CELEX: 51993PC0244
Language: en
Date: 1993-06-04
Title: Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of a Community tariff quota for rum, tafia and arracl originating in the overseas countries and territories associated with the European Economic Community (OCT) (1993/94)

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                              COM(93) 244 final
                                              Brussels, 4 June 1993
                               Proposal for a
                          COUNCIL REGULATION (EEC)
  opening and providing for the administration of a Community tariff quota
     for rum, tafia and arrack originating in the overseas countries and
                       territories associated with the
                      European Economic Community (OCT)
                                   (1993/94)
                       (presented by the Commission)
 ---pagebreak---                                 EXPLANATORY  MEMORANDUM
        Annex V to Council Decision 91/482/EEC of 25 July 1991 stipulates that
         rum, tafia and arrack falling within CN codes 2208 40 10, 2208 40 90,
        2208 90 11 and 2208 90 19 and originating in the overseas countries
        associated with the EEC shall be imported into the Community free of
        customs duty within the limits of a tariff quota to be fixed annually
        by the Community.    The Annex further stipulates that for 1993 the
         reference figure for calculating the quota is the largest annual
        volume of imports into the Community from the OCT, expressed in
        hectolitres of pure alcohol, over the last three years for which
V        statistics are available.    For 1994 the quota will be equivalent to
         that for the previous year plus an additional      1 740 hi of pure
         a IcohoI.
        Because of the characteristics peculiar to the market        in rum, the
         quota period runs from 1 July to 30 June of the following year.
        Community imports of the goods concerned       in 1989, 1990 and 1991 were
         as fol lows:
                          (in hectolitres of pure alcohol)
                         1989         1990      1991
  Benelux                 0.33                   1 .20
  Denmark
  Germany               686                    36.67
  Greece
  Spain
  France
  I re I and
  Italy
  Portugal
  United Kingdom        440.16      519        51
  Total EC            1 126.49      519        88.87
 ---pagebreak---      On this basis, the quota for the period 1 July 1993 to 30 June 1994
     should be 1 809.28 hectolitres of pure alcohol. The method of
     calculation is as follows:
     300 hi (volume of imports during the second half of 1989) + 639.28 hi
     (50% of 1992/93 quota) + 870 hi (50% of 1740 hi).
     However, the volume of the annual quota cannot in any case be less
     than 15 000 hectolitres of pure alcohol.
3.   As regards the administration of the quota, it is proposed that the
     whole volume be allocated to a Community reserve to which all Member
     States will have access in accordance with the procedure laid down in
     Article 3 of the Regulation at annex.
     This is the purpose of the attached proposal.
ANNEXs 1 proposal for a regulation
 ---pagebreak---                      COUNCIL REGULATION (EEC) No      /93
                                Of
        opening and providing for the administration of a Community
             tariff quota for rum, tafia and arrack originating
               in the overseas countries and territories (OCT)
                associated to the European Economic Community
                                  (1993/1994)
THE COUNCIL OF THE EUROPEAN COMMUNITIES.
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Decision 91/482/EEC of 25 July 1991 on the
association of the overseas countries and territories with the European
Economic Community,1 and in particular Annex V thereto,
Having regard to the proposal from the Commission,
Whereas Annex V to Decision 91/482/EEC stipulates that rhum, tafia and
arrack are imported into the Community free of customs duties within the
limits of a Community tariff quota;
Whereas until 31 December 1995 the Community sets the quantities which may
be imported free of customs duties; whereas those quantities are set for
1993 on the basis of the largest annual quantities imported from the OCT
into the Community in the last three years for which statistics are
available; whereas for 1994 the volume of the quota will be equal to that
of the previous year increased by 1 740 hectolitres of pure alcohol;
Whereas, having regard to the levels reached by imports of the products
concerned into the Community during the past three years for which
statistics are available and as a result of the application of the method
of calculation in force from 1 January 1994, the annual quota volume for
the period from 1 July 1993 to 30 June 1994 should be 1 809.28 hectolitres
of pure a IcohoI ;
     OJ No L 263, 19.9.1991, p.1
 ---pagebreak---                                                                               s
Whereas, however, in application of Article 2(a) of Annex V to
Decision 91/482/EEC, the volume of the quota should be increased to 15 000
hectolitres of pure alcohol;
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
tho Momboi Statou until the quota in «xhau^tod. whoi uau the» dot.iMlon foi
the opening of tariff quotas in fulfilment of its internationaI obiigations
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, 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:
                                    Article 1
 1.    From 1 July 1993 to 30 June 1994 the following products originating in
       the OCT shall be imported into the Community free of customs duty
       within the limits of the relevant Community tariff quota shown below:
  or doi No   CN codo        Desci ipt ion        Quota VoIumo    Quo ta duty
                                                 (in hi of pure
                                                     a IcohoI
  09.1621   2208 40 10  Rum, tafia and arrack          15 000        Free
            2208 40 90
            2208 90 11
            2208 90 19
 ---pagebreak--- 2.    The rules of origin applicable to the products referred to in
      paragraph 1 shall be those laid down in Annex II to
      Decision 91/482/EEC.
                                  Article 2
The tariff quota referred to in Article 1 shall be administered by the
Commission, which may take ait appropriate administrative measures to
ensure the effective administration thereof.
                                  Article 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
voIume.
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 permits.
 If a Member State does not use the quantities drawn, it shall return them
to the quota as soon as possible.
 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.
 ---pagebreak---                                                                             *
                                  Art icle 5
The Member States and the Commission shall cooperate closely to ensure that
this Regulation is complied with.
                                  Art icle 6
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 1993.
This regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,
                                                    For the CounciI
                                                    The President
 ---pagebreak---                           FINANCIAL STATEMENT
1. Budget heading:   Chapter 12, Article 120
2* Legal basis:      Article 136 of the Treaty
3. Title of tariff measuret  Proposal for a Council Regulation opening
   and providing for the administration of a Community tariff quota for
   rum, tafia and arrack (CN codes 2208 40 10, 2208 40 90, 2208 90 11,
   2208 90 19) originating in the overseas countries and territories
   associated with the European Economic Community (OCT) (1993/1994)
4. Aim:    To implement an autonomous measure (Decision relating to the
   association of Overseas Countries and Territories to the EEC)
5. Method of calculation:
   CN codes: 2208 40 10, 2208 40 90, 2208 90 11, 2208 90 19
   Volume of the quota: 15 000 hi
   Duty to be applied: free
   Normal CCT duty:
      in containers holding 2 litres or less:    ECU l/hl/% vol alcohol
                                                 + ECU 5/hi
      in containers holding more than 2 litres: ECU l/hl/% vol alcohol
                                                 + ECU 5/hi
 ---pagebreak---                                                                          <5
6. Loss of revenue:
   The loss stands at ECU 1 504 725 for the period 1.7.1993 to 30.6.1994
   (containers holding 2 litres or less: 945 hi; containers holding more
   than 2 litres: 14 055 hi).
   For the period 1992/93 the loss stood at the same level.
   Method of calculation
   15 000 x  400  -      945 (< 2 I)
                             6 346
   15 000 X 5 946 -  14 055 (> 2 I)
                             6 346
                                      15 000
      945 x 105 -    99 225
   14 055 X 100 - 1 405 500
                              ECU  1 504 725
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(93) 244 final
                                                      DOCUMENTS
EN                                                                          lira
                                Catalogue number : CB-CO-93-274-EN-C
                                                             ISBN 92-77-56269-2
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