CELEX: 51983PC0161
Language: en
Date: 1983-03-29
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 (1983/1984) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 161
Vol. 1983/0045
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
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 ---pagebreak--- COMMISSION OF THE E U R O P E A N COMMUNITIES
                                                                     COM(83). 161         final
                                                                     B r u s s e l s , 29 March 1983
                                             Proposal for a
                                       COUNCIL.REGULATION.(EEC)
    o p e n i n g , a l l o c a t i n g and p r o v i d i n g for the a d m i n i s t r a t i o n of a
        Community t a r i f f           quota f o r    rum,    arrack and t a f i a      falling
      within       subheading 22.09 C I               of the Common Customs T a r i f f            and
           originating             i n the overseas c o u n t r i e s and         territories
      a s s o c i a t e d with the European Economic Community (1983/1984)
                      (submitted to the C o u n c i l by the Commission)
  COM(83)       161     final
 ---pagebreak---                           EXPLANATORY             MEMORANDUM
 1.     Annex IX of Decision 80/1186 of the Council of 16 December 1980 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 E E C shall be imported free of customs duty into the
       Community     within the     limits of    a tariff  quota, the  annual period of
       application of which shall be from 1 July to 30 June of the following year.
       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 three years
      for  which statistics are available. This basic amount is to be subject to a
      rate of growth of 18 96.
2.    The imports of the products in question during the last three years were as
      follows :
                               - in hi of pure alcohol -
                              1980           1981          1982
             Benelux             10            -
            Denmark              51            -            31
            Germany           55,625        52,261        43,488
            Greece
            France                -
            Ireland             100
            Italy                -
            United Kingdom       2            22            18
                             55,788         52,283        43,537
    It follows from these figures that the quantities relative to the year 1980
    should be taken as determining the annual basic amount. Having regard to
    the present overall position concerning the products in question the rate of
    growth applicable to the basic amount may be taken as 18%,
 ---pagebreak---                                      - 2 -
   In these circumstances, the volume of the Community tariff quota for the
   period from    1 July 1983   to  30 June    1984 should be fixed  at  65,8i0
   hectolitres of pure alcohol.
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.
   The allocation of the first instalment has to be determined by taking into
   account actual trends on the market in question, the needs of the Member
   States and economic prospect for the period under consideration.
   However, in this case, this principle cannot be applied completely. F o r ,
   during the past three years there       were no imports in certain Member
   States, and in other Member States they were insignificant. To allocate the
   quotas in question nevertheless, equitably among Member States, it appears
   desirable to provide for a significant share of the quota amount for each of
   the Member States.
4. 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 ( eee  annex).
 ---pagebreak---                                                  PROPOSAI. FOR A
                            C O U N C I L R E G U L A T I O N (EEC)
   opening, a l l o c a t i n g and p r o v i d i n g for the a d m i n i s t r a t i o n of a C o m m u n i t y tariff
   quota for r u m , arrack and tafia falling w i t h i n subheading 22.09 C I of the
   C o m m o n Customs Tariff and o r i g i n a t i n g i n the overseas countries and territo­
          ries associated with the European E c o n o m i c Community ' ( · ] 9 8 3 / 1 9 8 4 )
j.
                              THE COUNCIL OF T H E EUROPEAN
                               COMMUNITIES,
                               Having regard to the Treaty establishing the European
                               Economic Community, and in particular Article 136
                               thereof,
                               Having regard to Council Decision 80/1 186/EEC of
                               16 December 1980 on the association of the overseas
                               countries and territories with the European Economic
                               Community ('), and in particular Annex IX thereto.
                               Having regard to the proposal from the Commission,
                               Whereas Annex IX of Decision 80/1186/EEC
                                provides that rum, arrack and tafia shall be imported
                               into the Community free of customs duties within the
                                limits of a Community tariff quota; whereas the
                               annual size of the quota is to be fixeti on the basis of
                               a basic annual quantity, calculated in hectolitres of
                                pure alcohol, to which a growth rate of 18 % is to be
                                applied, equal to (lie amount of imports during the
                                best of the past three years for which statistics are
                                available ; whereas this rate may be modified in the
                                ligrtt of certain criteria ; whereas the quota period lasts
                                from 1 July until 30 June of the following year;
                                whereas this Community tariff quota should be
                                opened for the period I July W 3 to 30 June 198 4 .
                                Whereas Community statistics for the years !9/£>to
 ,                               198 2 show that the highest volume of imports into
                                the Community of the products in question origi­
                                nating in the said countries and territories, namely
                            55 788 hectolitres of pure alcohol, occurred in I9gfj;
                                whereas, in the light of consumption and production
                                within the Community and of the development of
                                trade both within the Community and between the
                                Community, the countries and territories and the ACP
                                States, the rate of growth for the quota period in ques­
                                tion may be fixed at 18 % ; whereas the Community
                                 tariff quota for the period I July i 983 to 10 (tine
                                 198 4 should therefore be fixed at                / hectolitres of
                                 pure alcohol ;                          6  5      g Q3
                                (') O J N o L 361, 31.    12. 1980, p. I
 ---pagebreak---                           - 2 -
  Whereas it is in particular necessary to ensure for all
  Community importers equal and uninterrrupted
  access     to    the   abovementioned        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 lias been used
  up; whereas, having regard to the above principles,
 the Community nature of the quota can be respected
 by allocating the Community tariff quoia among the
  Member States; whereas, in order to reflect as
 accurately as possible the actual trend of the market
 in the products in question, such allocation should be
 in proportion to the requirements of the Member
 States, calculated by reference to the statistics of each
 State's imports of the said products from OCT over a
 representative reference period and also to the
 economic outlook for the quota period in question;
  Wherew, during the past three years for which statis­
  tics are available, the corresponding imports by each
  of the Member States represent the following percen­
  tages of the imports into the Community from the
  countries in question of the products concerned ;
          Member States         1980      198'1      1982
 Benelux                       0.02        _              -
                                                       0.07
 Denmark                      0.09
                             99.70
                                           -
                                        99.96         99.89
 Germany
Greece                           -
                                          -
 France
                                 -
                              0.18
                                          -
 Ireland
                                          -
 Italy                                I   -
                                         0.04
 United   Kingdom
                              o.oi   i      .
                                                       0.16
Whereas, in view of these factors of market forecasts
for the products in question and of the estimates
submitted by certain Member States, initial quota
shares may be fixed approximately at the following
percentages :
         Benelux                     0 .08
         Denmark                     0 .16
         Germany                   99 .28
         Greece                      0 .08
         France                      0 08
         Ireland                     0. 08
         Italy                       0. 08
         United Kingdom              0. 16
 ---pagebreak---                            - 3 -
   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 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 9O % of the quota volume;
  Whereas the Member States' initial shares may be
  used up at different times; whereas, in order to take
  this fact into account and avoid any nreak in
  continuity, any Member State which has almost used
  up its initial share must 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 entirely 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 ol
 administration requires close cooperation between the
 Member States and—the Commission, and the
 Commission must be in a position to monitor the
 extent to which the quota volume has been used up
 and inform the Member States thereof;
 Whereas if, at a given date in the quota period, a
 considerable quantity is left over in any Member
 State, it is essential that that Member Stale- should
 return a significant proportion to the reserve u>
 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 united within and jointly
represented by the Benelux Economic Union, any
operation relating to the administration of the quota
shares allocated to that economic union may be
carried out by any one of its members,
 ---pagebreak---                                            -         4       -
             HAS A D O P T E D THIS R E G U L A T I O N :
                                           Article 1
             1.       From 1 July 1983 to 30 June 198 4 . u m , arrack
             and tafia falling within subheading 22.09 C I of the
             Common Customs Tariff and originating in the coun­
             tries and territories referred to in Article 1 of Decision
             80/1186/EEC shall be imported free of customs duty
             into the Community within the limits of a Commu­
             nity tariff quota of                         hectolitres of pure alcohol.
                                   65 830
             2.      The rules of origin applicable to the products
             referred to in paragraph I shall be those set out in
             Annex II of Decision 80/1186/EEC.
                                                          as i n d i c a t e d in A r t i c l e 2,
           3 . 'Within the limit of its share,/ the Hellenic
                 Republic shall apply customs duties calculated in
                 accordance with the relevant provisions of the 1979
                 Act of Accession and of C o u n c i l                           Decision
                81/5^/EEC            (1).
                                          Article 2
            1.      The Community tariff quota referred                              to in
            Article I shall be divided into two instalments.
           2.       A first instalment, amounting to 59 300
           hectolitres shall be shared among the Member States;
           the respective shares, which subject to Article 5 shall
           be valid until 30 June 19&'4 shall be as follows:
                                                 - ( i n hi of pure a l c o h o l . ) -
             —     Benelux:                                           50
             —     Denmark:                                        100
             —     Germany:                               58       850
             —     Greece:                                            50
             — France:                                                50
             — Ireland:                                              50
                  .efe^iy r......i .   1. . . . . . . . . m a — K i S - f l          •—WW•KnrafcWxCJE.:ii.
            — United Kingdom:                                      100
              3.      The second instalment of                              hectolitres shall
                                                               0
              constitute the reserve.                                   530
                                              Article 3
              1.      If 9 0 % or more of a Member State's initial
             share as specified in Article 2 (2), 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, to the extent permitted by the amount of
             the reserve.
(1) 0J nO L 53, 27.2.1982,                    p. 42.
 ---pagebreak---                                  -   5   -
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, 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 usee! up, 90 °/p
  or more_of the third share drawn by a Member State
 has been used up, that Member State shall, in
 accordance with the same conditions, 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 Commiision of its reasons for applying this
   paragraph.
                                 Article 4
      Additional shares drawn pursuant to Article 3 shall be
      valid until 30 June 198 4.
                                 Article 5
      The Member States shall return to the reserve, not
      later than 1 April 1984,the unused portion of their
      initial share which, on i5 March 198 4 is in excess of
      20 % of the initial volume. They may return a larger
      quantity if there are grounds for believing that this
      quantity may not be used.
      The Member States shall, not later than 1 April 1984,
       notify the Commission of the total quantities of thv
       said goods imported up to 15 March 198 4 inclusive
       and charged against the Community quota, and of
       any quantities of the initial shares returned to the
       reserve.
 ---pagebreak---                                 - 6 -
                         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 not.tied, 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 \9y of the amount in the reserve after
quantities have been returned pursuant to Article 5.
The Commission 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 which makes 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 shares of the Community quota.
2.      The Member States shall ensure that importers
of the said products                                  have
free access to the shares allocated to them.
 3.     The extent to which a Member State has used
 up its share shall be determined on the basis of the
 imports of the goods in question entered with the
 customs authorities for free circulation.
                          A rticle g
    1.    In accordance with Article 6 of Annex IX to
   Decision 80/1186/EEC, the Community shall monitor
    imports of the products in question originating in the
    said countries and territories.
    2.     Member States shall forward to tin. 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 entered at
    customs in declarations for free circulation and accom­
     panied by H 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 m i y be held at
     the request of a Member State or on the initiative of
     the Commission,
 ---pagebreak---                                              - 7 -
                                           Article 9
                   The Member States and the Commission shall
                   cooperate closely in order to ensure that this Regu­
                   lation is complied with.
                                          Article 10
                  This Regulation shall enter into force on                      <| j u [  y
                  1983.
This R e l a t i o n shdl be binding in    i u e n t i r e t y a n d d i r m ] y ^           J n ^      ^
Done at Brussels,
                                                                                        For the Council
                                                                                          The President