CELEX: 51989PC0146
Language: en
Date: 1989-04-04
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR RUM, ARRACK AND TAFIA, ORIGINATING IN THE OVERSEAS COUNTRIES AND TERRITORIES ASSOCIATED WITH THE EUROPEAN ECONOMIC COMMUNITY ( OCT ) ( 1989/90 )

COMMISSION OF THE EUROPEAN COMMUNITIES
                                        C0MC89) 146 final
                                        Brussels, 4 April 1989
                           Proposal for a
                      COUNCIL REGULATION (EEC)
   opening and providing for the administration of a Community
    tariff quota for rum, arrack and tafia, originating in the
      overseas countries and territories associated with the
                 European Economic Community (OCT)
                              (1989/90)
                   (presented by the Commission)
 ---pagebreak---                                                                             X
                           EXPttNMOHY WMORANDUM
1. Annex V of Oouncil Decision 86/283/EBC of 30 June 1966, provides that
   rum, arrack and tafia falling within CN-oodes 2208 40 10, 2206 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
   Oanmunity 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 %.
2. By Decision 86/47/EEC, extended by Decision no 86/645/EEC 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 Annex of the
   abovementioned Decision.
   Bemuse of the particularities on the rum market, the quota period
   ranges from 1 July to 30 June of the following year.
3. The importa of the products in question during the last three years ware
   as follows:
 ---pagebreak---                                               - 2 -
                                          ( i n h i of pure alcolhol)
                                     1986          1987        1988
         Benelux                      -             10.97      49.15
         Denmark
         Germany     .                -              -           6.0
         Greece                        -
         Spain                       n.c.
         France                       -               -
         Ireland                       -
         Italy                         -
         Portugal                    n.c.
         United Kingdom              85.91          69.28     277.88
         CE                        '85.91           80.25     333.03
         In these circonstances, the volume of the Ooranunity tariff quota for the
         period from 1 July 1989 to 30 June 1990 should be fixed at 423
         hectolitres of pure alcohol.
         The drop in imports during the last years can be explained by the fact
         that the former production units of the products in question in the OCT
         ceased their activity during 1983, and the equipment of the distilleries
         has been transferred into the French Overseas Departments. Therefore,
         the imports into the Community reached only        333.03 hi in 1988o
                                                        .^                  •—
                                              S> To avoid discouraging investments
         vfriich are envisaged for the Dutch Antilles and to take into account the
         particular situation of this territory, the volume of the quota to be
opened should, however,be increased to 15 000 hi of pure alcohol. But for this
         proposed amendment of the quota volume, the previsions of Article 3
         Paragraph 3 of the abovementioned Annex V should be applied.
 ---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 aaong
   Member States.
    In this case it is proposed that the whole of the quota volutes
    be held as Cose unity reserves to which all Meiber States will
    have access in accordance with the procedure provided for in
    Article 1(2) of the proposal for a Regulation.
    As regards the Method of adiini stration to be applied by all Meiber
    States, the Caaaission proposes the "as and when" systea.
    This is the purpose of the attached proposal.
    ANNEX : proposal for a Regulation
 ---pagebreak---                               Proposal for a
                         COUNCIL REGULATION (EEC)
     opening and providing for the administration of a Community
      tari.ff quota for rum, arrack and tafia, originating in the
        overseas countries and territories associated with the
                    European Economic Community (OCT)
                                  (1989/90)
THE COUNCIL OP THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Oanraunity,
Having regard to Council Décision 86/283/EBC of 30 June, 1986 en the
association of the overseas countries and territories with the European
Economic Community (1) and in particular articles 3 and 4 of its amex V;
Having regard to the proposal from the Ganmissicn,
Whereas Annex V to Decision 86/283/EBC provides that rum, arrack and tafia
shall be imported into the Oonmunity free of aistons duties within the
limits of a Oannunity tariff quota;
Whereas the Gcnnunity has established by Council Decision 86/47/EBC (2)
extended by Decision 86/645/EBC, 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; whereas this Decision
foresees for the application by the two Member States of the particular
provisions concerning the quota duties to be applied on imports of products
originating in the OCT; whereas the annual sice 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 available; whereas to this quantity a growth
rate equal to 27 % is applied; whereas the quota period ranges from 1 July
to 30 June of the following year;
(1) OJ No L 175, 1.07.1966, p. 1
(2) 0J No L 63, 5.03.1986, p. 95
(3) 0J Mb L 380, 31.12.1986, p. 66
 ---pagebreak---                                                          - 2 -
   Whereas , Co—unity statistics for these products and the trend for the
   years 1966 to 1968 show that.thej
£ highest volume of imports into the Community of the products in question
  originating in the said countries and territories, namely 333,03 hectolitres
  of pure alcohol, occurred in 1 9 S ;
  Whereas, consequently, the quota volume should therefore be fixed to 423 •
  hectolitres of pure alcohol ; whereas by application of the provisions of
  Article 3, Paragraph 3 of the aboveeentioned Annex V the quota voluae in
  question should however be increased to 15 000 hectolitres of pure alcohol.
  t'hersas 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, following the decision of the Court of Justice of 27 September
  1988 (case 51/87), —
                                                    -*     it»
  appropriate not to provide for allocation among Member
  Sute», without prejudice to the drawing, on dM tariff
  quota, of such quantities as they may need, under
  conditions and according to a procedure to be
  determined; whereas this method of administration
  requires dose cooperation between the Member States
  and the Commission and the latter must in particular-be
  able to monitor the rate at which the tariff quota is used
  and inform the Member States accordingly;
    Whereas since the Kingdom of Belgium, the Kingdom of the
    Netherlands and the Grand Duchy of Luxembourg arc united
    wuhin and jointly represented by the Benelux Economie
    Union, any operation concerning the adminisrrarion of the
    quota shares allocated to that economic union may by carried
    out by any one of its members.
     HAS ADOfTBD THIS REGULATION :
                                Article 1
     1.    From 1 July 198 9 to 30 June 1990* the following
     products originating from the OCT shall be imported
     duty face into the Community within the limit of the
     relevant Community tariff quota mentioned :
 ---pagebreak---                                                                                   Quota volume
   Order No  CN coot •                             Description                    (in hi of pure Quota duty
                                                                                      alcohol)
09.1621     220t40 10       Rum, amck and tafia                                       15000        Free
            220*40 90
            220t«Hl
            22mm 19
                    2.      The rules of origin applicable to the products
                    referred to in paragraph 1 shall be those set out in Annex
                    II to Decision 867283/EEC
                    3.      Within the limit of t h i s .
                     . qJOta, the Kingdom of Spain and the Portuguese
                    Republic shall apply customs duties calculated in
                    accordance with the 1985 Act of Accession and Decision
                    86747/EEC.
                                                Artid* 2
                       The tariff quota referred to in Article 1 shall be
                       administered by the Commission, which may take any
                       appropriate measure with a view to ensuring the efficient
                       administration thereof.
                                                Artid* 3
                                                    1
                       If an importer presents in a Member State a declaration of
                      entry into free circulation including a request for
                       preferential benefit for a product covered by this
                       Regulation, and if this declaration is accepted by the
                      customs authorities, the Member State concerned shall
                      draw, from the tariff quota, by means of notification to
                      the Commission, a quantity corresponding to these needs.
                      The requests for drawing, with the indication of the date
                      of acceptance of the said declaration, must be
                      communicated to the Commission without delay.
                      The drawings are granted by the Commission on the basts
                      of the date of acceptance of the declaration of entry into
                      free circulation by the customs authorities of the Member
                     State concerned, to the extent that the available balance
                     so permits.
                     If a Member State does not use the quantities drawn, it
                     shall return them as soon as possible to the tariff quota.
                      If the quantities requested are greater than the available
                      balance of the tariff quota, allocation shall be made on a'
                     pro rata basis with respect to the requests. Member Stales
                     shall be informed by the Commission of drawings made.
 ---pagebreak---                                                                   - 4 -                             *
                                                     jlrtstff 4
                            1. Member States shall take ail appropriate measures to
                            ensure that their drawings pursuant to Article 3 enable
                            imports to be charged without interruption against their
                                          shares of the Community quota.
                            2. Each Member State shall ensure that importers of
                            the products concerned have free access to the quota for
                            such times as the balance of the tariff quota so permits.
                            3. Member States shall charge imports of die said
                            products against their drawings as and when the goods are
                            entered with the customs authorities under cover of
                            declarations of entry into free circulation.
                            4. The extent to which the quota has been used up
                            shall be determined on the basis of the imports charged
                            in .accordance with paragraph 3.
                                                     Article i
                            At the request of the Commission, Member States shall
                            inform it of imports actually charged against the quota.
                                                                        Article 6
                                               This Regulation shall enter intoforceon 1 July 1989.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
                                                                     For the Council
                                                                      Th* President
 ---pagebreak---                                                                  9
FICHE FINMCEERE
1.      Ligne budgétaire concernée : Chap. 12 art.120
2.      Base juridique : art. 136
3.      Intitule de la mesure tarifaire : Proposition de règlement du
        Conseil portant ouvertuxeyfe.f^-ti'lïoi et node de gestion d'un
        contingent tarifaire communautaire pour le rhum, l'arak et le
        tafia, relevant des codes NC 2208 40 10, 2208 40 90, 2208 90 11 et
        2208 90 19, originaires des pays et territoires d* Outre-mer
        associes à la Oonnunautê européenne (1989-1990)
4
  *     Objectif : Exécution d'une mesure autonome (Décision relative à
        l'association des PFCM à la CEE)
5.      Mode de calcul :
        Qodes KC           : 2208 40 10, 2208 40 90, 2208 90 11, 2208 90 19
        Volumes des contingents : 15 000 hl
         Droits à appliquer : exemption
         Droits du TDC :
         récipients contenant moins de 2 L: 1 ECU/hL par % vol d'alcool + 5 ECU/hl
         récipients contenant plus de 2 l : 1 ECU/hl par % vol d'alcool.
   6.    Perte de recettes :
         La perte s'élève à 1 519 225 ECU pour la période du 1.7.1989 au
         30.6.1990.
         (moins de 2 l = 3 945 hl (plus de 2 l = 1 1 055 hl)
         Pour la période 1988/89 une perte de 1 517 130 ECU a été inscrite.
 ---pagebreak---                                                                      •Jo
                   FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI
Cette proposition est formulée en conformité avec un engagement contractuel
de la Communauté. L'impact découlant de cette concession a été pris en
considération lors de la prise de décision d'adoption de ce contingent et
i l n'aura pas un caractère sérieux sur la compétitivité et l'emploi dans
la Communauté.
 ---pagebreak---  ---pagebreak--- Commission of the European Communities
COM(89) 146 final
Proposal for a
COUNCIL REGULATION (EEC)
opening and providing for the administration of a Community tariff quota
for rum, arrack and tafia, originating in the overseas countries and
territories associated with the European Economic Community (OCTs)
(1989/90)
(submitted to the Council by the Commission)
4.4.1989
Office for Official Publications of the European Communities
L - 2985 Luxembourg
Series: DOCUMENTS
 1989 - 10 pp. — Format: 21.0 x 29.7 cm
EN
ISSN 0254-1475
ISBN 92-77-47992-2
Catalogue number: CB-CO-89-128-EN-C
 ---pagebreak---                                               ISSN 0254-1475
COM(89) 146 final
                       MENTS
Proposal for a
COUNCIL REGULATION (EEC)
opening and providing for the administration of
a Community tariff quota for rum, arrack and
tafia, originating in the overseas countries and
territories associated with the European
Economic Community (OCTs) (1989/90)
(submitted to the Council by the Commission)
 11     02                                   4.4.1989
Catalogue number: CB-CO-89-128-EN-C
ISBN 92-77-47992-2
€
COMMISSION OF THE EUROPEAN COMMUNITIES