CELEX: 51980PC0038
Language: en
Date: 1980-02-06
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the 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 (1980) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 38
Vol. 1980/0016
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                            COM(80)38 final.
                                                            Brussels , 6 February 1980
                                 Proposal for a
                            COUNCIL REGULATION ( EEC )
                                                                                  I
opening , allocating and providing for the 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 ( 1980 )
                 ( submitted to the Council by the Commission )
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C0M ( 80 ) 38 final .
 ---pagebreak---                                       EXPLANATORY MEMORANDUM
        1.     Decision N076 ,/L'® / EEC of the Council dated           . 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 . The validity of this decision
is extended by Decision 80 /.. ../ EEC of 15 January 1980 .
              Owing to certain characteristic features inherent      in the production
              and marketing of the products in 'question , the quota period shall be
              from 1 July to 30 June . The system should therefore in this case , in the
              first instance , end on 30 June 1980 , after which date the normal annual
             periodicity should be 'resumed .                        ,
       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 18 % . In view of the fact that the pro rata temporis
     \       clause is applicable the volume of the tari f^amounts to four-twelfths              v
             of this quant ity .
                                                                     \
       1.2 . 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 .
                                                                                          t
       2.    The imports of the products in question during the last three years were
             as fol lows :
                                                      - in hi of pure alcohol -             _
                                                     1976      1977        1978
             Bénélux    '        .                   3,903      367
             Denmark                                      2       -           -    .
             Germany                                48,187   34,871     70,285-
             France                               -       -
             Ireland                                    37        2
             Italy                                        5       -         . -
             United Kingdom                               1       -          64
                                                    52,135   35,240     70,349
                                                                                     ■ ■■/■ •m
 ---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 " 18 % .
2.2 . In these circumstances and applying to the pro rata temporis clause , the
      volume of the Community tariff quota for the period from 1 March 1980
      to 30 June 1980 should be fixed at 27.670 hectolitres of pure alcohol .
2.3 . The Regulation provides in the usual way , for the splitting up of the
      tariff volume into two parts , of which the first will be allocated among
      the Member States as quota shares and the second will be kept as a
      reserve , ( see annex ).
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---                                               •  Proposal for a
                            '        COUNCIL REGULATION (EEC)
      r                 '      '■                             '      '■   .           –– '
                  opening, allocating and providing for die administration of a Community tariff
             1 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 territo­
                          ries associated with the European Economic Community ( 1980 )
    THE COUNCIL OF THE EUROPEAN
    COMMUNITIES,
    Having regard to the Treaty establishing the European                                     v
    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 '                          %     r   •
   overseas countries and territories associated with the r                   v          'p •
   European Economic Community              as extended by , Deci sion 80/        ../ EEC ,
~ Having" regjard to"the proposarfrom th^CommissTonT-"~~ ■'r ~r" "                                .
   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 the abovementioned countries and territories should be accorded the same
   import system for these products as that accorded to the ACP States by Regulation
   ( EEC ) No             / 80 •      whereas , consequently , the rate of growth . for the quota
  period in question may be ./fixed , at: 18% ;
 Whereas Community statistics for the years 1976 to
 1978 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 70 349 hectoliires of pure alcohol ;
Whereas the first quota period should be -limited to 30 June 1980 and whereas , there1
fore , a pro rata temporis reduction -of the quota volume to four twelfths should be
introduced ; whereas the size of the tariff quota for the period 1 March 1980 to
30 June 1980 should therefore be fixed at 27,670 hectolitres of pure alcohol ;
   1 O.J. No . L 37 ,. .12.2.1976, p. 24
   2 O.J. No
   3 O.J. No
 ---pagebreak---                             - 2 -
  Whereas it is in particular necessary to ensure for all
  Community importers equal and uninterrupted access
  to . the above-mentioned 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          ;                0-02%
           Germany                          94-55 % '
           France                            0-0 ? %
           Ireland                           0-05 %
           Italy                             0 02%
           United Kingdom ■      ,           0-Q9 %
   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 9 q% of the quota volume;
   Whereas the Member StateA' initial shares may be used
   up at different times; whereas, in order to take this fact
   into acccJunt 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 remain^ 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 quota from remaining unused in one
  Member State when it could be used in others; .
 ---pagebreak---                                 - 3 -
   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 in and represented by the
   Benelux Economic Union, all transactions concerning
  the   administration    of   shares   allocated   to    that
  economic union may be carried out by any one of its
  members,
  HAS ADOPTED THIS REGULATION :
                          Article 1
  1.    From 1 March         until 3Q June       1980, rum,
  arrack and tafia, falling within subheading 22.09 C I
 of the Common Customs Tariff and originating in the
  countries and territories referred to in Article 1 of
  Decision 76yi-9& /EEC shall be imported free of
 customs duty -into the Community within the limits
 of a Community tariff quota of £7670 hectolitres of
 pure alcohol .
 2.    The rules of origin applicable to the products
 referred to in paragraph 1 shall be those mentioned in
 Article.-.of Decision^. / J ?§/ ECC .
                          Article 2
 1 . The tariff quota referred to in Article 1 shall be
 divided into two instalments.            .             •
 2 . A first instalment,amounting to 24900 hectol itres, shal I be
 allocated among the Member States; the shares, which,
 subject to Article 5, shall be' valid until 3q j une          \
1980 , shall be as follows:
                                      ( hectolitres )
         Bénélux                             1 307
         Denmark                                  5
         Germany                            23 542
         France                                   5
         Ireland                                 13
                                                  5
         Italy
         United Kingdom                          23
 3 . The second instalment of 2 770 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---                                -  L   -
  draw a second share equal to 15% of its initial share,
  rounded up where necessary to the next unit.
  2. 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
  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 process 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 3 n June 1980-
                           Article S
 The Member States shall return to the reserve, not later
 than 1(] [Y| a y 1980 > such unused portion of their
 initial shares as, on 1 M ay            19gQ^is in excess
 of 20% of the initial volume. They may return a larger
 quantity if there are grounds for believing that it may
 not be used.
 The Member States shall, not later than 10 May
1980 , notify the Commission of the total quantities of
 the products in question imported up to 1 May
 1930 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
15    May     19 80^>f the amount in the reserve after
 quantities have been returned thereto pursuant to
 Article 5 .
 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 drawing.
                         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. The Member States shall ensure that importers of
 the products in question established in their territory
 have free access to 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. f
   ci rculation .
 4. The extent to which a Member State has used up its
 share shall be determined on the basis of the importsi
 charged in accordance with paragraph 3 .
 ---pagebreak---                                                   6 -
                                         A rticle     g
                 1.     In accordance with Article        . of Decision
               76- ./fJgEEC, the Community shall monitor imports
                of the products in question originating in the said
                countries and territories.
                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 to be made available for .        - .• rr , ,i
                    ■ • li                         .     t C'.' cuiation and accom*
                panted 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 .                                        >
                                                                             1
                                        Article   a
                The Commission shall take all necessary measures, in
                close cooperation with the Member States, to ensure
                the implementation of this Regulation.
                                        Article   Ifi
                This Regulation shall enter into force on 1 t'lafch -] 980 .
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at
                                                            For the Council
                                                               The President