CELEX: 31978R1228
Language: en
Date: 1978-06-06 00:00:00
Title: Council Regulation (EEC) No 1228/78 of 6 June 1978 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 (1978/79)

9 . 6. 78                           Official Journal of the European Communities                            No L 153/5
                                  COUNCIL REGULATION (EEC) No 1228/78
                                                    of 6 June 1978
              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 ( 1978/79)
THE COUNCIL OF THE EUROPEAN                                   nity markets, exceptional provision should be made
COMMUNITIES,                                                  for a method of use based on a single division among
                                                              Member States ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 136             Whereas, taking into account actual trends on the
thereof,                                                      markets for the products in question, the needs of the
                                                              Member States and the economic prospects for the
Having regard to Council Decision 76/ 198/EEC of 9
                                                              period under consideration , the initial percentage
                                                              shares in the quota volume could be as follows :
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                       Benelux :                             5.80
overseas countries and territories associated with the                 Denmark :                             0.23
European Economic Community (J),                                       Germany :                            93.80
                                                                       France :                              0.01
                                                                       Ireland :                             0.01
Having regard to the proposal from the Commission,                     Italy :                               001
                                                                       United Kingdom :                      0.14
Whereas Decision 76/ 198/EEC stipulates that rum,
arrack and tafia shall be imported into the Commu­            Whereas the development of 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 size of           imports should accordingly be monitored ;
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      Whereas, since the Kingdom of Belgium, the
growth of 13 % is to be applied, equal to the amount          Kingdom of the Netherlands and the Grand Duchy of
of imports during the best of the last three years for        Luxembourg are united within and jointly represented
which statistics are available ; whereas this rate may be     by the Benelux Economic Union, any measure
modified in the light of certain criteria ;                   concerning the administration of the share allocated
                                                              to that economic union may be carried out by any
                                                              one of its members,
Whereas Community statistics for the years 1975 to
1977 show that the highest volume of imports into
the Community of the products in question origi­              HAS ADOPTED THIS REGULATION :
nating in the said countries and territories occurred in
1975, namely 63 337 hectolitres of pure alcohol ;
whereas, in the light of consumption and production
within the Community and of the development of                                         Article 1
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        1.    From 1 July 1978 until 30 June 1979 rum,
question should be 13 % ;
                                                              arrack and tafia falling within subheading 22.09 C I of
                                                              the Common Customs Tariff, originating in the coun­
Whereas the size of the quota for the period 1 July           tries and territories referred to in Article 1 of Decision
1978 to 30 June 1979 should therefore be fixed at             76/ 198 / EEC, shall be imported free of customs duty
71 571 hectolitres of pure alcohol ;                          into the Community within the limits of a Commu­
                                                              nity tariff quota of 71 571 hectolitres of pure alcohol .
Whereas, owing to the special character of the
products in question and their sensitivity on Commu           2. The rules of origin applicable to the products
                                                              referred to in paragraph 1 shall be those mentioned in
>) OJ No L 37, 12. 2. 1976, p. 24.                            Article 5 of Decision 76/ 198 / EEC .
 ---pagebreak--- No L 153/6                         Official Journal of the European Communities                              9 . 6. 78
                        Article 2                             in question originating in the said countries and terri­
                                                              tories.
The Community tariff quota referred to in Article 1
shall be allocated amongst the Member States as               2.    Member States shall forward to the Commission,
follows :                                                     not later than the 15th day of each month, statements
                               (hi of pure alcohol)           of imports of the products in question effected during
       Benelux :                       4 160
                                                              the preceding month ; only products submitted to the
                                                              customs authorities under cover of a declaration that
       Denmark :                         150
                                                              they are to be made available for home use and accom­
       Germany :                      67 137
                                                              panied by a movement certificate conforming to the
       France :                            8
       Ireland :                           8
                                                              rules referred to in Article 1 (2) shall be taken into
                                                              consideration for this purpose.
       Italy :                             8
       United Kingdom :                  100                  3. The Commission shall regularly inform the
                                                              Member States of the extent to which the tariff quota
                        Article 3                             has been used up.
                                                              4. Where necessary, consultations may be held at
1 . Member States shall manage the shares allocated
to them in accordance with their own arrangements.            the request of a Member State or on the initiative of
                                                              the Commission .
2.    The extent to which the Member States have
used up their shares shall be determined on the basis                                Article 5
of the imports of the products in question, originating
in the said countries and territories, declared at            The Commission shall take all necessary measures, in
customs for clearance for home use .                          close cooperation with the Member States, to ensure
                                                              the implementation of this Regulation.
                        Article 4
                                                                                     Article 6
In accordance with Article 6 of Decision 76/ 198/EEC,
the Community shall monitor imports of the products           This Regulation shall enter into force on 1 July 1978 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Luxembourg, 6 June 1978 .
                                                                          For the Council
                                                                            The President
                                                                          K. B. ANDERSEN