CELEX: 51992PC0235
Language: en
Date: 1992-06-04
Title: Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of a Community tariff quota for rum, tafia and arrack, originating in the overseas countries and territories associated with the European Economic Community (OCT) (1992/1993)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                        C0M(92) 235 final
                                        Brussels,  4 June 1992
                             Proposal for a
                        COUNCIL REGULATION (EEC)
     opening and providing for the administration af a Community
        tariff quota for rum, tafia and arrack, originating in
           the overseas countries and territories associated
               with the European Economic Community (OCT)
                                (1992/93)
                     (presented by the Commission)
 ---pagebreak---                     EXPLANATORY MEMORANDUM
Annex V of Council Decision 91/482/EEC of 27 July 1991 provides
that rum, tafia and arrack falling within CN-codes 2208 40 10,
2208 40 90, 2208 90 11 and 2208 90 19, 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.  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 three years for which statistics are
available.  This basic amount is subject to a growth rate of 27 %
for the period until 31 December 1992.
By Decision 91/482EEC, the Council has established arrangements
for trade between the Kingdom of Spain and the Portuguese Republic
on the one hand and the overseas countries and territories (OCT)
on the other.  The result is that the imports of the products in
question in these two countries have the benefit of the tariff
quota.  However, as regards the quota duties, which will be
applicable, particular provisions are provided for in the Article
101 of the abovementioned Decision.
Because of the particularities on the rum market, the quota period
ranges from 1 July to 30 June of the following year.
The imports of the products in question during the last three
years were as follows :
 ---pagebreak---                             - 2 -
              (in hi of pure alcohol)
              1989        1990        1991
Benelux        0,33         -          1,20
Denmark        -
Germany       686           -         36,67
Greece         -            -            -
Spain          -
France         -
Ireland        -
Italy          -
Portugal       -            -      .     -
Un i ted
Kingdom      440,16        519        51
EC         1 126,49        519        88.87
In these circumstances, the volume of the Community tariff quota
for the period from 1 July 1992 to 30 June 1993 should be fixed at
1278.57 hectolitres of pure alcohol.
However, the volume of the annual quantity cannot in any case be
less than 15 000 hectolitres of pure alcohol.
 ---pagebreak---                                   - 3 -
4.   Following the decision of the Court of Justice of 27 September
     1988 (case 51/87), it is appropriate not to provide shares for
     allocation among Member States.
     As regards the management system of this quota, it is proposed
     that the whole volume of the subject to this tariff quota should
     form a community reserve to which all Member States will have
     access according to the procedure laid down in Article 3 of the
     proposed Regulation.
     This is the purpose of the attached proposal.
ANNEX : proposal for a Regulation
 ---pagebreak---                                                               Proposal for
                                           COUNCIL REGULATION (EEC) N o                               /92
                      opening and providing for the administration of a C o m m u n i y tariff quota for
                      rum, tafia and arrack originating in the overseas countries and territories (OCT)
                                  associated with the European Economic Community (1992/93)
   THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                  hectolitres of pure alcohol, occurred in 1989, whereas, on
                                                                             that basis, the quota volume should therefore be fixed at
   Having regard to the Treaty establishing the European                    1 2 7 8 , 5 7 hectolitres of pure alochol ;
   Economic Community,
                                                                             Whereas by application of the provisions of Article 2 (a)
   Having regard to Council Decisional / ^ 8 2 ' E E C of 2 7                 of Annex V to Decision V I A ^ ^ E E C the quota volume in
J u l y 1 9 9 1 on the association of the overseas countries                  question should however be increased to 15 000
   and      territories     with     the   European       Economic            hectolitres of pure alcohol ;
   Community ('),
   and in particular                         Annex V thereto,                 Whereas it is in particular necessary to ensure for all
                                                                              Community importers equal and uninterrupted access to
                                                                              the abovementioned quota and uninterrupted application
   Having regard to the proposal from the Commission,
                                                                              of the rates laid down for that quota to all imports of the
                                                                              products concerned into all Members States until the
   Whereas Annex V to Decision 91/482/EEC provides that                       quota has been used up ; whereas it is appropriate to take
   rum, tafia and arrack shall be imported into the                           the necessary measures to ensure effective Community
   Community free of customs duties within the limits of a                    administration of this tariff quota while offering the
   Community tariff quota ;                                                   Member States the opportunity to draw from the quota
                                                                              volume the necessary quantities corresponding to actual
   Whereas the Community has established by Decision                          imports ; whereas this method of administration requires
   86/47/EEC^y,          as     last   extended      by     Decision          close cooperation between the Member States and the
   90/669/EEC (3), arrangements for trade between the                         Commission ;
   Kingdom of Spain and the Portuguese Republic on the
   one hand and the overseas countries and territories (OCT)                  Whereas, since the Kingdom of Belgium, the Kingdom of
   on the other; whereas this Decision lays down provisions                   the Netherlands and the Grand Duchy of Luxembourg
   concerning the quota duties to be applied by those two                     are united within, and jointly represented by, the Benelux
   Member States on imports of products originating in the                    Economic Union, any operation concerning the adminis-
   OCT;                                                                       tration of the quota may be carried out by any one of its
                                                                              members.
   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, equal to the amount of imports during
   the best of the past three years for which statistics are                  HAS ADOPTED THIS REGULATION
   available and to which quantity a growth rate equal to
   27 % is applied ; whereas the quota period ranges from 1
   July to 30 June ;                                                                                      Article 1
   Whereas Community statistics for these products and the                     1.     From 1 July 1992 to 30 June 1993, the following
   trend for the years 198 9 to 199<j show that the highest                   products originating from the OCT shall be imported
   volume of imports into the Community of the products                       duty free into the Community within the limit of the
   in question originating in the OCT, namely 1 126,49                         relevant Community tariff quota mentioned :
                                                                                                            Quota Volume
       Order No          CN code                                Description                                 (in hi of pure   Quota duty
                                                                                                                alcohol)
   09.1621              2208 40  10     Rum, tafia and arrack                                                   15 000          Free
                       2208  40  90
                       2208  90  11
                        2208 90  19
  (1) OJ N. L 263, 19.9.1991, p. 27
  (2)OJ NcT L 63, 5. 3. 1986, p. 95.
  Q ) O J No L 365, 28. 12. 1990, p. 79.
 ---pagebreak---                                                    - 2 -
2.    The rules of origin applicable to the products           The drawings are granted by the Commission on the basis
referred to in paragraph 1 shall be those set out in Annex     of the date of acceptance of the declarations of entry into
II to Decision 91 /68&EEC.                                      free circulation by the customs authorities of the Member
                                                               State concerned, to the extent that the available balance
3.    Within the limit of this quota, the Kingdom of           so permits.
Spain and the Portuguese Republic shall apply customs
duties calculated in accordance with the 1985 Act of            If a Member State does not use the quantities drawn, it
Accession and Decision 86/47/EEC.                               shall return them as soon as possible to the tariff quota.
                                                                If the quantities requested are greater than the available
                         Article 2                              balance of the tariff quota, allocation shall be made on a
The tariff quota referred to in Article 1 shall be              pro rata basis with respect to the requests. Member States
administered by the Commission, which may take any              shall be informed by the Commission of drawings made.
appropriate measure with a view to ensuring the efficient
administration thereof.                                                                   Article 4
                                                                Each Member State shall ensure that importers of the
                         Article 3                              product concerned have equal and continuous access to
If an importer presents in a Member State a declaration of      the quota for such time as the residual balance of the
entry into free circulation including a request for             quota volume so permits.
preferential benefit for a product covered by this
Regulation, and if this declaration is accepted by the                                    Article 5
customs authorities, the Member State concerned shall
draw, from the tariff quota, by means of notification to        The Member States and the Commission shall cooperate
the Commission, a quantity corresponding to these needs.        closely to ensure that this Regulation is complied with.
The requests for drawing, with the indication of the date                                 Article 6
of acceptance of the said declaration, must be
communicated to the Commission without delay.                   This Regulation shall enter into force on 1 July 1992
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels,
                                                                             For the Council
                                                                               The President
                                                                                                                           6
 ---pagebreak--- FINANCIAL RECORD
1.   Budget  Iine concerned : Chap. 12 Art. 120
2.   Legal basis : Art. 136 of the Treaty
3-   Title of the tariff measure concerned : Proposal for Council
     regulation (EEC) opening and providing for the administration af a
     Community tariff quota for rum, tafia and arrack, originating in
     the overseas countries and territories associated with the
     European Economic Community (OCT) (1992/93)
4.   Oblect ive : Execution of an autonomous measure (Decision relating
     to the association of Overseas Countries and Territories to the
     EEC)
5.   Method of calculation :
     CCT heading: 2208 40 10, 2208 40 90, 2208 90 11, 2208 90 10
     Volume of the quota: 15 000 hi
     Duty to be applied: free
     Normal CCT duty:
      in containers holding 2 litres or less : 1 ECU/hl/% vol alcohol +
     5 ECU/hl
      in containers holding more than 2 litres : 1 ECU/hl/% vol alcohol
6.   Duty-loss :
     Loss of revenue for the period 1.7.92 to 30.6.93 stands at l 504
     725 ECU.
      (2 litres or less : 945 hi)
      (more than 2 litres : 14 055 hi)
                                                                        7
 ---pagebreak--- For the period 1991/1992, a same loss stood at
Method of calculation
15 000 X  400    -    945 (< 2 I)
          6 346
15 000 X  5 946  - 14 055 (> 2 I)
           6 346
                    15 000
   945 X 105  -   99 225
14 055 X 100 - 1 405 500
                1 504 725 ECU
 ---pagebreak---                                                                     ISSN 0254-1475
                                                              COM(92) 235 final
                                                     DOCUMENTS
EN                                                                         i l 02
                                Catalogue number : CB-CO-92-242-EN-C
                                                             ISBN 92-77-44629-3
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