CELEX: 31977R1377
Language: en
Date: 1977-06-21
Title: Council Regulation (EEC) No 1377/77 of 21 June 1977 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 ACP States (1977/78)

No L 157/2                           Official Journal of the European Communities                             28 . 6. 77
                                    COUNCIL REGULATION ( EEC) No 1377/77
                                                      of 21 June 1977
              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 ACP States ( 1977/78)
THE COUNCIL OF THE EUROPEAN                                     rates provided for in Protocol 7 with the uninter­
COMMUNITIES,                                                    rupted application of the duty-free entry arrangements
                                                                in respect of the said quota to all imports of the
Having regard to the Treaty establishing the European           products concerned into the Member States until the
Economic Community, and in particular Article 113               quota is exhausted ; whereas, in order to reflect as
thereof,                                                        closely as possible the actual trends on the markets in
                                                                the products concerned, such allocation should be
Having regard to the proposal from the Commission,              made in accordance with the requirements of the
                                                                Member States ;
Whereas under the ACP-EEC Convention of Lome
                                                                Whereas measures should be laid down to ensure that
signed on 28 February 1975, and in particular under             Protocol 7 is implemented under conditions such as
Protocol 7 thereto, products originating in the ACP             to permit the development of traditional trade flows
States which fall within tariff subheading 22.09 C I            between the ACP States and the Community and
(rum, arrack, tafia), shall, until the entry into force of a    between the Member States ;
common organization of the market in spirits, be
imported into the Community free of customs duties              Whereas, owing to the special character of the
under conditions such as to permit the development
of traditional trade flows between the ACP States and
                                                                products in question and their sensitivity on Commu­
                                                                nity markets, exceptional provision should be made
the Community and between the Member States ;
                                                                for a method of tise based on a single division among
whereas the Community shall fix each year the quanti­           Member States ;
ties which may be imported free of customs duties on
the basis of the largest quantities imported annually
from the ACP States into the Community in the last              Whereas, since the Kingdom of Belgium, the
three years for which statistics are available, increased       Kindgom of the Netherlands and the Grand Duchy of
by an annual growth rate of 40 % on the market of               Luxembourg are united in and jointly represented by
the United Kingdom and 13 % on the other markets                the Benelux Economic Union, any measure
of the Community, these growth rates being based on             concerning the administration of the shares allocated
foreseeable internal demand in each Member State ;              to that economic union may be carried out by any
                                                                one of its members,
Whereas, having regard to the levels reached by
imports of the products concerned into the Commu­
nity and the Member States during the last three years           HAS ADOPTED THIS REGULATION :
for which statistics are available, the size of the tariff
quota for the period 1 July 1977 to 30 June 1978
should therefore be fixed at 173 009 hectolitres of
                                                                                        Article 1
pure alcohol ;
                                                                 From 1 July 1977 until 30 June 1978 rum, arrack and
Whereas, since the entry into force of Regulation                tafia falling within subheading 22.09 CI of the
(EEC) No 329/77 ( ! ), Community imports of the afore­           Common Customs Tariff, originating in the ACP
 mentioned products originating in Surinam have been            States, shall be imported duty free into the Commu­
 taken into account for the purposes of fixing the               nity within the limits of a Community tariff quota of
 Community quota ;                                               173 009 hectolitres of pure alcohol.
Whereas the above principles also apply to the alloca*
 tion of the tariff quota ;                                                             Article 2
Whereas it seems likely that arrangements for using               1 . The tariff quota referred to in Article 1 shall be
 the Community tariff quota based on allocation                  divided into two instalments. The first instalment, of
 between the United Kingdom and the other Member                  126 030 hectolitres of pure alcohol, shall be for
 States would reconcile the application of the growth            United Kingdom consumption . The second instal­
                                                                 ment, of 46 979 hectolitres of pure alcohol, shall be
(') OJ No L 46, 18 . 2. 1977, p. 2.                              allocated among the other Member States.
 ---pagebreak---  28 . 6. 77                          Official Journal of the European Communities                        No L 157/ 3
2.     The shares of each of the Member States to               2. The United Kingdom shall take the steps neces­
which the second instalment is allocated pursuant to            sary to ensure that the quantities imported from the
paragraph 1 shall consist of the following quantities :         ACP States under the conditions laid down in Articles
                                   (in hi of pure               1 and 2 are restricted to those meeting its domestic
                                      alcohol)                  consumption requirements.
        Benelux ;                        5 926,                 3 . The Commission shall regularly inform the
        Denmark :                        4 000,                 Member States of the extent to which the tariff quota
        Germany :                     24 000 ,                  has been used up.
        France :                       1 1 395,
        Ireland :                        1 000,                 4. Where necessary, consultations may be held at
        Italy :                            658 .                the request of a Member State or on the initiative of
                                                                the Commission .
                         Article 3                                                       Article 5
1 . Member States shall manage the shares allocated             The Commission shall take all necessary measures, in
to them in accordance with their own arrangements.              close cooperation with the Member States, to ensure
                                                                the implementation of this Regulation .
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 ACP States, declared at customs for clearance            Council Regulation (EEC) No 157/76 of 20 January
for home use .                                                  1976 on the safeguard measures provided for in the
                                                               ACP-EEC Convention of Lome (*), shall apply in
                         Article 4                              respect of the products covered by this Regulation .
1.     Member States shall inform the Commission                                         Article 7
each month of imports actually charged against the
tariff quota.                                                  This Regulation shall enter into force on 1 July 1977.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Luxembourg, 21 June 1977.
                                                                           For the Council
                                                                            The President
                                                                              D. OWEN
                                                               (') OJ No L 18 , 27 . I. 1976 , p. 1 .