CELEX: 51980PC0277
Language: en
Date: 1980-05-28
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 overseas countries and territories associated with the European Economic Community (1980/81) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 277
Vol. 1980/0105
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
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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.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(80)277 final
                                                         Brussels / 28 May 1980
                                      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
 (I I of the Common Customs Tariff and originating in the overseas countries
 and territories associated with the European Economic Community ( 1980 / 81 )
               ( submitted to the Council by the Commission )
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 C0M(80 ) 277 final
 ---pagebreak---                      """" " EXPLANATORY MEMORANDUM            . . -               .■
   Decision No76 ./L9.8./ EEC of the Counci l date!             C^ffprovides that
   rum , .. arrack and tafia falling within subheading 22.09 C I of the             1
   Common Customs Tariff and originating in the overseas countries
   associated witn the EEC shall be imported free of customs duty into i
  the. Community within the limits of a tariff quota /                 '
  Owing to certain characteristi c features inherent in the production                  ~
  and marketing of the products in question , the annual period of ap­
   plication shall be from 1 July to 30 June of trie following year .
  1.1 . The validity of this decision comes however to <£n end on 31 De­
           cember 1980 . At present a new decision on this subject is being
           examinated by the Community     services . Until entry into force of
           this decision the Community intends naturally to maintain itSx
           special commercial relations with these countries , beyond 31 De­
           cember 1980 , and to avoid disrupting the existing trade plans .
• 1.2 .     The provisions , of Decision 76 / 198 / EEC sliould therefore be applied
            autonomously beyond 31 December 1980 . Because the tariff quota which
            is at present in force for the products in question is valid un­
            til 30 June 1980 , this system should be reconducted for a new
            period 1 July 1980 to 30 June 1981 .                     "
   The volume of the tariff quota is to be determined by reference to an annu
   basic amount , calculated in hectolitres of pure alcohol , equal to the /
   amount of the imports effected during' the best of .» t.he-. latest years for .
   which statistics are available /. This basic amount* is to be subject              V - •
'.'to -a rate of growth of. 18 % . ;
 ---pagebreak---  The imports of the products in question during the last three years were
 as fo L Lows : •      '                ■    "
                                          - in hi of pure alcohol -
                                           1977      1978        " 979
 Benelux                                    367                     19
 Denmark                                                            32
 Germany                               34,871      70-285 ■    59.723
 France
 Ireland                                       2
 Italy :
 Umted Kingdom •                                       64           22
                                     35,240        70,349      59,796
It follows from these figures that the quantities relative to the                      ,
year 1978 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 18 % .
In these 'circumstances -            -                                 _•    , . the
volume of the Community tariff quota for the period from 1 July           1980 •
to 30 June 1981' should be fixed at 83,011 . hectolitres of pure - alcohol .        ..
The Regulation provides in the usual . way , for the splitting up of the
tariff volume into two parts , of which the first will be allocated among
the Member States as quota shares and the second will be kept as a
reserve .
The allocation of the first instalment is usually based on the statistics
for the previous three years and the forecasts for the quota period con­
cerned . However , in this case , this principle cannot be applied to the pro
ducts in question . For , during the past three years there were no imports
in certain Member States , and in other Member States they were insignifi­
cant . To allocate the quotas in question nevertheless , equitably among
Member States , it appears desirable to provide for a significant share
of the quota amount for each of the Member States .
                                                                       m m mt m m «
 ---pagebreak---                                   -3 -
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 ( see annex ) .      .
 ---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 th« overseas eOUHfriei find territories associated with the European
                          Economic Community                  ( 1980' / 8 1 )
                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 (*), as amended by
                Decision 80/251 /EEC (2),                                     ,
                Having regard to the proposal from the Commission,
                Whereas Decision 76/198/EEC provides that rum ,
                arrack and tafia shall be imported into the Community
                 free of customs duties within the limits of a Community
                 tariff quota; whereas the annual size of the quota
                                              ■ is to be fixed on the basis      •
                 of a basic annual quantity, calculated in hectolitres of
                pure alcohol, to which a growth rate of 18 % 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 maybe modified in the light of certain
                criteria; whereas "the quota period is from
                 1 July until 30 June of the following                          , _
                 year ; whereas the period of validity of the above
                mentioned Decision comes to an end on
                 31 December 1980 ; whereas , however , until
                 entry into force of a new decision on this
                 subject the Community intends to maintain
                  its special commercial relations with the
                 countries in question and to avoid disrup­
                 ting the existing trade flows.: whereas the
                 present system should therefore be re­
                  newed for the period 1 July 1980 to 30 June
                 1981 ; *
       (») OJ No L 37, 12. 2. 1976, p. 24.
   v C2)'0J No . L 55 , 28.2.1980, P. 26 .
 ---pagebreak---   Whereas Community statistics for the years 1977 to
  197 9 show that the highest volume of imports into the
  Community of the products in question originating in
  the said countries and territories, namely 70 349
  hectolitres of pure alcohol, occurred in 1978 ; whereas,
  in the light of consumption and production within the
  Community and of tha development ef trade bath
  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 may
  be fixed at 18 % ; whereas the Community tariff
  quota for the period 1 July 1980 to;
  30 June 1981 should therefore be fixed
  at 83,077 hectolitres of pure alcohol ;
 Whereas it is in particular necessary to ensure for all
 Community importers equal and uninterrupted access
 to the abovementioned quota and uninterrupted
 application of the rates 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 above 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 percentage shares in the
 quota volume could be as follows :
       Bénélux                               6,66 '/o
       Denmark                                0-1 3 %
       Germany                   -          92,80%
       France '                               0-07%
       Ireland                 ,              0-07%
       Italy                                  0 07 %
      United Kingdom                          0?0 %
Whereas, in order to take into account import trends
for the products concerned in the various Member
States, the quota volume, should be divided into two
instalments, the first being shared among the Member
States and the second constituting a reserve to cover at a
later date the requirements of the Member States which
have 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
Community quota should, under . the present
circumstances, be fixed at 90% of the quota volume;
 ---pagebreak---  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 from the reserve;
 whereas this must be done by each Member State as
 and when each of it* Additional shares ii almost used
 up, and repeated as 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 requires close cooperation between
 Member States and the Commission and the latter must
 be in a position to monitor the extent to which the
 quota volume has been used up and to inform the
 Member States thereof;
 Whereas if, at a given date in the quota period, a
 substantial quantity remains unused in any Member
 State, it is essential that that Member State should
 return a significant proportion to the reserve, to prevent
 a part of any tariff quota from remaining unused in one
 Member State when it could be used in others;
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 jointly represented by the Benelux
Economic ~ Union, any measure concerning the
administration of the share allocated to that economic
union may he carried out by any one of its members,
HAS ADOPTED THIS REGULATION:
                         Article 1
                  1980
1. From 1 J uLy until 30 June 198" , rum, arrack and
tafia, failing 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 8301 1 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.
 ---pagebreak---                              -4 -
                            Article 2
   *: j hf . tarifr quora referred to in Article 1 shall be
  aivided into two instalments.
  2 A first instalment amounting to 75000 hectolitres shall be
  allocated among the Member States; the shares, whlch
  •ubjeet to Article S shall be valid until 3 0 j ,,.,
  I981,shail be as follows:                      0 Jljn4       ,
                      ■ '                     ( hectolitres )
        - Bénélux '                               5 Q00.
                                                    000-
          Denmark                      -            inn
                                                    100      - '
          Germany                               69 600'
          France            *           " ,          50
          Ireland                           .        50
          Italy                                      50
          United Kingdom                            150
  3. The second instalment of 8 011 hectolitres
   shall constitute the reserve
                           Article 3
  1 . If 90% or more of a Member State's initial share as
 specified in Article 2 (2), or 90% of that share minus
 the portion returned to the reserve where Article 5 has
 been applied, has been used up, then, to the extent
 permitted by the amount of the reserve, that Member
 State shall forthwith, hy notifying the Commission,
 draw a second share equal to 15% of its initial share,
  rounded up where necessary to the next unit.
  2. If, after its initial share has been used up, 90% or
  more of the second share drawn by a Member State has
  been used up, then that Member State shall, in
  accordance with the conditions laid down in paragraph
   1 , draw a third share equal to 7-5% of its initial share,
  rounded up where necessary to the next unit.
  3 . If, 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 accordance
  with the conditions laid down in paragraph 1 draw a
   fourth share equal to the third.
   This process shall continue until the reserve is used up.
 74. By way of derogation from paragraphs 1,2 and 3, a
   Member State may draw shares smaller than those fixed
' in those paragraphs if there is reason to believe that
   they might" not be used up. It shall inform the
   Commission of its reasons for applying this paragraph.
 ---pagebreak---                             Article 4
   Each of the additional shares drawn pursuant to Article
   3 shall be valid until 30 June 1981-
                           Artide S
 The Member States shall return to the reserve, not later
 than 1 March 19 81 , such unused portion of their
 initial shares as, on 15 Feb rua r>^ 981 > is 'n 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 1 March
 1981 /lotify the Commission of the total quantities of
the products in question imported up to 15 February
1981 and charged against the tariff quota, and of any
quantity of the initial shares returned to the reserve.
                           Article 6               '   ^
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and
3 and shall,' as soon as it is notified, inform each
Member State of the extent to which the reserve has
beeri used up as soon as it receives the notifications.
It shall inform the Member States, not later than 5
March 1981 , of the amount in the reserve after
 quantities have been returned pursuant to Article 5.
 The Commission shall ensure that any drawing which
 exhausts the reserve does not exceed the balance
 available and, to this end, shall notify the amount of
 that balance to the Member State which makes such last
 drawing.
                         t
                            Article 7
  1 . The Member States shall take all measures necessary
  to ensure that additional shares drawn pursuant to
  Article 3 are opened in such a way that imports may be
  charged without interruption against their accumulated
  shares of the Community quota.                     s
   2.- The Member States shall ensure that importers of
   the products in question established in their territory
   have free access to the shares allocated to them.
 ---pagebreak---               3 . The Member States shall charge imports of the said
             goods against their shares as and when the goods are
             entered with the customs authorities for free circu~
              lation .
             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.
                                        Article 8
                            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
             proceding month; only products submitted to the
              customs authorities under cover of a declaration that
              they are to be made available for free circulation and
              accompanied 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, m
            . close cooperation with the Member States, to ensure the
                implementation of this Regulation.
                                         Article 1 0
                This Regulation shall enter into force on 1 July 1 980 .
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, ........ 1980.                                   ,  .     '
                                             -                        For the Council
                               ■-  .'                                   The President