CELEX: 51987PC0214
Language: en
Date: 1987-05-15
Title: Proposal for a COUNCIL REGULATION (EEC) 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) (1987/88) (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 214
Vol. 1987/0122
 ---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 européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
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 last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
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, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13. März 2015 über die Sicherheitsvorschriften für den Schutz von EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(87 ) 214 final
                                                   Brussels , 15 May 1987
                                  Proposal for a
                             COUNCIL REGULATION ( EEC )
   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 )
                                     ( 1987 / 88 )
                          ( presented by the Commission )
  C0M(87 ) 214 final
 ---pagebreak---                       E XPLANATORY MB'-yiRANDUM
Protocol M3 . 5 , annexed to the Third Lane Convention , which was
signed on 8.12.1984, provides that the products falling within
subheading No 22.09 C I of the OCT (ruin, arrack, tafia ), originating
in the ACP States , shall be imported duty free into the Community .
'These preferential arrangements are restricted to a quantity which
is to be fixed annually by the Community on the basis of the largest
quantities imported annually from the ACP States during the last
three years for which statistics are available , increased by an
annual growth rate of 37 % of the market of the United Kingdom and
27 % on the market of the other Member States . But if the quota
volume calculated on this basis is less than 170 000 hi the volume
should be fixed at this level of 170 000 hi .
By Regulation No 69l/867^axtended by Regulation (EEC ) No 4114/86,
the Council has established transitional arrangements for trade
between the Kingdom of Spain and the Portuguese Republic on the one
hand and the ACP States on the other .     The result is that the
imports of the products in question into these two countries benefit
from the tariff quota . However , as regards the quota duties , which
will be applicable , particular provisions are provided for in the
Annex of the abovenentioned regulation .
 ---pagebreak--- The preferential arrangements should therefore be brought into force
- by the opening of a Community tariff quota for rum, arrack and
tafia originating in the ACP States .
Because of the particularities on the rum market , the normal quota
period ranges from 1 July to 30 June .
Conmunity imports of the goods concerned during the last three years
were as follows :
                               ( in hectolitres of pure alcohol )
                                 1984          1985         1936
  Benelux                      6 185         6 263         6 407
  Denmark                      1 919         2 271         2 020
 Germany                      30 232        40 922        36 183
  Greece                           10           57            50
 Spain                             36         n.c .           90
  France                       1 053         2 534         1 637
  Ireland                      2 045         2 224         2 151
  Italy                           583          426           437
  Portugal                         30            2              -
  United Kingdom              65 795        65 675         6 757
                             107 888       120 375       118 737
The quota volume to be taken into account on this basis for the
period 1 July 1987 to 30 June 1988 should be 159 444 hectolitres .
This volume is less than the threshold fixed by Protocol 5 .
Consequently the quota volume must be fixed at 170 000 hi .
The administration of this tariff measure in the form of a Conmunity
tariff quota has the aim of ensuring that :
-     imports of the products in question do not exceed the global
      volume fixed ,
      each Conmunity importer has equal and continuous access to the
      said quota ,
-     the preferential rate is applied without interruption to all
      imports in all the Member States , and
      in particular , the preferential rate is applied uniformly and
      stantly throughout the Community .
 ---pagebreak---                                  -A-
   The facility for drawing supplementary quota-shares from the
   Community reserve and the obligation to return unused quantities -
   two fundamental rules in the context of Community measures - are
   capable of being run in accordance with these principles .
6. For these reasons the provisions of the Regulation provide for the
   splitting up of the quota volume into two parts , the first of which
   will be allocated among the Member States as quota shares , with the
   second forming a reserve .
   The calculation of these shares is based on the imports of the
   products in question from ACP States during the previous tirree years
   1984 , 1985 and 1986 and the economic outlook for the period in
   question , respecting , however , the growth rates mentioned under
   point 1 .
7. The annexed table shows in detail the amounts actually charged ,
   against the tariff quotas in question during the periods 1982/83 ,
   1983 /84, 1984/85 and 1985 /86 .
8. It is proposed that the draft for a Council Regulation described
   above should be approved ( see annex).
 ---pagebreak---                                           ACP-'RUMT heading 22.09 C I
          Amounts actually charged against the tariff quota opened for
                          1987 /33, 1933 /34, 1984 /8$ jnd 1985 /86
                  1982 / 83                      1983 / 84                     1984 / 35                   1985 / 86
   Member Volume of  Amount actually Volume of        Amount actually Volume of    Amount actually Volume of  Amount actúa ll)
   State  the quota      charged,     the quota            charged    the quota        charged     the quota      charged
             - hi -   - hi -    - % -      - hi -       - hi -  - % -    - hi-      - hl -   - X -    - hi -     - hi - - %-
Benelux    12 070      5 712      47    13 180           5 609    42    8 325         5 804     70   9 010      6 735    75
Denmark     2 570      1 738      68      2 897          1 940    67    2 770         2 088     75   2 890      2 055    71
Germany    44 788    22 956       51    49 690          30 414    61   49 614       42 624     86   44 400     31 751    71
Greece         55           27    49         170             -
                                                                   0       131            18    14      50           50 TOO
France      4 480      1 972      44     4 500           1 312    29    3 450         1 196    35    2 760      2 760 TOO
Ireland     3 245      1 909      59     3 400           1 925    57    3 345         2 084    62    3 200      2 281    71
Italy         540         388     72         510           500    98      560            424   76      710         567   80
United    125 430    71 586       57   114 730          68 470    59  105 970      63 888      60  106 980     69 205    65
Kingdom
E.C.      193 178   106 288       55   189 077       110 170      58  174 165     118 126      68  170 000   115 404     68
 ---pagebreak---                                NOTE
The tariff quota concerned might be modified in the context of the
accession of Spain and Portugal and the result of the negotiations
with the contracting countries in view of the conclusion of an
additional Protocol to the Agreement in question . Pending this , the
proposed Regulation permits the respect of the engagements
contracted by the Cotmiunity .
The Commission reserves the possibility of modifying the proposal
during the procedure .
 ---pagebreak---                                               Proposal for a
                                      COUNCIL REGULATION ( EEC )
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) ( 1987 / 1988 )
   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
    Having regard to the Treaty establishing the European Economic Community , and
    in particular Article 113 thereof ,
    Having regard to the proposal from the Commission ,
            Whereas Protocol 5 annexed to the           ACP-EEC
             Convention, signed at Lome on 8 December 19340),
             provides that products originating in the ACP States'
             which fall within subheading 22.09 C I of the
             Common Customs Tariff shall, until the entry into
             force of a common organization of the market in
             spirits, be allowed into the Community free of
             customs duties under conditions such as to permit the
             development of traditional trade flows between the
             ACP States and the Community and between the
             Member 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 annually from the ACP States into the
             Community in the past three years for which statistics
             are available, increased by an annual growth rate of
            37 % on the market of the United Kingdom and
            27 % on the other markets of the Community ; whereas,
  however, the annual volume can in no case be less than              than 170
                                                                            170 000
                                                                                000 hectolitres
 of pure alcohol ; whereas on account of the particularities                     on
                                                                      ularities on  the rum
 market the quota period ranges from 1 July to 30 June ■
 whereas in default of the Protocols provided for in articles 1180 and 367
                                 the Communit y has  ha? established     by Council
 ((EEC)
 (EEC)   NoC69Î/S6nJ&
   EEC) No  691 /86 (2( 2 ) ixtended
                              êxtended by Council          estabUshed
                                                           Regulation  ( by
                                                                         ECOCouncil
                                                           Régulation (ECO    No 41 Régulation
                                                                                 4114/86  (3)
 the arrangements applicable for trade between the Kingdom of SiSpain and the
 Portuguese Republic on the one hand and the ACP States on the iother •
whereas this Regulation provides for the application of the pr<                  provisions
of Protocol No 5 by these two Member States, and in particular those
provisions concerning the application of tariff quotas •
( 1 ) 0J No L 86, 31.3.1986, p. 3 ,
(2 ) 0J No L 63, 5.3.1986, p. 3 .
(3 ) 0J No L 380, 31.12.1986, p. 15
 ---pagebreak---                                                               ъ
Whereas , having regard to the Levels reached by imports of the products
concerned into the Community and the Member States during the past three
years for which statistics are available , the annual quota volume would
amount to 159 444 hectolitres of pure alcohol ;
Whereas this volume is less than the threshold established by the Protocol
No 5 , the quota volume for the period 1 July 1987 to 30 June 1988 must be
fixed at 170 000 hi of pure alcohol ;
                     Whereas it is in particular necessary to ensure     to all
                     Community importers equal and uninterrupted        access
                     to the abovementioned quota and uninterrupted      appli ¬
                     cation of the rate laid down for that quota        to all
                     imports of the products concerned into all Member
                     States until the quota has been used up ; whereas,
                     having regard to the principles mentioned above, the
                     Community nature of the quota can be respected by
                     allocating the Community tariff quota among the
                     Member States ; whereas, to reflect as accurately as
                      possible the true trend of the market of the products
                     in question, such allocation should be in proportion to
                     the requirements of the Member States calculated by
                     reference to the statistics of imports from ACP States
             over a representative period and also to the economic outlook
                      for the quota period concerned ;
                       Whereas, during the past three years for which statis¬
                       tics arc available, the corresponding imports by each of
                       the Member States represent the following percentages
 of the imports into the Community from the ACP-States of the products con¬
 cerned :
 Member State                              1984                 1985            1986
 Benelux                                     5,7                 5,2              5,4
 Denmark                                     1,8                 1,9              1,7
 Germany                                   28,0                 34,0             30,5
 Greece                                      0,0                 0,0              0,0
 Spa i n                                     0,0                n.c .             0,1
 France                                      1,0                 2,1              1,4
 Ireland                                     1/9                 1,8              1,8
 Italy                                       0,6                 0,4              0,4
 Portuga l                                   0,0                 0,0              0,0
 United Kingdom                            61,0                 54,6             58,7
           Whereas, in view of these factors, of market forecasts
           for the products in question and of the estimates
           be fixed approximately at the following percentages :
          Benelux                    5,43
          Denmark                    1,79
          Germany                 30,90
          Greece                     0,03
          Spain                      0,17
          France                     1,51
          Ireland                    1,85
          Italy                      0,42
          Portugal                   0,02
          United                   57,88
          Kingdom
 ---pagebreak---                      Whereas, in order to tike into account import trends
                     for the products concerned in the vinous Member
                     States, the quota volume should be divided into two
                     instilments, the first being shared among the Member
                     States and the second constituting a reserve to cover at
                     a later date the requirements of those Member States
                     having used up their initial quota shares ; whereas, in
                     order to give importers in each Member State a certain
                     degree of security, the first instalment of the Commu¬
                     nity quota should under present circumstances be
                      fixed at 35% of the quota ;
                     Whereas the Member States initial shares may be used
                      up at different times ; whereas, in order to take this
                      fact into account and avoid any break in continuity,
                     any Member State which has almost used up its initial
                     share    should  draw   an   additional share  froth the
                      reserve ; whereas this must be done by each Member
                      State as and when each of its additional shires is
                      almost used up , and repeated many times as the
                      reserve allows ; whereas the initial and additional
                      shares must be valid until the end of the quota period ;
                      whereas this method of administration requites close
                      cooperation between the Member States and the
                      Commission, and the latjpr must be in a position tq’
                    monitor the extent to which the quota volume has
                    been used up and to inform the Member Slates
                    thereof ,
                   Whereas if, at a given date in the quota period, a
                   substantial quantity of an initial share remains Unused
                   in a Member State, it is essential that that Member
                   State should return a significant proportion to the
                   reserve, to prevent a part of any Community quota
                   from remaining unused in one Member State when it
                   could be used in others ,
                   Whereas, since the Kingdom of Belgium, the
                   Kingdom of the Netherlands and the Grand Duchy of
                   Luxembourg are united within and jointly represented
                   by the Benelux Economic Union, any opention
                   concerning the administration of the quota shares allo¬
                   cated to that economic union may be carried out by
                   any of its members.
                   HAS ADOPTED THIS REGULATION :
                                                    Article 1
I.From 1 July 1987 until 30 June 1988 the products described below shall be
  imported into the Community free of customs duty within the limits of a
  Community tariff quota as follows :
    Order   CCT                       Description                               Quota        Quota
    No      heading No                                                          volume        duty
                                                                               - hi of
                                                                               pure alcohol-
  09.1605     22.09 C I                  Rum , arrack and tafia ,
                                         originating in the
                                         ACP-States                               170 000       free
  2 . Within the limit of their shares , as indicated in Article 2 , Spain and
       Portugal shall apply customs duties calculated in accordance with the
       relevant provisions of the Act of Accession and of Regulation ( EEC )
       No 691 / 86 ;
 ---pagebreak---                                                              to
                                                        Artide 2
 1
     Art,ClB 5 ShSU ^                                                                      *!
    Benelux
                                                           ( hectolitres of pure alcohol )
    Denmark                                                           7 850
    Germany                                                           2 590
    Greece                                                          44 650
    Spain                                                                 40
    France                                                               250
    Ireland                                                          2 180
   Ita ly                                                            2 670
   Portuga l                                                            610
   United Kingdom                                                         30
                                                                   83 630
2. The second instalment of
   the Community reserve .                25 500 hectolitres of pure alcohol           consti tute
                                                Art ich .1
                    I. If >0 % or mote of a Member State’s initial share
                    as specified in Article 2 ( I ), or 90% of that share
                  minus the portion returned to the reserve where
                  Article 1 is applied, has been used up, then , to the
                 extent permitted by the amount of the reserve, that
                  Member State shall forthwith , by notifying the
                  Commission , draw a second share equal to 15 % of its
                 initial share, rounded up where necessary to the next
                 unit .
                  2.    I f , after its initial share has been used up, 90 %
                 or more of the second share drawn by a Member State
                 shall , in accordance with the conditions laid down in
                  paragraph I , draw a third share equal to 7,5 % of its
                 initial share, rounded up where necessary to the next
                 unit .
                 3.     1 (. after its second share has been used up, 90 %
                 or more of the third share drawn by a Member State
                 has been used up , that Member State shall, in accor¬
                 dance v.-ith the same conditions, draw a fourth share
                 equal to the third .
                 This piocess shall continue until the reserve is used
                 up .
                 ■1     Ity way of derogation from paragraphs I , 2 and 3,
                 a Member State may draw shares smaller than those
                 lixed in those paragraphs if there is reason to believe
                 ih.it These might not be used up It shall inform the
                 Commission of us reasons for applying this paragraph .
 ---pagebreak---                                               I !
                                Articit 4
       Each of the additional share* drawn pursuant to
       Article 3 shall be valid until 30 Jcne 1988 .
                                Articit 5
       The Member State* shall return to the reserve, not later
       than 1 April 1988 such unused portion of their
       initial share which, on 15 March 1 988          is in excess
       of 20 */• of the initial volume. They may return a
       larger quantity if there are grounds for believing that it
       may not be used.
       The Member States shall, not later than I Apri l 1988
             , notify the Commission of the total quantities of
       the products in question up to 15 March 1 988           and
       charged against the tariff quota and of any quantities
       of the initial shares returned to the reserve.
                                Articli 6
       The Commission shall keep an account of the shares
       opened by Member States in accordance with Articles
       2 and 3 and shall , as soon as it is notified, inform each
       Member State of the extent to which the reserve has
       been used up.
       It shall inform the Member States, not later than d
       Apri l 1 938 of the amount in the reserve after quan¬
       tities have Deen returned pursuant to Article 5.
       The Commission shall ensure that any dnwing which
       exhausts the reserve does not exceed the balance avail¬
       able and. to this end, shall notify the amount of that
       balance to the Member State which makes tilth last
       drawing.
    1-      The Member States shall take all measure* neces¬
   sary to ensure that additional shares drawn pursuant to
   Artide 3 are opened in such a way that import, may
   be charged without interruption against their accumu-
   Ifttca shares of the Community quota.
           Uli* Mernb*r S**1** ,h,lt ensure that importers of
   the product* in question have free accea* to the thaie*
   allocated to them.
    3 . The extent to which the Member States have
    used up their shares shall be determined on the bears
    of the imports of the products in question, originating
    in the ACP States, entered for customs clearance under
    declarations for free circulation .
                           ArticU 8
1.      Member States shall inform the Commission
eech month of import* actually charged against the
tariff quota.
 2 . The Commission shall regularly inform the
 Member State* of the extent to which the tariff quota
 has been used up.
 3 . Where necessary, consultations msy be held at
the request of a Member State or on the initiative of
the Commission.
 ---pagebreak---                                           Arndt 9
                  The Member Suites nnd the Commission ( hell co¬
                  operate closely in order to ensure compliance with this
                   Regulation .
                                       Artide     10
                This Regulation ihtll enter into force on 1 July 1 937 .
This Regulation shell be binding in its entirety and directly applicable in all Member
States.
Done at
                                                           For the Council
                                                            The President
 ---pagebreak---                                          te
                 Fiche d' impact sur la compétitivité et l' emploi
Proposition de règlement ( CEE ) du Conseil , portant ouverture , répartition
et mode de gestion d' un contingent tarifaire comnunautai re pour le rhum ,
l' arak et le tafia , relevant de la sous-position 22.09 C I du tarif
douanier aomrtun , originaires des Etats d' Afrique , des Caraïbes et du
Pacifique ( ACP ) ( 1987-1988 )
I.     Quelle est la justification principale de la mesure ?
       Engagement contractuel de la Conmunautê
II .   Caractéristiques des entreprises concernées
       En particulier :         Néant
       - Y a-t-il un grand nombre de PME ?
       - Note t ' on des concentrations dans des régions :
         - éligibles aux aides régionales des E.M. ?
         - éligibles au Feder ?
III .  Quelles sont les obligations imposées directement aux entreprises ?
       Néant
IV .   Quelles sont les obligations susceptibles d' être imposées
       indirectement aux entreprises via les autorités locales ?
       Néant
V.     Y a-t- il des mesures spéciales pour les PME ? Non
       - Lesquelles ?
VI .   Quel est l' effet prévisible ?
       - sur la compétitivité des entreprises ? Non recherché
       - sur 1 ' emploi ? Maintien ou amélioration de 1 ' emploi
VII ..
VII    Les partenaires sociaux ont-ils été consultés ? Non
       - avis des partenaires sociaux