CELEX: 51994PC0277
Language: en
Date: 1994-07-12
Title: Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of a Community tariff quota for rum, tafia and arrack originating in the African, Caribbean and Pacific States (ACP) (1994/95)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             C0M(94) 277 final
                                             Brussels, 12.07.1994
                                             94/0162 (ACC)
                                Proposal for a
                           COUNCIL REGULATION (EC)
 opening and providing for the administration of a Community tariff quota
    for rum, tafia and arrack originating in the African, Caribbean and
                            Pacific States (ACP)
                                  (1994/95)
                        (presented by the Commission)
 ---pagebreak---                          EXPLANATORY MEMORANDUM
1. Protocol No 6 annexed to the Fourth Lomé Convention, which was signed
   on 15.12.1989, stipulates that products falling within CN codes
   2208 40 10, 2208 40 90, 2208 90 11 and 2208 90 19 (rum, tafia and
   arrack) and originating in the ACP States shall be imported into the
   Community free of customs duty.
   These preferential arrangements apply only to a quantity to be fixed
   annually by the Community.
   Regarding the method of calculating the quota volume, this is set out
   in Article 2 of the said Protocol.
   By reason of the peculiarities inherent  in the rum market, the quota
   period is from 1 July to 30 June.
   For the quota period 1 July 1994 to 30 June 1995, the quota volume is
   equal to that of the preceding period increased by 20 000 hi.
   This increase contitutes a normal application of the protocol, without
   prejudice to the answer to be provided, to the question raised about
   this volume by the ACP countries on the basis of Article 2 C of
   Protocol No. 6 of the Lomé Convention.  This question will be examined
   in the context of the work and analyses to be performed with a view to
   abolishing quotas and of the reports on that matter.
   Consequently, the Commission reserves the possibility of amending this
   proposal at a suitable moment, after it has seen the conclusions
   arising from this examination.
2. Preferential arrangements should therefore be adopted in the form of a
   Community tariff quota for rum, tafia and arrack originating in the
   ACP states.
   This is the purpose of the attached Council proposal
                                        I -
 ---pagebreak---                        COUNCIL REGULATION (EC) No     /94
                                 Of
          opening and providing for the administration of a Community
               tariff quota for rum, tafia and arrack originating
               in the African, Caribbean and Pacific (ACP) States
                                  (1994 to 1995)
 THE COUNCIL OF THE EUROPEAN UNION,
 Having regard to the Treaty establishing the European Community, and in
 particular Article 113 thereof,
 Having regard to the proposal from the Commission,
 Whereas the Fourth ACP-EEC Convention entered into force on
 1 September 19911 ;
Whereas Protocol 6 thereof stipulates that products originating in the
African, Caribbean and Pacific (ACP) States which fall within CN codes
2208 40 10, 2208 40 90, 2208 90 11 and 2208 90 19 shall, until the entry
 into force of a common organization of the market in spirits, be allowed
 into the Community free of customs duties under conditions such as to
permit the development ot traditional traffic flows between the ACP States
and the Community and between the Member States; whereas the Community
shall until 31 December 1995 fix each year the quantities which may be
 imported free of customs duties ; whereas according to that protocol, more
the quota for 1994 and 1995 will be the same as that for the previous year
increased by 20 000 hectolitres of pure alcohol;
Whereas, the annual quota volume for the period from 1 July 1993 to
30 June 1994 has been fixed at 224 827 hectolitres of pure alcohol;
whereas this volume is to be increased by 10 000 hectolitres of pure
alcohol for the second semester of 1994 and of 10 000 hectolitres of pure
alcohol for the first semester of 1995; whereas the annual quota volume for
the period 1 July 1994 to 30 June 1995 has been fixed at 244 827
hectolitres of pure alcohol;
      0J No L 229, 17.8.1991, p.3.
                                              1 -
 ---pagebreak---                                       - 2 -
Whereas equal and continuous access to the said quota should be ensured for
all Community   importers and the rates laid down for the quotas should be
applied consistently to all   imports of the products in question  into all
 the Member States until the quota   is exhausted; whereas the decision for
 the opening of tariff quotas in fulfilment of its international obligations
should be taken by the Community; whereas, to ensure the efficient     common
administration of these quotas, however, there is no obstacle to
authorizing the Member States to draw from the quota volumes the necessary
quantities corresponding to actual    imports; whereas, however, this method
of administration requires close cooperation between the Member States and
the Commission and the latter must, in particular, be able to monitor the
rate at which the quotas are used up and inform the Member States
accordingly;
Whereas measures should be laid down to ensure that Protocol 6 is
 implemented 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, 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 concerning the administration of
the quotas may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION:
                                   Art icle 1
From 1 July 1994 to 30 June 1995 the following products originating     in the
ACP States shall be imported   into the Community free of customs duty within
the limits of the relevant Community tariff quota shown below:
                                          -k-
 ---pagebreak---                                      - 3 -
  Order No   CN code        Descr ipt ion       Quota Volume    Quota duty
                                               (in hi of pure
                                                   a IcohoI
  09.1605  2208 40 10  Rum, tafia and arrack       244 827         Free
           2208 40 90
           2208 90 11
           2208 90 19
                                   Article 2
The tariff quota referred to in Article 1 shall be administered by the
Commission, which may take all appropriate administrative measures to
ensure the effective administration thereof.
                                  Art icle 3
 If an importer presents in a Member State a declaration of entry for free
circulation together with a request for preferential treatment for a
product covered by this Regulation, and the declaration is accepted by the
customs authorities, the Member State concerned shall inform the Commission
and draw an amount corresponding to these requirements from the quota
volume.
Requests to draw from the quota, indicating the date of acceptance of the
said declarations, must be transmitted to the Commission without delay.
Drawings shall be granted by the Commission by reference to the date of
acceptance by the customs authorities of the Member State concerned, of the
declarations of entry for free circulation, provided the residual balance
so permi ts.
If a Member State does not use the quantities drawn, it shall return them
to the quota as soon as possible.
                                             5"-
 ---pagebreak---                                      - 4 -
 If the quantities requested are greater than the available balance of the
quota volume, allocation shall be made on a pro rata basis.      The Member
States shall be informed by the Commission of the drawings granted.
                                   Art icle 4
Each Member State shall ensure that importers of the products concerned
have equal and continuous access to the quota as long as the residual
balance so permits.
                                   Art icle 5
The Member States and the Commission shall cooperate closely to ensure that
this Regulation is complied with.
                                   Art icle 6
Council Regulation (EEC) No 3705/90 of 18 December 1990 on the safeguard
measures provided for in the Fourth ACP-EEC Convention1 shall apply to the
products covered by this Regulation.
                                   Art icle 7
This Regulation shall enter into force on the day following that of its
publication in the Official Journal of the European Communities.
It shall apply from 1 July 1994.
This regulation shall be binding in its entirety and directly applicable in
a I I Member States.
Done at
                                                For the Counc iI
                                                 The President
      0J No L 358, 21.12.1990, p.4
                                              -C
 ---pagebreak---                            FINANCIAL STATEMENT
1. Budget heading: Chapter 12, Article 120
2. Legal basis:     Article 113 of the Treaty
3. Title of tariff measure : Proposal for a Council Regulation opening
   and providing for the administration of a Community tariff quota for
   rum, tafia and arrack originating in the African, Caribbean and
   Pacific (ACP) States (1994/1995)
4. Aim:     To fulfil obligations imposed by agreements   (Fourth Lomé
   Convention)
5- Method of calculation:
   CN codes; 2208 40 10, 2208 40 ©0, 2208 90 11 , 2208 90 19
   Volume of the <pota: 244 827 hi of pure alcohol
                         (period 1*7.94-30.6.85}
   Duty to fce applied: free
   Normal CCT duty: - 1 ECU/hi/% vol + 5 €CU/*I << 2 J)
                     - 1 ECU/hi/% vol (> 2 I).
6. Loss of revenue:
   Estimate:   56 310 hi in containers holding 2 litres or less
              188 517 hi in containers holding more than 2 litres
   The loss stands at ECU 23 891 935.   For the previous period {1.7.1993
   to 30.6.1994) the loss stood at ECU 22 754 224.
                                         >    -
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(94) 277 final
                                                      DOCUMENTS
EN                                                                         1102
                                 Catalogue number : CB-CO-94-331-EN-C
                                                             ISBN 92-77-71706-8
Office for Official Publications of the European Communities
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