CELEX: 51979PC0145
Language: en
Date: 1979-03-23
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) ON THE OPENING, ALLOCATION AND 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 (1979/80) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 145
Vol. 1979/0068
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(79)145 final
                                            Brussels / 23th March 1979
                    PROPOSAL FOR A COUNCIL REGULATION ( EEC )
                ON THE OPENING , ALLOCATION AND 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     ( 1979 / 80 )
                ( submitted to the Council by the Commission )
                                      '    'A
C0M(79 ) 145 final
 ---pagebreak---                    EXPLANATGRY MEMORANDUM
 Decision No 76 / 198 /ZEC of the Council dated - 9 . 2 . 1 976 provides that
 rum , arrack and tafia falling within subheading 22.09 C I of the
 Coruion 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 . According to , article 8 of this
 decision the applicability of this measure is limited until 29 February
  1980 . In connection with the provisions of article 3 ( 1 ) of this decision ■?
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% . . In view of the fact that the prorata
  temporis clause is applicable the volume of the tariff amounts to eight ,
  twelfth of this quantity .,-                                  ...
The            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 .
 The imports of the products in question .                  ■ during the last three
years were as follows :                             • '
                           - in hi of pure alcohol -
                                                 '.                 ■ 1976 ; .        1977     1 973
Bénélux      . •                                                     3^903              367
Denmark                     .                                             o                "
Germany              V            ,                              - 48.187       -. 34,871      70.285
e rance    '           .            ■ , .     • .                         -
Ireland                                        ^        .               37               ■ 2
Italy                   '•                ^               .              '5        •.   . - '•
United Kingdom                              .                \         " 1                 -
                      '                                            52,135      ' 35,240        70,349
  + it follows that the.j prorata temporis clause is applicable .
 ---pagebreak---                                     - 2 -
2.1   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 13% .                                                        ;        ■ .
2.2  In these circumstances , the - volume of . the Community tariff quota for ■
     the period from 1 July 1979 . to .29 Feb . 1980  should be fixed as.. 52,996
     hectolitres of pure alcohol .
2.3 'The Regulation' provide    in the usual way / for the splitting up o.f
     the tariff volume into two parts , of which the first will be             '
     allocated among the Member States as quota share's and the second.....
     will be kept as a reserve . , fsp.p.'annPY)
                              !       .                         « '                .
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 . :     , v..' :                             .
 ---pagebreak---                                                          PROPOSAL     rw<     H
                                            COUNCIL REGULATION (EEC) No
                        on the opening, allocation and 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 associ­
                                     ated with the European Economic Community (197<J/ £o)
         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 (*),                                (
         Having regard to the proposal from the Commission,             ■
         Whereas Decision 76/ 198/EEC stipulates that rum,
         arrack and tafia shall be imported into the Commu­
          nity free of customs duties within the limits of a
          Community tariff quota ; whereas the annual size of                      -
          the quota for the period 1 July to 30 June is to be
          fixed on the basis of a basic annual quantity, calcu­
          lated in hectolitres of pure alcohol, to which a rate of
         growth of 13 % 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 may be
          modified in the light of certain criteria ;
          Whereas Community statistics for the years 1976 to                              ■     <
          1 97 ?? show that the highest volume of imports into
          the Community of the products in question origi­
          nating in the said countries and territories occurred' in
           1978, namely Ij-Q        hectolitres of pure alcohol ;
          whereas, in the light of consumption and production       '
           within the Community and of the development of           '
          trade 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 Article 8 of Decision -76/ 1 98/ EEC                           ,
     limits the applicability of the tariff mea­
     sure m question until 29 February 1980 ; whereas it
     JLOI I OWS , on the basis also ■ of Article 3 ( 1 ) of that
     Decision, that the pro rata temporis clause is
     applicable for calculating the volume of the
     tariff quota ;
    J rr.Sin !iZe °f the 1uota for the period
         uly 1979 to 29 February 1980 should there-
       "H                  " 52 996                          of purf
(??                 Vo L-Z                                 *2»
 ---pagebreak--- Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access
to the abovementioncd 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 initial percentage
shares in the quota volume could be as follows :
         Bénélux :                            5 • 25
         Denmark : *             .            0.01
         Germany :            •         .   94 54
         France :
                                              0.01
         Ireland :
                                              0.05
         Italy :
         United Kingdom :                     8:?i
 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 00% of the quota volume;
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 its additional shares is 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 cruota from
 remaining unused in one Member State
 when it could be used in others ;
 ---pagebreak---  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 united within and jointly represented
 by the Benelux Economic Union, any measure
concerning the administration of the share allocated
 to that economic union may be carried out by any
one of its members,
HAS ADOPTED THIS REGULATION :
                          Article 1
1.      From i July 1979 until 29 February 1 9 8 0 f rum ,
arrack and tafia falling within subheading 22.09 C I of
the Common Customs Tariff, originating in the coun­
tries 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 Commu­
nity tariff quota of 52996hectolitres of pure alcohpl .
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.
                           Article 2
   1 . The tariff quota referred to in Article 1 shall be
  divided into two instalments.                             '
                                                          \
  2. A first instalment amounting to 47696 hectolitres shall be
  allocated among the Member States; the shares, which ^
  subject to Article 5, shall be valid until 29 February
19 $o , shall be as follows :
           Benelux                         2504 hl
           Denmark                             5 hl
           Germany                       45091 hl
        '  France                              5 hl
           Ireland                            24 hl
           Italy                                5 hl
           United Kingdom      '              62 hl
                                              62  hi
  3 . The second instalment of 5300 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, by notifying the Commission,
 ---pagebreak---    draw a second share equal to 15% of its initial share,
 ■ rounded up where necessary to the next unit.
   2 .V 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
1 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 proccss'shall continue until the reserve is used up.
  4. 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.
                               Article 4
   Each of the additional shares drawn pursuant to Article
   3 shall be valid until      29 February 1980#
                               Article 5
  The Member States shall return to the reserve, notlater
  than 1 Dec emb e pfsuch unused portion of their             ' 1979 ,
  initial shares as, on 15 Movembg p f~ t is in excess        ΓΊ979 ,
  of 20% of the initial volume. They may return a larger
  quantity if there are grounds for Relieving that it may
  not be used.
                                       I
  The Member States shall, not later than 1 December
   1979, notify the Commission of the total quantities of
  the products in question imported up to 15 November
   1979 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
   been used up , as soon as it receives the notifications.
 ---pagebreak---                                      5-
  It shall inform the Member States, not later than 5
December , 1979 of the' amount in the reserve alter
  quantities have been returned thereto pursuant to
  Article J.
  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 the
  balance to the Member State making the last d: awing.
                           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
 share of the Community quota.
 2. Hie Member States shall ensure that importers of
 the products in question established in their territory
 have free access fo the shares allocated to them.
 3 . The Member States shall charge imports of the
 products in question against their share as and when the
 goods are entered with customs authorities for home
 use .
 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
In accordance with Article 6 of Decision 76/ 198/EEC,
the Community shall monitor imports of the products
in question originating in the said countries and terri­
tories.
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 preceding month ; only products submitted to the
customs authorities under cover of a declaration that
they are ro be made available for home use and accom­
panied 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.
 ---pagebreak---                                                                            Article 9
                                                   The Member States and the Commission shall cooperate
                                                   closely in order to ensure that this Regulation is
                                                   complied with.
                                                                          Article 10
                                                   This Regulation shall enter into force on 1 July
                                                   1979.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,                                                      -
                                                                      For the Council
                                                                       The President