CELEX: 51980PC0266
Language: en
Date: 1980-05-22
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 ACP States (1980/81) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 266
Vol. 1980/0101
 ---pagebreak--- Disclaimer
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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
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(80)266 final
                                                   Brussels , 22 May 1980
                             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 ACP States
                                ( 1980 / 81 )
             ( submitted to the Council by the Commission )
 ---pagebreak---              E X PL A N A T 0 R Y        REMORA NO U M
 m       A new Convention between the EEC and the ACP States
       ( Lom6 II)' was signed on . 31 dctober 1979 . It was to         • - i
    replace on 1 March 1980 the Convention of Lome I which
 7 expired on ,29 February 1980 . The date on which this new              '1
    Convention wilt enter into force has teeri delayed                  ' \r
    because it has - to^ be ratified by the participating States .           v
     Inspite of this situation the Community intends to maintain the
    commercial relations with the ACP States . To avoid disrupting the
     trade flow certain provisions of this convention/ especially those
    of Protocol No 5 , Should therefore be applied autonomously and by
                             i               .
    anticipation . ■       '
              ;              ^         '             -
2 . This Protocol              providesthat the products, falling within
    '.subheading No 22.09*C I of the bCT (rutP/ arrack^ tafia ) ,
    Originating -in the ACP" States," shall be imported duty free into;
       the "Community. These preferential arrangements a're restricted • .j
     ! to a quantity which is to be fixed annually by the Community .j
       on the' basis of the largest quantities imported annually                j
      Wf.om the ACP States -during the last three years for which              j
      'statistics are avaUable/ increased by Mrtairv ^nnual growth ; v |
       Tat eS ,                                                                .1
3 . ~ The preferential system in question should therefore be put into?
       I , force and a Community tariff quota, should be opened for . ru?j,       |
       \ arrack and tafia originating in the ACP States .? Because there
            has already been taken an identical measure * until 30 June 1980
            this tariff quota Should be opened for the period 1 July 1980 to
            30 June 1981 .       5
 ---pagebreak---                                                   - 2 -
  If. Community imports of the goods "concerned "during " the
   T                                                               i        '
   '     last three years were as follows :
                                            " in hectolitres of pure alcohol - ,
                                          >■..            1977          .        1978 '      . 1979
     - Bénélux                   ^       {               4 963 ■                 6 218         ^ 897
         Denmark                        ; .              1 942                    1 559 *      1 661
        Germany          . t             I              20 169    . '•          30 566      24 587
         France       .                   :              5 802        '           2 774        2 899
         Ireland              .'                         2 004                   .2 432        2 337
         Italy '                ^^v                        304            '         343             474
         United Kingdom     f                   '       74 958   ,              90 363      94 778
         EC               ,            - .             110 142                134 255     131 633
        The quota volume to be taken into account on this . basis                                j
         for the period            1' July 1980 to 30 . June /1 98.1 should                      |
        be I       - hectolitres of pure alcohol a ►                                             j
        178 loo
       ' ' '     '
                              1      '                                                ,
                                                                                                |j
 /win this case , as an exception to the normal rule , provision '
  ; - is not being made to .divide the quota volume into two                                    j
        instalments one of which institutes a reserve . Instead, a                               \
  ;;    method of use of the quota is provided for based on an                                    j
  v ! allocation in definitive shares amongst Member States .
        The calculation of these shares' is based on the imports of the
        products in question from ACP States ' during the previous three
        years , 1977 , 1978 , 1979 and the economic outlook for the period
        in question, respecting, however, the growth rates mentioned
        under point 1 .
 b. The annexed' table shows in detail the amounts actually charged,
        against the tariff quotas in question ( periods C 1977/78 , 1978 /79
■■ and 1979 /80).                    \                                         '           . 'j     ,1.
                                                                                                      I
 T It is proposed that the draft for a Council Regulation                                             j
                                                                                                      1
        described above should be approved ( see annex ).                                         'j
 ---pagebreak---                                    .        ACP - Rum - heading 22.09 C I                      '    •
                              ! Amounts actually charged against 'the tariff quotac .
                                  ^opened foQ 1977/78, 1978 /79 and 1979 /80
                 1977 / 78                                   1978 / 79                                  1979 until February 1980
 Member State  Volume of               Amount actually    Volume of                Amount actually        Volume of         Amount actually
 >
              the quota                    charged        the ouota                       charged         the quota             charged
                v   hl      •        hi     t   X   .         hl -              hi          i    Y.   ■       hl         hi          X
Bénélux          5 926            5 143        87            6 000            5" 2U            97          4 542        3 683         S1
Oenmark       .  4 000 .          1 577        39            3 ,698          1 448             39          2 446          645         26
Germany .       24 000           20 956        87          24 706         24 706              100 '       22 332       17 826
France          11 395            5 509        48            9 022       ' 3 551               39          4 238
Ireland          1. 000 ...    ,     , 682     68           .1 dook          ; 4§2             49          1 777
Italy               658           . 295 '      45               424                424        100            280
United v.                                                                  '   1 -  ' ' '
   Kingdom    126 030            83 337        66'        116 957       103 872                89         81 789          HT           if
E.C.          173 009          117 489         68         161 807       140 309                87        117 404
 ---pagebreak---                                                     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 Custom* Tariff
                                    and originating in the ACP States   ( 1980 /81 )
  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 on 31 October 1979 a Convention was signed between the European
   Economic Community and the African, Caribbean and Pacific States;
  whereas , pending the entry into force of that Convention, it is
  appropriate to apply in advance for the period 1 July 1980 to 30 June 1981
  the provisions of Protocol 5 to the Convention ;
                     whereas that Protocol provides that,
  until the entry into force of a common organization of       "
  the market in spirits, products of subheading 22.09 CI
  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 each year fix the quantities which may be
  imported free of customs duties on the basis of the        '
  largest quantities imported anually from the A€P 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
  18 % on the other markets of the Community?
   Whereas the levels reached by imports of the products
    concerned into the Community and the Member States
   during the last three years for which statistics are
   available should be taken into consideration; whereas, therefore, the volume of the
   tariff quota for the period 1 July 1980 to 30 June 1981 should be
   fixed at 178 300 hectolitres of pure alcohol ;
                                                                                                • • • 9 • • «
 ---pagebreak---                                           ry                                    -.
                                                          • / ■•           X.: v '
                                                       - 2 -            . .    \. .:
                                                                                   •* Y.                  •
                                                                                     - . ix
    Whereas it is in particular necessary to ensure to all                                      "V                          ^
    Community importers equal and uninterrupted access                                              "*>• s
    to the abovementioned quota and uninterrupted                                                           ,v                ,
    application of the rate laid down for that quota to , all                                                  Vv               <
    imports of the products concerned into all Member                                                             i«x
    States until the quota has been used up; whereas, having                                                        ; ^           \ j'
    regard to the principles mentioned above, the "                                                     '                          V ^
    Community nature of the quota can be respected by                        -                                       ^ i
    allocating the Community tariff quota among the                   .
    Member States; whereas to reflect as accurately as -                                    1
    possible the true 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 imports from the Countries in question OVeP a
    representative period and also to the economic outlook
 * for the quota period concerned;
                                                                  ■'                              ,
              \              ' '                       '         '1 ,                                                   •;
                                                                                                                          !
' Whereas, during the last three years for which statistics
    are available, the corresponding imports by each of the
    Member States represent the following percentages of                . v-
    the imports into the Community from the countries in question of the
    products concerned:                                                                                                  i
                Member Stata          197 7       19*8     1979
    Benelux                           4.5          4.6      3.7
    Denmark                           1.9       . 1.2       1.3
    Germany .       '               18.3         22.8      18.7
    France                            5.3         2.0       2.2
    Ireland                           1.8          1.8      1.8
    Italy                             0.2         0.3       0.3
    United Kingdom                  68.0 -      67.3       72.0
    Whereas, in view of these factors, of market forecasts
    for the products in question and in particular of the
    estimates submitted by certain Member States, initial
    quota shares may be fixed approximately at the
    following percentages:
  ;       Bénélux                             4.28
          Denmark                   i   '     1 . 37
          Germany                            20 • 03
          France                              3.05
          Ireland                *v           1.80
          Italy                               0.30
          United Kingdont                    69 . 1 7;
                                                                                                 • • • / tai
 ---pagebreak---                                                                                          • Jà                %
                                                             –3            ■ .«   1 „                 i'           4^
                                          α                                                              ι         ■ ··'
                Whereas, owing to the sj*ecial character of the products                                       J
                in question and their sensitivity on Community .                                            if
                markets, exceptional provision should be made for a                           . '     . K
                method of use based on a single division among                                             Jf
                Member States;            Sl                                                             1
                Whereas, since the Kimgdom of Belgium, the Kingdom       *
                of the Netherlands and the Grand Duchy of                                           • »>.., a
               Luxembourg are jointly represented by the Benelux                                  ' '            *. 7
              Economic Union, any measure concerning the
              administration of the share allocated to that economic
              union may be carried out by any one of its members.
                                          a.
              HAS ADOPTED THIS REGULATION:
                                            <
                                        Article 1
             Fro. 1 July 1980 until 30 June 1981 , rua, arrack Md
             tafia, falling within subheading 22.09 C I of the
             Common Customs Tariff: and originating in the ACP
             States, shall be imported duty-free into the Community
             within the limits of a Community tariff quota of 1 7R THD
             hectolitres of pure alcohol.
                                                 Artic t e 2 r
      !•      '                           l
           •                              i.
     ; Tbe Community tariff . quota refeVred to in Article Y shall ^ 1
    jbe shared among the Member States ;• the shares, '                         •
   |Which               sha be valid until 30 June 1981/ shall' be a8 follows.
         ( in hi of pure alcohol )                                                        •
                "   ■ ■  ■-               c
                               Bénélux *         .    .1     7 631
                               Denmark
 !.*< •
                                                        I    2 443
 r.,-                    • Germany j" ,            ; v| 35 714
 t'v~                      ■■ France ' ■ !■■■'       - I    -
                                          (
                                                            5 438
     .■                        Ireland
                  '                       t                 3 209
[n -                         ' Italy.-. !                      535
                               United Kingdom ■-          123 330 .
                                         )
                                          c
                                         «
                                                                                   • • •
                                         0
                                         i:
 ---pagebreak---                                                        - 4 -
                                          .. Article 3
                                                                 4 ν·.· . ' · ' 1
       ^ ' • The Member States shall ensure that importers of * .                    j
       Mhe products in question established in their territory , ,                  |
       r have free access to the shares allocated to thenv                  ■       I|
                                                                              :  . .ί
      t       The Member States shall charge imports of the said . ■               '1
      f goods against their shares as and when the goods, are j , ■ ,
      [• entered with the customs authorities for . ;• » c2 CITCUla 1 /
      I'                                                  '   ' ■ ■ ^ •- •' . ' < ; j
      f 3 - The extent to which a Member State has used up its                  "-M
         share shall be determined on the basis of the imports ^ ^ ; J
          charged in accordance with paragraph                                      |
                                  Article 4
       1 -1 . Member States shall forward to the Commission,                           '■     ' >■    ,           ■ ']
. . i not later than the I5tli day of each month, statements ■-, ! {,                     ;                            j
       'of imports of the products in question effected during v, . v                         4 1-              ■  ' >
seiche preceding month . Only products _ entered , with ; customs authorities j
   }■' for free circulation - rand accom- , ! " S- / >                                                    ! ' r: ' 1•. 't
    [ panied by a movement certificate EUR 1 ,                    ;. r\                                 *' . –         |
                                    ■         shall be taken into       •                   /."/ '* , \
    t'consiai ration for -this purpose.      .■    ^
           2 m The Commission shall regularly inform the Member
           States of the extent to which the tariff quota has been
           used up.
           3 . Where necessary, consultations may be held at the
           request of a Member State or on the initiative of the
           Commission.
                                  Article S
           The Commission shall take all necessary measures, in
           close cooperation with the Member States, to ensure the
           implementation of this Regulation.
                                   Article 6
             This Regulation shall enter into force
             on 1 July 1980 .                                             i
                                                                                                              •••/•••
     • I
 ---pagebreak--- This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
                                '                                     For the Council
                              <>.■■■                                   The President