CELEX: 51975PC0160
Language: en
Date: 1975-04-16
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for the products falling within subheading No 22.09 CI of the Common Customs Tariff, originating in the ACP States (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 160
Vol. 1975/0063
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak--- COMMISSION OF THE EUROE3AN COMMUNUEBS
                                                     COM(75)160 final
                                                    Brussels , 16 Aprii 1975
                                   Proposal for a
                        REGULATION (EEC ) OF THE COUNCIL
             opening , allocating and providing for the administration of
             a Community tariff quota for the products falling within
              subheading No 22.09 CI of the Common Customs Tariff ,
                             originating in the ACP
                                        States
                   ( submitted to the Council "by the Commission)
   C0îî(75 ) 160 final
 ---pagebreak---                             EXPLANATORY MEMORANDUM
1 . Article 2(l ) of the Convention between the ACP States and the EEC
together with Protocol No 7 provides that the products falling within
subheading No 22.09 CI of the CCT ( rma , 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
annually 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 .
2.  Although the date of implementation of the Convention is not yet known ,
the exohange of letters between the parties at Lom£ on 28 February 1975
provides for' the autonomous advance implementation of this tariff measure
during the period 1 July 1975 to 29 February 1976 .    In order not to disturb
seasonal fluctuations in the trade in thass prodt-.cts it has however been
proposed that the application ef this meas -.re should be extended autonomously
to 30 June 1976 .
3.  In these circumstances the volume of imports for the period concerned
shall be 204 5°3 hectolitres of pure alcohol .
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 ,
4.  The proposal for a Regulation opening this tariff quota provides , as is
usual in this type of case , for the division of the quota volume into two
tranches , the first being allocated in shares amongst the Member States and
the second held as a reserve .   The first tranche shall be allocated on the
basis of the largest quantities imported annually into each Member State
during the last three years .
 ---pagebreak--- 5.  It is proposed that thei proposal for a Council Regulation opening the
Community tariff quota described above should be approved ^
Annex : 1 proposal for a Council Regulation (EEC ).
 ---pagebreak---                                  Proposal for a
                     REGULATION (EES ) OP THE COUNCIL
         opening, allocating and providing for the administration
         of a Community tariff quota for the products falling within
         subheading No 22.09 CI of the Common Customs Tariff ,
                         originating in the ACP States
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 the Convention between the ACP States and the European Economic
Community , signed on 28 February 1975 » provides in Article 2(1 ), together
with Protocol No 7 annexed thereto , that until the entry into force of a
common organization of the market in spirits , products falling within tariff
heading No 22.09 01 ( rum., arrack , .tafia), originating in the ACP States ,
shall be imported duty free into the Community 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 quantities 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 4055 on the market of the United .
Kingdom and 1 yfo on the other markets of the European Economic Community ;
whereas the exchange . of letters at Lom5 on 28 February 1975 relating to the .
advance implementation, of certain provisions of. the said Convention provides
in particular that the European Economic Community shall apply autonomously
between 1 July 1975 and 29 February 197^ the said. Protocol No 7 »              -
 ---pagebreak---                                         2
Whereas , however , in order not to cause disturbances in the seasonal
fluctuations peculiar to the trade , in these products.,, the first period of
application should "be extended to 30 June 1916',
Whereas imports of the products concerned during the lact three years for
which complete statistics are available were as follows :
                                            - in Jiectolitres of pure alcohol -
                                                  1971          1972         1973
Bénélux                                            982         1 852        2 420
Denmark                                          2 203         3 243        2 604 ..
Germany                                          7 896         8 904       10 493
Prance                                          12 291         5 249        5 397
Ireland                                      ,   1 300     -   1 900        3 100
Italy                                              231           416          496
united Kingdom                                  95 130       109 640      126 29Ο
TOTAL EC                                  ,    120 033       131 204    ' 150 800
Whereap , m these circumstances and applying the growth rates provided for
in Prptocol No 7 » the Community tariff quota for the-, period concerned shall '
be fixed at 204 503 hectolitres of pure alcohol ;
Whereas equal . and continuous aocess to the quota should be ensured for all
Community importers . and the rate of levy for the tariff quota should be
applied consistently to all imports of the product in question until the
quota is used up ;   whereas a Community tariff arrangement based on an
allocation between the Member States would seem to preserve the Community'
nature of the quota ;   whereas , to represent as closely a.s possible the
actual development of the market in the product in question , the allocation!
should follow proportionately the requirements of the Member States calculated
from both statistics of imports from the ACP States during a representative
reference period and the economic outlook for the tariff period in question ; ;
 ---pagebreak--- Whereas , however , in "this case the tariff quota should be allocated amongst
the Member States on the basis of the largest quantities imported annually
into the Community during the three years referred to above ;     whereas , in
these circumstances , the initial shares in the quota volume shall be as
follows :
Benelux            1»5                    Ireland                   2.0
Denmark            2.0                    Italy                     0„3
Germany            6.6                    United Kingdom           79»8
France             7.8
Whereas , to take account of future import trends in the various Member
States for the products concerned , each quota volume should be divided into
two tranches , the first being allocated amongst the Member States and the
second held as a reserve to cover at a later date the requirements of Member
States which have used up their initial share ;    whereas , to give importers
some certainty , the first tranche of each Community tariff quota could be
fixed at about JCifo of the quota volumes ;
Whereas the initial shares may be used up more or less quickly ;     whereas ,
therefore , to avoid disruption of supplies , any Member State which has
almost used up its initial share must draw a supplementary share from the
reserve ;  whereas this must be done by each Member State as each one of its
supplementary shares is almost used up , and as many times as the reserve
allows ;  whereas each initial and supplementary share must be valid until
the end of the quota period ;    whereas this form of administration requires
close collaboration between the Member States and the Commission , and the
Commission must be in a position to follow the extent to which the tariff
quotas have been used up and inform the Member States thereof ;
 ---pagebreak--- Whereas if , at a given date in the quota period , a considerable quantity of
the initial share is left over in a Member State , it is essential that eaoh ■
State should return a significant proportion to the reserve to " prevent a
part of the Community quota from remaining unused in one Member State when
it could be used in others ;
Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands and
the Grand Duchy of Luxembourg are jointly represented by the Benelux Economic
Union , any measure concerning the administration of the shares allocated to
that Economio Union may be carried out by any one of its members ;
 ---pagebreak---                                           - 5 -
    HAS ADOPTED THIS REGULATION :
                                                                                    /
  *
.
                                        Article 1
                                        α
£
         Prom 1 July 1975 until 30 June 197° rum , arrack and tafia falling within
    subheading No 22.09 CI of the Common Customs Tariff , originating in the
    AC? States , shall be imported duty free into the Community within the limits
    of a Community tariff quota of 204 503 hectolitres of pure alcohol .
    These products c:.ra considered as originating in the ACP States if they fulfil
    the conditions" laid down in Qouncil Regulation ( EEC)
                                        Article 2
    1.   A first tranche of 181 000 hectolitres of pure alcohol of the Community
    tariff quota referred to in Article 1 shall "be allocated among the Member
    States ;  the shares which , subject to Article 5 » shall be valid until the
    end of the period stipulated in Article 1 shall be as follows :
    Benelux 2 J60 hi of pure alcohol           Ireland            3 680 hi of pure alcohol
    Denmark 3 630 hi of pure alcohol           Italy                  56O hi of pure alcohol
    Germany 12 140 hi of pure alcohol          United Kingdom 146 830 hi of pure alcohol
    France   14 350 hi of pure alcohol
    2    A second tranche of 20 503 hectolitres of pure alcohol shall constitute
                :  (             .                             ' '• ■ •
    a reserve.'
                                          Article 3
                                                        .i      1
    1    If 90 70 or more of a Member State 's initial share as specified in Article
    2(1 ), or of that share minus the portion returned to the reserve where
    Article 5 is applied , has been used up , that Member State shall without
    delay, by notifying the Commission , draw a second share equal to 15$ of its
    initial share , rounded up where necessary to the next unit .
 ---pagebreak---                                          - 6 -
   2    If , after its initial share has been used up , SOfo or more of the seoond
   share drawn "by a Member State has been used up , that Member State shall , in
   accordance with the conditions impose^ by paragraph 1 , draw a third share ,
   equal to 7*5%      its initial share , rounded up where necessary to the next
   unit .
   3.   If , after its second share has been used up , 9<Jfo or more of the third
   share drawn by a Member State has been used up , that Member State shall ,
   in accordance with the same oonditions , draw a fourth share equal to the
   third
   This process shall continue to apply until the reserve is used up .
   4.   By way of derogation from paragraphs 1 to 3 , a Member State may draw
   shares lower than those fixed in those paragraphs if there are grounds for
   believing that they may not be used up .       It shall inform the Commission of
   its reasons for applying this paragraph*                ^
                                        Article 4        '
   Supplementary shares drawn pursuant to Article 3 shall be valid until
   30 June 1976 *
                                       Article 5
fhe Member States shall retura to the -reserve^ tnot lat^r than 1 April "£975 , tho
unuaod portion of their initial .share whicti^idn 15 'Kar«Ja 1975 , is in «so€s6" of
   20% of the initial amount . Thejit shali ,ye^u;r^ greater portion if there
   grounds for believing that it may not be used up .
   Member States shall ^ not later than 1 April 1976 notify the Commission of
                                            '•                       *
   the total quantities of the said goods imported up to and including 15, March
   1976 and charged against the Community tariff quota and any quantities of the
   initial share returned to the reserve .
 ---pagebreak---                                     - 7 -
                                  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 has been notified ,
inform each State of the extent to which the reserve has been used up .
It shall inform the Member States , not later than 5 April 197^1 of the
amorjit still in reserve after amounts have been returned thereto pursuant
to Article 5 *
It shall ensure that the drawing which uses up the reserve is limited to
the balance available and to this end shall specify the amount thereof to
the Member State making the last drawing.
                                  Article 7
1.   Member States shall take all measures necessary to ensure that supplementary
shares drawn pursuant to Article 3 are opened in such a way that imports may
be charged without interruption against their accumulated shares in the
Community quota.                      ,
2.  Member States shall ensure that ' importers of the said goods established
in their territory have free access to the shares allocated to them .
3.  Member States shall charge imports of the said goods against their
shares as and when such goods are entered for home use .
4»   The extent to which a Member State has used up its share shall be
determined on the basis of imports charged in accordance with paragraph 3-
 ---pagebreak---                                  Article 8
Member States shall inform the Commission at regular intervals of imports
actually charged against their shares ,                               •
                                 Article 9
The Member States and the Commission shall cooperate closely in order to
ensure that this Regulation is observed .
                                Article 10
This Regulation shall enter into force on 1 July . 1975 «
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,                                        for the Council
                                                           The President