 1 , 2 and 3, a Mem-'
ber State may proceed to draw shares smaller than
those fixed in those paragraphs if there is reason to
believe that they /night not be used up. They shall in­
form the Commission of the reasons which led them
to apply this paragraph.
                             Article 4
Each of the additional shares drawn pursuant to
Article 3 shall be valid until       30 J une 1 979 •
                             Article S
The Member States shall return to the reserve, not
later than 1 Apri I           1979, the unused portion of
their initial shares which, on 15 March 1979, are
in excess of 20 % of the initial amounts. They may
return greater portions if there are grounds for be­
lieving that such portions may not be used in full.
The Member States shall, not later than 1 April
1970, notify the Commission of the total imports of
 ---pagebreak---  the said goods effected up to and including 15
March 1979 and charged against the Community
 quota and, where appropriate, the proportions of
 their initial shares that are being returned to the re­
 serve.
                          Article 6
 The Commission shall keep an account of the shares
 opened by the Member States in accordance with
 Articles 2 and 3 and shall inform each State of the ex­
 tent to which the reserve has been used up as soon as
 it receives the notifications.
 The Commission shall, not later than 5 April
 1979, notify the Member States of the amount in the
 reserve after the return of shares pursuant to Ar­
 ticle 5 .
 The Commission shall ensure that any drawing
 which uses up the reserve in limited to the balance
 available and for this purpose shall specify the
 amount thereof to the Member State which makes the
 last drawing.
                                 ;
                         Article 7
 1.    The Member States shall take all appropriate
 measures to ensure that when additional shares are
 drawn pursuant to Article 3 it is possible for changes
 to be made without interruption against their accu­
 mulated share of the Community quota.
 2.    The Member States shall ensure that importers
 of the said goods established in their territory have ,
 free access to the shares allocated to them.
 3.    The Member States shall charge imports of the
 said goods against their shares as and when the goods
 are entered with customs authorities for home use. .
 4.    The extent to which a Member State has used
 up its share shall be determined on the basis of the
 imports charged in accordance with paragraph 3.
 ---pagebreak---                                        - 6 -
                                 Article 8
          1.      In  accordance with   Article  6  of  Decision
          76/ 198/EEC, the Community shall monitor imports
          of the products in question originating in the said
          countries and territories.
          2.      Member States shall forward to the Commission
          not later than the 15th day of each month statements
          of imports of the products in question effected during
          the preceding month ; only products submitted to the
          customs authorities under cover of a declaration that
          they are to be made available for home use and accom­
          panied by a movement certificate conforming to the
          rules referred to in Article 1 (2) shall be taken into
          consideration for this purpose.
          3. The Commission shall regularly inform the
          Member States of the extent to which the tariff quota
          has been used up.                                   : .
          4. Where necessary, consultations may be held at
          the request of a Member State or on the initiative of
          the Commission .
              / ,
                    >             Article 9
          The Commission shall take all necessary measures, in
          close cooperation with the Member States, to ensure
          the implementation of this Regulation.
                                  Article   1Q '
          This Regulation shall enter into force on 1 July 197g..
This Regulation shall be binding in its entirety and directly applicable in all Member
States. ,
Done at Brussels ,
                                                          For the Council
                        -            -                     The President