CELEX: 51979PC0139
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 ACP STATES (1979/80) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 139
Vol. 1979/0067
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                              COM(79)139 final
                                                              Brussels . 23 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 ACP STATES
                                        ( 1979 /    80 )
                ( submitted to the Council              by the Commission )
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C0M(79 ) 139 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM                     v .
1 . a ) The Convention between the ACP States and the EEC together with •
         Protocol No 7 provides that the products falling within subheading
         No 22.09 C I of the CCT ( rum , arrack , tafia ), originating in the .
         ACP States , shall be imported duty free into the Community .
         These preferential arrangements are restricted , however , to a
         quantity which is to be fixed annually by tHe Community on' the '
         basis of the largest quantities imported annual ly . from the ACP .
         States during the last three years for which statistics are
         available , increased by an annual growth rate of 40% on the
         British market and 13% on the other Community markets . '
         The declaration contained in the ( Council Minutes ( Meeting of
         13-15 January 1975 ) provides for the allocation of the annual
         quantity among the Member States under Community tariff quota
         arrangements .                        •
    b ) Article 91 of the abovement ioned Convention provides that the
        Convention ends on 1 March 1980 .    As Protocol No 7 forms an
        integral part of this Convention its provisions will only be
        valid until 29 February 1980 .    Consequently for the volume of the
        quota to be fixed for the period of 1 July 1979 to 29 February
        1980 , the pro rata temporis clause is applicable ( eight twelfths
        of the annual quota ).
        The current tariff quota opened for the goods in question in
        favour of the ACP States ends on 30 June 1979 .      It is necessary ,
        therefore, to open a corresponding tariff quota fo'r^period
        of 1 July 1979 to 29 February 1980 . "
 ---pagebreak---                                               - 2 -
  2 . Community imports of the goods concerned during the last three
       . years were as follows :                                                        "
                                                   - in hectolitres of pure alcohol
                                    1976           • 1977                1978
         Bénélux                 4,979          4,963                   6,218
          Denmark                3,349          1,942             -•    1,559
          Germany              19,666          20,169               < 30,566
          France                 5,233          5,802                   2,774
          Ireland                1,345          2,004                . 2,432
          Italy 1                   384              304                   343
                                                                    ι
          United Kingdom        85,474 .                               90,363
          EC                  120,430        stlOlUT..            . 134,255
         The quota volume to be taken into account on this basis for the
         period from 1 July 1979 to 29 February 1980 should be 117,404 hecto
          litres of pure alcohol ( eight twelfths of 176,106 ).
■'"..In this case , as an exceotion to the nnrma.l...ri.jle , provision is ""t
     • being made to divide the quota volume into two instalments one of
       which'ins't'itutes a reserve .""" Instead , a method of use of the quota ;
       is nrovided . for based on . an .a llocat ion in definitive shares        - – ■■
       amongst riember states .          •   .   '                                  .
         The calculation of these shares is based on the largest
         quantities imported annually into each Member State during                    \ -
         the three years referred to above , respecting , however , the        .'       ''
         two growth rates mentioned under , point 1 .. This method of -                    '
         calculation has already been used for the allocation of the            ' ' '
         tariff quota at present in force .                              .
4.       The annexed table shows in detail the amounts actually charged             / .
         against the tariff quotas in question ( periods-1975 / 76 / '
  ■      1976 / 77 and 1977 / 78 ).
5.       It is proposed that the draft for a Coun-ci I Regulation .
         described above should be approved ( see annex ).
 ---pagebreak---                                                      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 ACP States ( 197 WoU )
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113
thereof,
         *
Having regard to the proposal from the Commission,
Whereas under the ACP-EEC Convention of Lome
signed on 28 February 1975, and in particular under
Protocol 7 thereto, products originating in the ACP
States which fall within tariff subheading 22.09 C I
(rum, arrack ; tafia), shall, until the entry into force of
a common organization of the market in spirits, be
 imported into the Community free of customs duties
 under conditions such as to permit the development
 of traditional trade flows between the ACP States and
 the Community and between the Member States ;
 whereas the Community shall fix each year the quanti­
 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
 three years for which statistics are available, increased
 by an annual growth rate of 40 % on the market of
  the United Kingdom and 13 % on the other markets               v
  of the Community, these growth rates being based on
  foreseeable internal demand in each Member State
 Whereas Article 91 of the abovement ioned Convention
   provides for the expiry of that Convention on 1 March
   1980 ; whereas , since. Protocol No 7 forms an integral
   part of that Convention , its provisions are applicable
   only until 29 February 1980 ; whereas it follows that
   the pro rata temporis clause is applicable for fixing
   the volume of the Community tariff quota to be opened
   for the period 1 July 1979 to 29 February 1980 ;
     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
     for which statistics are available, the size of the tariff
     quota for the period 1 July 197 9 to 29 February 1980
     should be fixed at            hectolitres of pure alcohol ;
                          '117 404
 ---pagebreak---                                            - 2 -
Whereas it is in particular necessary to ensure to all
Community importers equal and uninterrupted access
to the abovemcntioned quota and uninterrupted
application of the rate 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 principles mentioned above, the
Community nature of the quota can be respected by
allocating the Community tariff quota among the
 Member States; whereas in this case the tar
 quota should be allocated amongst the
 Member States on the basis of the
 largest quantities imported annually
 into each of the Member State during
 the three last years and taking into
 account the abovementioned growth rates ;
 Whereas, owing to the special character of the
 products in question and their sensitivity on Commu­
 nity markets, exceptional provision should be made
 for a method of use based on a single division among
 Member States ;
  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 tk
   Kingdom of the Netherlands and the Grand Duchy of
   Luxembourg are united within and jointly represented
   by the Benelux Economic Union, any ™easur®
   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
                                      _February 1980 ,
    From 1 July 1979 until 29 /             rum, arrack and
    tafia falling within subheading 22.09 C 1 of the
     Common Customs Tariff, originating in the
     States, shall be imported duty free into the Commu­
     nity within the limits of a Community tariff quota of
  117 404 hectolitres of pure alcohol.
 ---pagebreak---                                                   - 3 -
                                               Article 2
       he Community tariff quota referred to in Article 1 shall be shared
     among the Member States . as follows ; the shares , which shall be valid
     until 29 February 1980, shall be as follows ( in hi ) •
                       Bénélux                    4  542
                       Denmark                     2 446
                       Germany                 _ 22  332
                       France                     4  238
                       Ireland                    1  777
                       Italy                         280
                      United Kingdom             81 789
                      Article 3
   ' • 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.
     • The Member States shall charge imports of the said
  goods against their shares as and when the goods are
  entered with the customs authorities for home use.
  3 . 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 2 .
 ---pagebreak---                           Article 4
1 . The Community shall monitor imports of the
 / products in question originating in the
             ACP States »
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 suanitted to the
customs authorities under cover of a declaration that
they are to be made available for home use and accom­
panied by a movement certificate EUR I
                                    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 .
                        Article   5
 The Member States and the Commission shall cooperate
  closely in order to ensure that this
   Regulation is complied with .
                        Article ' "
   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 thé Council
                                                                        The Président
 ---pagebreak---                                                         ACP - Rum - heading 22.09 C I
                                              Amounts actually charged against the tariff quota *
                                                opened for 1975 / 76 , 1976 / 77 and 1977/ 78
                              1975 / 76                                               1976 / 77
                                                                                                                      1977 / 78             1978/ 79
 Member State Volume of the    Amount     actually           ijVol-ume of the         Amount    actually   Volume of
                   quota             charcsed                'i      quota                                             Amount actually      Vo lurae
                                                                                           charged         tne quota         charged
                                                             h                                                                              of the
                                                             (                                                                              quota
                   hl           hl                 %         §          hl              ht           7.
Bene Lux                                                    li
                                                                                                         i
                                                                                                         i
                                                                                                           Ui           ■     hl     !    %       hl
                    3 500      3 ,500              100    * Il         4 827        4,827           100
                                                            a                                                 5 926         5 143      87       6 000
                                                            n
Denmark             2 Ç00      1943                  67                2 700
                                                            u                       2.115            78       4 , 000       1 577 .    39       3 896
                                                            n
Germany                                                     n
                  26 000     21  076              " 81      h        24 643        23  188           94      24 000-      20 956       87     24 706
                                                            u
                                                            y
France              6 000      6 000               100                12 . 051                               11 395        5 509       48       9 022
                                                            κ                       4 881            41
                                                            η
Ireland             1 000        839                84
                                                            u
                                                                                                              1 000            682     68       1 000
                                                            u          1.000           891           89
                                                            H
Ita ly                 600       201                35
                                                            ft
                                                                           550         216           39
                                                                                                                  658          295     45         424
                                                            li
United           123 . 000   62 676
                                                            n                                              126.030        83 337       66    116 957 '
                                                    49      l!      125 395        79 617            63
     Kingdom                                                Il
                                                            H
                                                            R
E.C.             163 - 000.  96 241                 57              171 , 166    1 15.735            68'   173 009      117 489        68   161 807
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