CELEX: 51976PC0187
Language: en
Date: 1976-04-29
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for products falling within subheading 22.09 C I of the Common Customs Tariff, originating in the overseas countries and territories associated with the European Economic Community (year 1976/1977) (submitted to the Council by the Commission)

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DOCUMENTS "COM"
COM (76) 187
Vol. 1976/0059
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 ---pagebreak--- COMMISSION CF THE EUROPEAN CQMMUNITI e.
                                              COM(76)187 final.
                                              Brussels . 29 April 197® «
        PROPOSAL FOR A REGULATION- ( EEC ) OF THE COUNCIL
  opening , allocating and providing for the administration
   of a Community tariff quota for products falling within
      subheading 22.09 C I of the Common Customs Tariff ,
    originating in the overseas countries and territories
        associated with the European Economic Community
                        (year 1976 / 1977 ) -
                                                   \
             (submitted to the Council by the Commission)
   COK(76 ) 187 final .
                  /
 ---pagebreak---                      EXPLANATORY MEMORANDUM
     Decision No 76 / 198 / EEC of the Council dated 9.2.1976 provides that
     rum , arrack and tafia falling within subheading 22.09 C I of the
     Common Customs Tariff and 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 for which the quota
     period shall be from 1 July to 30 June .
1.1 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
    years for which statistics are available . This basic amount is to be
    subject to a rate of growth of 13% . This rate may be modified each
    year , either upwards or downwards , in the light of certain criteria .
1.2 The annual tariff quota is to be shared among the Member States taking
    in account actual trends on the markets , the needs of the Member
                                                    «
    States and the economic prospects for the period concerned .
    Imports of the products in question effected during the last three
    years were as follows :
                                in hl of pure alcohol
                             1973             1974         1975
    Bénélux                5,848            1 , 565       1,100
    Denmark                   1 17              152         137
    Germany              56,876            23,102        70,188
    France
    Ireland                      6               13           7
    Italy                                         6
    United Kingdom                                            5
                         62,847            24,838        71,437
                                                                            r
 ---pagebreak---                          2
2.1 It follows from these figures that the quantities relative to the year
    1975 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 13% .
2.2 In these circumstances , the volume of the Community tariff quota for
    the period from 1 July 1976 to 30 June 1977 should be fixed as 80,724
    hectolitres of pure alcohol .
2.3 In the present instance , as an exception , it is advisable not to
    divide the quota volume into two instalments one of which would
    constitute a reserve . Instead , a method of use based on a single
    division among the Member States is envisaged .
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 .
 ---pagebreak---                                                    j PROPOSAL FOR A
                                       COUNCIL REGULATION ( P.EC) No            ....
                on the opening , allocation ;uid su2aiinisiri>iion oi a Community rariif 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 associ­
                                     ated with the European Lcononi
                                               cne nuropean Economic Community
                                                (Ycar 1976/197 /)
   THE COUNCIL OF THE EUROPEAN                                 tor a method of use based 011 a single division
   COMMUN1TIES,                                               amongst Member States ;
   Having regard to the Treaty establishing the European      Whereas, taking into account actual trends on the
   Economic Community, and in particular Article 136           markets for the products 111 question , the needs of the
   thereof,                                                    Member States and the economic prospects for the
                                                              period under consideration , the initial percentage
   Having regard to Council Decision 76/ 198/EEC of 9         shares in the quota volume will be as follows :
   February 1976 on import arrangements for rum ,
                                                                       Bénélux                            , 5-33
   arrack and tafia falling within subheading 22.09 C I of
                                                                       Denniark                              0.25
   the Common Customs Tariff and originating in the
  overseas countries and territories associated with the               Germany                             9-1 . 86
                                                                       France                               001
   European Economic Community ( ' ),
                                                                       Ireland                              001
  Having regard to the proposal from the Commission,                   Italy                                0-01
                                                                       United Kingdom                        001 ;
  Whereas Decision 76/ 198 / EEC stipulates that rum,
  arrack and tafia shall be imported into the Commu­          Whereas the development ot imports into the
  nity free of customs duties within the limits of a          Community of these products should be recorded and
  Community tariff quota ; whereas the annual volume          imports should accordingly be monitored ;
  of the quota for the period from 1 July to 30 June is
  to be fixed on the basis of a basic annual quantity,        Whereas, since the Kingdom of Belgium, the
  calculated in hectolitres of pure alcohol , to which a      Kingdom of the Netherlands and the Grand Duchy of
  rate of growth of 13 % is to be applied, equal to the       Luxembourg are jointly represented by the Benelux
  amount of imports during the best of the last three         Economic Union , any measure concerning the admin­
  years for which statistics are available ; whereas this     istration of the share allocated to that economic union
  rate may be modified in the light of certain criteria ;     may be carried out by any one of its members,
   Whereas Community statistics for th8
  last three years I973 to 1975 show                          H AS ADOPTED TH1S REGULATION :
  that the highest volume of imports
  into the Community
                of the products in question                                            Artille 1
   originating in the said
                   countries and territories                  1.     From 1 July 1976 until 30 June 197jlnim ,
 took place in                  1975 , namely                 arrack and tafia falling within subheading 22.09 C I of
                                7 1 , 437 hecto-              the Common Customs Tariff and originating in the
   litres of pure alcohol ; whereas                           countries and territories referred to in Article 1 of
   in the light of consumption and                            Decision 76/ 198/ EEC shall be imported free of
                                                              customs duty into the Community within the limits
   production within the Community
                                                              of a Community tariff quota of 83 724 hectolitres of
   and of the development of trade                            pure alcohol .
    both 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 should be
                  13% ;
 Whereas the amount of the quota for the period from
 1 July 1976 to 30 June 197^ should therefore be
 fixed at 80 724 hectolitres of pure alcohol ;
 Whereas, owing to the special character ' of the
 products in question and their sensitivity on Commu­
 nity markets, exceptional provision should be made
( 1 ) OJ No L 37 , of 12.2.1976 . p. 24 .                                                                           •/
 ---pagebreak--- 2. The rules of origin applicable to the products                  of the products in question originating in the said
referred to in paragraph 1 shall be those mentioned in            countries and territories.
Article 5 of Decision 76/ 198 / EEC.
                                                                   2.   Member States shall forward to the Commission
                         Article 2                                 not later than the 15th day of each month statements
The Community tariff quota referred to in Article 1               of imports of the products in question effected during
shall be allocated amongst the Member States as                    the preceding month ; only products submitted to the
follows :
                                                                  customs authorities under cover of a declaration that
                                                                  they are to be made available for home use and accom­
                                           hectolitres of         panied by a movement certificate conforming to the
                                           pure alcohol           rules referred to in Article 1 (2) shall be taken into
         Bénélux                           4 320                  consideration for this purpose.
         Denmark                              202
         Germany                          76 170                  3.    The Commission shall regularly inform the
         France                                    8              Member States of the extent to which the tariff quota
         Ireland                                   8              has been used up.
         Italy                                     8
         United Kingdom                            8             4.     Where necessary, consultations may be held at
                                                                  the request of a Member State or on the initiative of
                         Article 3                               the Commission .
    1.     Member States shall ensure                                                    Artide 5
    that importers of the goods in
    question who are established in their                        The Commission shall take all necessary measures to
     ■territory, shall have free access to                       ensure the implementation of this Regulation in close
    the shares allocated to them .                               co-operation with the Member States.
  2.    The extent to which the Member States have
  used up their shares shall be determined on the basis                                  Article 6
  of the imports of the products in question originating
  in the said countries and territories declared at              This Regulation shall enter into force on 1 July
  customs for clearance for home use .                           1976.
                           Article 4
  1.    In   accordance with      Article   6 of      Decision
  76/ 198/EEC, the Community shall monitor imports
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels,
                                                                               For tbe Councit
                                                                                The Président