CELEX: 51977PC0182
Language: en
Date: 1977-05-18
Title: Proposal for a COUNCIL REGULATION (EEC) on the opening, allocation and 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 Communities (1977/78) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 182
Vol. 1977/0073
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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 EUROPEAN COMMUNITIES
                                                 COM(77)182 final
                                                 Brussels, 18 May 1977
                                 Proposal for a
                               COUNCIL REGULATION (EEC)
                   on the opening, allocation and 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 over­
                   seas countries and territories associated with the
                        European Economic Communities ( 1977/78)
                   ( submitted to the Council "by the Commission)
CCM(77 ) 182 final
                             /
 ---pagebreak---                     EXPLANATORY MEMORANDUM
1.  Decision No 76 / 198 /EEC of the Council dated 9.2.1976 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 EEC shall be imported free of customs duty into
     the Community within the limits of a tariff quota for which the quota
    period shall be from 1 July to 30 June .
1.1 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
    years for which statistics are available . This basic amount is to be
     subject to a rate of growth of 13% . This rate may be modified each
    year , either upwards or downwards ,- in the -light, of certain criteria .
1.2 The annual tariff quota is to be shared among the Member States taking
     in account actual trends on the markets , the needs of the Member
     States and the economic prospects for the period concerned .
                                                                          Convention
2.  Since some of these OCT ( particularly Surinam ) have acceded to the Lom6 /
    im ports of the products in question             during the last three
     years were as follows :
                           - m hi of pure alcohol
                                1974           1975         1976
     Bénélux                       4            100       3,903 L ;
     Denmark                     152            137        '   2
     Germany                  14,932         63.088      48.187 I
     France
     Ireland                      13              7           37 P
     Italy                         6              5            5
                                                                 Ι»·»·
     United Kingdom                                            1 iJ
                                  07        63.337       52.135 U
 ---pagebreak---                          2
2.1 It follows from these figures that the quantities relative to the year
    1975 should be taken as determining the annual basic amount .
    Having regard to the present over-all position concerning the products
    in question the rate of growth applicable to the basic amount may be
    taken as 13% .
2.2 In these circumstances , the volume of the Community tariff quota for
    the period from 1 July 1977 to 30 June 1978 should be fixed as 71^ 571
    hectolitres of pure alcohol .
                           r
2.3 The Regulation provide , in the usual way / for the splitting up of
    the tariff volume into two parts , of which jthe first will be
    allocated among the Member States as quota shares and the seconds
    will be kept as a reserve .       ^
                             i
3.  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 .
 ---pagebreak---                                                 Proposal for a
                                         COUNCIL REGULATION (F.EC),
                  on the opening, allocation and 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 associ­
                                 ated with the European Economic Community ( 197 7/ 78 )
    THE COUNCIL OF THE EUROPEAN
    COMMUNITIES,
    Having regard to the Treaty establishing the European
    Economic Community, and in particular Article 136            Whereas, taking into account actual trends on the
    thereof.                                                     markets for the products in question, the needs of the
                                                                 Member States and the economic prospects for the
    Having regard to Council Decision 76/ 198/EEC of 9
                                                                 period under consideration, the initial percentage
                                                                 shares in the quota volume could be as follows :
    February 1976 on import arrangements for rum ,
   arrack and tafia falling within subheading 22.09 C I of              Bénélux                             5,80
    the Common Customs Tariff and originating in the                    Denmark                             0.23
   overseas countries and territories associated with the
                                                                        Germany                          93.80
    European Economic Community ( ' ), '                                France                              0.01
                                                                        Ireland                             0.0 ]
                                                                        Italy                               0.01
    Having regard to the proposal from the Commission,
                                                                        United Kingdom                     0.14
   Whereas Decision 76/ 198/ EEC stipulates that rum,         Whereas, to take account of future import trends in
   arrack and tafia shall be imported into the Commu­         the various Member States of the product under
   nity free of customs duties within the limits of a         consideration, the total quota volume should be
   Community tariff quota ; whereas the annual size of        divided into two instalments, the 'first being shared
   the quota for the period 1 July to 30 June is to be         among the Member States and the second held as
   fixed on the basis of a basic annual quantity, calcu­       a reserve to cover at a later date the requirements
   lated in hectolitres of pure alcohol , to which a rate of   of those Member States having used up their initial
  growth of 13 % is to be applied, equal to the amount         share; whereas to give Member State importers some
   of imports during the best of the last three years for      certainty, the first of the Community quota might be
  which statistics are available ; whereas this rate may be    fixed at 90% of the quota volume;
   modified in the light of certain criteria ;
                                                               Whereas the initial shares of Member States may be
  Whereas Community statistics for the years 1974 to           used up more or 'less quickly; whereas, therefore, to
   1976 show that the highest volume of imports into           avoid disruption of supplies any Member State which
   the Community of the products in question origi­            has almost used up its initial share, must draw a
   nating in the said countries and territories occurred in
                                                               supplementary share from the reserve; whereas this
   1975, namely 63^ 337hectolitres of pure alcohol ;         . must be done by each Member State as each one of
  whereas in the light of consumption and production           its supplementary shares is almost used up, and as
  within the Community and of the development of               many times as the reserve allows ; whereas the initial
  trade both within the Community and between the
  Community, the said countries and territories and the
                                                               and supplementary shares must be valid until the
  ACP States, the rate of growth for the quota period in
                                                               end of the quota period; whereas this form of
  question should be 13% ;
                                                               administration requires close collaboration between
                                                               the Member States and the Commission, -and the
                                                               Commission must be in a position to follow the
  Whereas the size of the quota for the period 1 July          extent to which the quota volume has been used
   1977 to 30 June 197 8 should therefore be fixed at          up and inform the Member States thereof;
71 , 571 hectolitres of pure alcohol ;
                                                              Whereas i^, 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 each
                                                              State should return a significant proportion to the
                                                              reserve to prevent a part of the Community quota
  ( ' ) OJ No L .57, 12. 2. 1976, p. 24.                      from remaining unused in one Member State while
                                                              it could be used in others;                  '      •  ...
 ---pagebreak---                              -2-
Whereas the development of imparts into the
Community of these products should be recorded and
imports should accordingly be monitored ;
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 admin­
istration of the share allocated to that economic union
may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION :
                         Article 1
  1.    From 1 July 197f until 30 June 1975 rum, ,
arrack and tafia falling within subheading 22.09 C I of
 the Common Customs Tariff and originating in the
 countries and territories referred to in Article 1 of      ;
  Decision 76/ 198/ EEC shall be imported free of ;
 customs duty into the Community within the limits
 of a Community tariff quota of71 , 571hect0''tres of .'f
  pure alcohol .                    ...
  2. The rules of origin applicable to the products
  referred to in paragraph 1 shall be those mentioned in
 Article 5 of Decision 76/ 198 / EEC.                      ,i
                         Article 2                       -
  1 . A first instalment, amounting to 64,414 hi
;       of the Community tariff quota referred to in
  Article 1 , shall be allocated among the Member .
  States ; the respective shares, which subject to
  Article 5 shall be valid until 30 June 1978, 'j
  shall be as follows :
                                ( hectolitres of pure alcohol )
Bénélux                      3,724
Denmark                         144
Germany                     60,435
 France                             7
Ireland                             7
Italy                               7
United Kingdom                    90 .
2 . The second instalment of 7,157 hi shall
constituted the reserve .
 ---pagebreak---                           Article 3
 1 . If 90% or more of the initial share of a Member
 State laid down in Article 2 ( 1 ), or 90% of that share
 less the amount returned into the reserve where the
 provisions of Article 5 have been applied, has been
 exhausted, that Member State shall proceed without
 delay, by notifying the Commission, to draw a
  second s'hare, equal to 15% of its initial share,
  rounded up to the next unit.
 2. If, after its initial share has been exhausted, 90%
  or more of the second share drawn up by a Member
 State has been used, that Member State shall proceed,
 in accordance with the conditions laid down in
 paragraph 1 , to draw a third share, equal to 7-5% of
 its initial share, rounded up to the next unit where
 appropriate, to the extent that the reserve is sufficient.
 3. If, after its second s'hare has been exhausted, 90%
 or more of the third share drawn by a Member State
 has been used, that Member State shall proceed in
 the same way to draw a fourth share equal to the
 third .
 This process shall be applied until the reserve is
 exhausted.
 4. Notwithstanding paragraphs 1 , 2 and 3, the
 Member States may proceed to draw shares smaller
 than those fixed in those paragraphs if there is reason
 to believe that they might not be used up. They shall
 inform the Commission of the reasons which led
 them to apply this paragraph.
                          Article 4
Each of the additional shares drawn pursuant to
 Article 3 shall be valid until   30 June 1978 .
                          Article S
The Member States shall return to the reserve, not
later than 1 April 1978, the unused portion of
their initial share which, on 15 March        1978, is in
excess of 20% of the initial amount. They may return
a greater portion if there are grounds for believing
that such portion may not be used in full.
The Member States shall, not later than 1 Ap r i I
197 8 ,notify to the Commission of the total imports
of the said goods effected up to and including
15 March          197S ^ and charged against the Com­
munity quota and, where appropriate, die proportion
of their initial s'hare that is being returned to the
reserve.
 ---pagebreak---                                     - 4 -
                         Article 6
The Commission shall keep account of the shares
opened by Member States in accordance with
Articles 2 and 3 and shall inform each of tfyem of the -
extent to which the reserve has been used as soon
as it receives the notifications.
The Commission shall , not later than 5 April 1978
notify Member States of the amount in the reserve
after the return of shares pursuant to Article 5.
The Commission shall ensure that any drawing which
uses up the reserve is limited to the balance ;
available and, for this purpose, shall specify the
a/mount thereof to the Member State which makes
 the last drawing.
                          Article 7
 1 . The Member States shall take all appropriate
 measures to ensure that, when additional shares are .
  drawn pursuant to Article 3, it is possible for charges
 to be made without interruption against their
  accumulated shares of the Community quota.
  2. The Member States shall ensure that importers
  of the said goods established in their territory have
  free access to the shares allocated to them.
  3. The Member States shall charge imports of the
  said goods against their shares as and when the 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 the
  imports charged in accordance with paragraph 3.
                           A rticle  8
   1.   In   accordance    with    Article 6 of   Decision
  76/ 198 / EEC, the Community shall monitor imports
  of the products in question originating in the said
  countries and territories .
  2.    Member States shall forward to the 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 submitted to the
  customs authorities under cover of a declaration that
  they are to be made available for home use and accom­
  panied by a 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 may be held at
  the request of a Member State or on the initiative of
  the Commission .
 ---pagebreak---                                                              Article 9
                                     The Member States and the Commission shall
                                     cooperate closely in order to ensure that this
                                     Regulation is observed.
                                                            Article 10
                                     The Member States shall forward to the
                                     Commission , within the 45 days following
                                     the publication of this Regulation in
                                     the Official Journal of the European
                                     Communities ,                                                ]
                                     the provisions they have made in order
                                     to apply it .
                                                                  Article  iV                     >
                                           This Regulation shall enter into force on I July 1977 /
 Regulation shall be binding in its entirety and directly applicable in all Member                j
s.                                                    .                            .
c at Luxembourg,
                                                     For the Council
                          ■  ■                            .   ' . .             ..               Å
                                                        The President
 ---pagebreak--- FINANCIAL     STATEMENT
1 . Budget Line concerned : Ch . 12 Art . 120
2 . Legal basis :     Art . 133
3 . Title of the tariff measure :
     Proposal for a regulation ( EEC ) of the Council opening , allocating
     and providing for the administration of a Community tariff quota
     for products fa'lling within subheading 22.09 C I of the Common
     Customs Tariff , originating in the overseas countries and territories
     associated with the European Economic Community ( year 1977 / 1978 )
A. Objectives : falfilment of an obligation under Council Decision 76/ 198 EEC
5 . Method of calculation :
    - No of CCT         . 22.09 C I
    - Quota volume      ; 71,571 hi of pure alcohol
    - Quota duty rate . free
       Duty rate CCT    ! 105 UA / hl
6 . Loss of receipts : 3,600,000 , to 7^500,000 EUR according to the use
                          of the quota