CELEX: 31978R1227
Language: en
Date: 1978-06-06 00:00:00
Title: Council Regulation (EEC) No 1227/78 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 ACP States (1978/79)

9 . 6 . 78                           Official Journal of the European Communities                           No L 153/3
                                    COUNCIL REGULATION (EEC) No 1227/78
                                                      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 ACP States ( 1978/79)
THE COUNCIL OF THE EUROPEAN                                     quota is exhausted ; whereas, in order to reflect as
COMMUNITIES,                                                    closely as possible the actual trends on the markets in
                                                                the products concerned, such allocation should be
                                                                made in accordance with the requirements of the
Having regard to the Treaty establishing the European           Member States ;
Economic Community, and in particular Article 113
thereof,                                                        Whereas measures should be laid down to ensure that
                                                                Protocol 7 is implemented under conditions such as
                                                                to permit the development of traditional trade flows
Having regard to the proposal from the Commission,              between the ACP States and the Community and
                                                                between the Member States ;
Whereas under the ACP-EEC Convention of Lome
signed on 28 February 1975, and in particular under             Whereas, owing to the special character of the
Protocol 7 thereto, products originating in the ACP             products in question and their sensitivity on Commu­
States which fall within tariff subheading 22.09 C I            nity markets, exceptional provision should be made
(rum, arrack ; tafia), shall, until the entry into force of     for a method of use based on a single division among
                                                                Member States ;
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              Whereas, since the Kingdom of Belgium, the
of traditional trade flows between the ACP States and           Kingdom of the Netherlands and the Grand Duchy of
the Community and between the Member States ;                   Luxembourg are united within and jointly represented
whereas the Community shall fix each year the quanti­           by the Benelux Economic Union, any measure
ties which may be imported free of customs duties on            concerning the administration of the share allocated
the basis of the largest quantities imported annually           to that economic union may be carried out by any
from the ACP States into the Community in the last              one of its members,
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
of the Community, these growth rates being based on
foreseeable internal demand in each Member State ;              HAS ADOPTED THIS REGULATION :
Whereas, having regard to the levels reached by                                         Article 1
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      From 1 July 1978 until 30 June 1979 rum, arrack and
quota for the period 1 July 1978 to 30 June 1979                tafia falling within subheading 22.09 C I of the
should be fixed at 161 807 hectolitres of pure alcohol ;        Common Customs Tariff, originating in the ACP
                                                                States, shall be imported duty free into the Commu­
                                                                nity within the limits of a Community tariff quota of
Whereas the above principles also apply to the alloca­          161 807 hectolitres of pure alcohol.
tion of the tariff quota ;
                                                                                       Article 2
Whereas it seems likely that arrangements for using
the Community tariff quota based on allocation
between the United Kingdom and the other Member                 1.    The tariff quota referred to in Article 1 shall be
States would reconcile the application of the growth            divided into two instalments The first instalment, of
rates provided for in Protocol 7 with the uninter­              116 957 hectolitres of pure alcohol, shall be for
rupted application of the duty-free entry arrangements          United Kingdom consumption. The second instal­
in respect of the said quota to all imports of the              ment, of 44 850 hectolitres of pure alcohol, shall be
products concerned into the Member States until the             allocated among the other Member States.
 ---pagebreak--- No L 153/4                         Official Journal of the European Communities                              9 . 6 . 78
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
                               (hi of pure alcohol)            1 and 2 are restricted to those meeting its domestic
        Benelux :                      6 000
                                                               consumption requirements.
        Denmark :                      3 698                   3 . The Commission shall regularly inform the
        Germany :                     24 706                   Member States of the extent to which the tariff quota
        France :                       9 022                   has been used up.
        Ireland :                      1 000
                                                               4. Where necessary, consultations may be held at
        Italy :                          424
                                                               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
2.    The extent to which the Member States have               the implementation of this Regulation.
used up their shares shall be determined on the basis
of the imports of the products in question, originating                               Article 6
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 ( 1) 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 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
                                                               0) OJ No L 18, 27. 1 . 1976, p. 1 .