CELEX: 51990PC0236
Language: en
Date: 1990-06-05
Title: AMENDED 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 AFRICAN, CARIBBEAN AND PACIFIC STATES ( ACP ) ( 1990/1991 )

22. 6. 90                              Official Journal of the European Communities                          N o C 153/11
             Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 412/87 on the
             apportionment of the cereals provided for under the Food Aid Convention for the period 1 July
                                                    1986 to 30 June 1989
                                                      COM(90) 217 final
                                       (Submitted by the Commission on 7 June 1990)
                                                        (90/C 153/09)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         Whereas Regulation (EEC) No 412/87 (3) provides for
                                                                 the apportionment of the quantities of cereals provided
Having regard to the Treaty establishing the European            for under the Food Aid Convention for the period 1 July
Economic Community,                                               1986 to 30 June 1989; whereas this period should be
                                                                 extended until 30 June 1991,
Having regard to Council Regulation (EEC) No
3972/86 of 22 December 1986 on food aid policy and               HAS ADOPTED THIS REGULATION:
food aid management (x), as last extended by Council
Regulation (EEC) 1750/89 (2), and in particular the first
and second indents of Article 4 (1) and Article 4 (2)                                      Article 1
thereof,
                                                                 In the first paragraph of Article 1 of Regulation (EEC)
                                                                 No 412/87, 30 June 1989 is replaced by 30 June 1991.
Having regard to the proposal from the Commission,
                                                                                           Article 2
Having regard      to    the opinion    of   the   European
Parliament,                                                      This Regulation shall enter into force the day after its
                                                                 publication in the Official Journal of the European
Whereas the Food Aid Convention             1986 has been         Communities. It is applicable from 1 July 1989.
extended until 30 June 1991;
                                                                 This Regulation shall be binding in its entirety and
                                                                 directly applicable in all Member States.
O OJ No L 370, 30. 12. 1986, p. 1, and corrigendum in OJ No
   L42, 12. 2. 1987, p. 54.
O OJ No L 172, 21. 6. 1989, p. 1.                                O OJ No L 42, 12. 2. 1987, p. 11.
             Amended 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 African,
                                    Caribbean and Pacific States (ACP) (1990 to 1991)
                                                      COM(90) 236 final
             (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 11 June 1990)
                                                        (90/C 153/10)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         Whereas the Community signed the Fourth ACP-EEC
                                                                 Convention at Lom6 on 15 December 1989; whereas the
                                                                 Community decided, by Council Regulation (EEC) N o
                                                                 714/90 of 5 March 1990 concerning the application of
Having regard to the Treaty establishing the European            Decision No 2/90 of the ACP-EEC Council of Ministers
Economic Community, and in particular Article 113                on transitional measures valid from 1 March 1990 (*), to
thereof,                                                         apply Protocol 6 annexed to the Convention autono-
                                                                 mously in advance;
Having regard to the proposal from the Commission,               O OJ No L 84, 30. 3. 1990, p. 1.
 ---pagebreak--- N o C 153/12                          Official Journal of the European Communities                                     22. 6. 90
Whereas Protocol 6 provides that products originating in        Whereas the economic difficulties which could result for
the African, Caribbean and Pacific (ACP) States which           the French Overseas Departments (FOD) from the
fall within C N codes 2208 40 10, 2208 40 90, 2208 90 11        sudden change in the arrangements for importing rum
and 2208 90 19 shall, until the entry into force of a           from the African, Caribbean and Pacific (ACP) States
common organization of the market in spirits, be                constitute circumstances having a binding effect which
allowed into the Community free of customs duties               justify the temporary and partial maintenance of these
under conditions such as to permit the development of            arrangements; whereas, however, the arrangements for
traditional trade flows between the ACP States and the          allocation of the quota into national shares should be
Community and between the Member States; whereas                phased out and can only be justified on a transitional
the Community shall until 31 December 1993 fix each             basis; whereas the arrangements should in any event
year the quantities which may be imported free of               definitively disappear with the prospect of the estab-
customs duties on the basis of the largest quantities           lishment of the internal market;
imported annually from the ACP States into the
Community in the past three years for which statistics          Whereas, in these circumstances, provision should be
are available, increased by an annual growth rate of            made to increase to 40 % the volume of the Community
37 % on the market of the United Kingdom and 27 %               reserve, with a system for the automatic transfer of
on the other markets of the Community; whereas the               Member States' shares to this reserve as soon as 80 % of
volume of the annual quantity can in no case be less than       the latter has been used up;
172 000 hectolitres of pure alcohol;
                                                                Whereas, during the past three years for which statistical
                                                                data are available, imports from Member States have
Whereas Council Regulation (EEC) N o 1820/87 of 25              been as follows:
June 1987 concerning the application of Decision No
2/87 of the ACP-EEC Council of Ministers on the                                                     (in hectolitres of pure alcohol)
advance implementation of the Protocol to the Third
                                                                          Member State           1987        1988         1989
ACP-EEC Convention consequent on the Accession of
the Kingdom of Spain and the Portuguese Republic to
the European Communities (') provides for special               Benelux                          6 264       7 389        7 621
arrangements for the quota duties to be applied by those        Denmark                          1 884       2 038        1 748
two Member States; whereas by reason of the particu-            Germany                         33 570     42 523        48 591
larities peculiar to the market in rum the quota period         Greece                              50                      586
ranges from 1 July to 30 June;                                  Spain                              244                      156
                                                                France                           1 929       1 216           19
                                                                Ireland                          2 060       2 189        2 973
Whereas, having regard to the levels reached by imports          Italy                             800          806         431
of the products concerned into the Community during             Portugal                              7
the past three years for which statistics are available, the    United Kingdom                  72 040     63 525        83 773
annual quota volume for the period 1 July 1990 to 30
June 1991 must be fixed at 193 668 hectolitres of pure                                 Total   118 848    119 686       145 898
alcohol;
                                                                Whereas, in view of these factors, of market forecasts for
Whereas it is in particular necessary to ensure to all           the products in question and of the estimates submitted
Community importers equal and uninterrupted access to            by certain Member States, quota shares may be fixed
the abovementioned quota and uninterrupted application           approximately at the following percentages:
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;
                                                                           Benelux                               5,53
                                                                           Denmark                               1,47
                                                                           Germany                            32,43
Whereas, following the case law of the Court of Justice,
                                                                           Greece                                0,17
it is unlawful to allocate the Community quotas between
                                                                           Spain                                 0,10
the Member States, unless overriding circumstances of an
                                                                           France                                0,83
administrative, technical or economic nature prevent
                                                                           Ireland                               1,88
acting otherwise; whereas, in addition, in cases where it
                                                                           Italy                                 0,53
is decided to allocate quotas, a mechanism should be set
                                                                           Portugal                              0,00
up whereby the integrity of the Common Customs Tariff
                                                                           United Kingdom                      57,06
may be protected;
                                                                 Whereas provision should be made for a mechanism to
0) OJ No L 172, 30. 6. 1987, p. 3.                               prevent, when the Community quota is not exhausted,
 ---pagebreak--- 22. 6. 90                               Official Journal of the European Communities                                 N o C 153/13
goods from being imported into a Member State which                  Commission, and the Commission must be able to keep
has exhausted its share only after the full application of           account of quota utilization rates and inform the
customs duties, or after having been diverted to another             Member States accordingly;
Member State which has not yet exhausted its share;
whereas, in these circumstances, if, during the quota                Whereas, since the Kingdom of Belgium, the Kingdom
period, the Community reserve were to be almost                      of the Netherlands and the Grand Duchy of
entirely used up, Member States should return to the                 Luxembourg are united within and jointly represented by
said reserve all of the unused portion of their initial              the Benelux Economic Union, any operation concerning
shares so as to avoid part of the Community tariff quota             the administration of the contingents may be carried out
from remaining unused in one Member State, when it                   by any one of its members,
could be used in others;
Whereas measures should be laid down to ensure that                  HAD ADOPTED THIS REGULATION:
Protocol 6 is implemented under conditions such as to
permit the development of traditional trade flows
between the ACP States and the Community, on the one                                              Article 1
hand, and between the Member States on the other;                    1.    From 1 July 1990 to 30 June 1991, the following
                                                                     products originating in the ACP States shall be imported
Whereas this form of administration requires close col-              duty free into the Community within the limits of the
laboration between the Member States and the                         relevant Community tariff quota mentioned:
                                                         Description                 Quota volume
                 Order No       CN code                                                                   Quota duty
                                                                                (in hi of pure alcohol)
              09.1606          2208 40 10      Rum, tafia and arrack                    193 668              free
                               2208 40 90
                               2208 90 11
                               2208 90 19
2.    Within the limit of this quota, the Kingdom of                                              Article 3
Spain and the Portuguese Republic shall apply customs
duties calculated in accordance with the 1985 Act of                 If a Member State's initial share as specified in Article 2
Accession and Regulation (EEC) No 1820/87.                           (2) has been used up entirely, the following provisions
                                                                     shall apply.
                          Article 2
                                                                     If an importer presents, in a Member State, a declaration
1.    The tariff quota referred to in Article 1 shall be             as to entry into free circulation comprising a request for
divided into two instalments.                                        preferential treatment for a product covered by this
                                                                     Regulation, and this declaration is accepted by the
                                                                     customs authorities, the Member State comcerned shall,
2.    A first instalment of 116 200 hectolitres of pure              by notifying the Commission, draw an amount corre-
alcohol shall be allocated amongst the Member States;                sponding to its requirements from the reserve referred to
the shares which, subject to Article 3, shall apply until 30         in Article 2 (3).
June 1991, amount to the following quantities:
                                       (hectolitres of
                                        pure alcohol)                Requests to draw on the reserve together with the date
                                                                     of acceptance of the said declaration must be forwarded
          Benelux                             6 425
                                                                     to the Commission without delay.
          Denmark                              1 710
          Germany                            37 685
          Greece                                 200
          Spain                                  115                 Drawings shall be granted by the Commission on the
          France                                 955                 basis of the date of acceptance of goods for entry into
          Ireland                             2 185                  free circulation by the customs authorities of the
          Italy                                  615                 Member State concerned, provided a sufficient amount
          Portugal                                10                 remains in the reserve.
          United Kingdom                     66 300
3.    A second instalment of 77 468 hectolitres of pure              If a Member State does not use the quantities drawn, it
alcohol shall constitute the Community reserve.                      shall return them to the reserve as soon as possible.
 ---pagebreak--- N o C 153/14                          Official Journal of the European Communities                               22. 6. 90
If requests for drawings exceed the amount remaining in         State of the extent to which the reserves have been used
the reserve, an allocation shall be made pro rata. The          up.
Member States shall be so informed by the Commission.
                                                                It shall inform the Member States of the volume of the
                          Article 4                             reserve following any return of quota shares pursuant to
                                                                Article 4.
Once at least 80 % of the reserve as defined in Article 2
(3) has been used up, the Commission shall inform the
Member States thereof.                                                                    Article 6
                                                                Each Member State shall ensure that importers of the
It shall also notify Member States in this case of the date     products concerned have free access to the quota for
from which drawings on the Community reserve must be            such time as the residual balance of the quota volumes so
made according to the provisions laid down in Article 3,        permits.
if these provisions are not already in effect.
                                                                                          Article 7
Within a time limit fixed by the Commission as from the
date referred to in paragraph 2, Member States shall be         The Member States and the Commission shall cooperate
required to return to the reserve all their initial shares      closely to ensure that this Regulation is complied with.
which have not been used on that date.
                                                                                          Article 8
                          Article 5                             This Regulation shall enter into force on 1 July 1990.
The Commission shall keep an account of the shares
opened to the Member States pursuant to Articles 2 and          This Regulation shall be binding in its entirety and
3 and shall, as soon as it has been notified, inform each       directly applicable in all Member States.
              Proposal for a Council Regulation (EEC) on the transfer of ships from one register to another
                                                   within the Community
                                                     COM(90) 219 final
                                      (Submitted by the Commission on 12 June 1990)
                                                       (90/C 153/11)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        registers while safeguarding a high level of safety of
                                                                 ships and environmental protection in conformity with
                                                                international regulations;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 84 (2)
thereof,
                                                                Whereas measures to facilitate the transfer of ships
                                                                within the Community are required to free European
Having regard to the proposal from the Commission,               shipowners from unnecessary costs and administrative
                                                                procedures involved in a change of register within the
                                                                 Community and also to improve the operating conditions
                                                                 and the competitive position of Community shipping;
Having regard        to the   opinion   of  the   European
Parliament,
                                                                Whereas the issue of international certificates for safety
Having regard to the opinion of the Economic and                 and pollution prevention, provided under the 1974 Inter-
Social Committee,                                                national Convention for the Safety of Life at Sea (1974
                                                                 Solas), the International Convention on Load Lines 1966
                                                                 (LL 1966) and the International Convention for the
Whereas the establishment and functioning of the                 Prevention of Pollution from Ships 1973, as modified by
internal market involves the elimination of technical            its Protocol of 1978 (Marpol 73/78), is the responsibility
barriers to the transfer of ships between the national           of States;