CELEX: 51989PC0148
Language: en
Date: 1989-04-07
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR RUM, ARRACK AND TAFIA ORIGINATING IN THE AFRICAN, CARIBBEAN AND PACIFIC STATES ( ACP ) ( 1989/90 )

COMMISSION OF THE EUROPEAN COMMUNITIES
                                       C0MC89) 148 final
                                       Brussels, 7 April 1989
                           Proposal for a
                      COUNCIL REGULATION (EEC)
   opening and providing for the administration of a Community
    tariff quota- for rum, arrack and tafia originating in the
           African, Caribbean and Pacific States (ACP)
                             (1989/90)
                   (presented by the Commission)
 ---pagebreak---                                                                 Com nttÇ   *
                         EXPLANATORY MEMORANDUM
1. Protocol N D . 5, annexed to the Third Lomé Oonventicn, which V A S
   signed on 8.12.1984, provides that the products falling within CN
   codes 2208 40 10, 2208 40 90, 2208 90 11 and 2208 90 19 (rum,
   arrack, tafia), originating in the ACP States, shall be imported
   duty free into the Conmunity.    These preferential arrangements are
   restricted to a quantity which is to be fixed annually by the
   Oonmunity on the basis of the largest quantities imported annually
   from the ACP States during the last three years for which statistics
   are available, increased by an annual growth rate of 37 % of the
   market of the United Kingdom and 27 % on the market of the other
   Member States.    But if the quota volume calculated on this basis is
   less than 172 000 hi the volume should be fixed at this level of
   172 000 hi.
2. By Regulation No 1820/87 regarding application of ACP-CEE Oouncil of
   Ministers Decision 2/87 relative to advance implementation of a
   protocol to the third ACP-EEC Convention subsequent to the accession
   of Spain and Portugal to the European Comnunities, the Council has
   established arrangements for trade between the Kingdom of Spain and
   the Portuguese Republic on the one hand and the ACP States on the
   other.   The result is that the imports of the products in question
   into these two countries benefit from the tariff quota,    ffcwever, as
   regards the quota duties, which will be applicable, particular
   provisions are provided for in the abovementioned Protocol.
3. The preferential arrangements should therefore be brought into force
   - by the opening of a Community tariff quota for rum, arrack and
    tafia originating in the ACP States.
    Because of the particularities on the r\aa market, the normal quota
   period ranges from 1 July to 30 June.
 ---pagebreak---                                          - 2 -
                                                                               3
  4.      Conmunity imports of the goods concerned during the last three years
          were as follows :
                                          (in hectolitres of pure alcohol)
                                            1966         1967       1988
           Benelux                        6 407          6 265      7 389
           Denmark                         2 020         1 884      2 038
           Germany                       36 183         33 570     42 523
           Greece                             50            50          -
           Spain                              90           244          -
           France                          1 637         1 929      1 216
           Ireland                        2 151          2 060      2 189
           Italy                             437           800        806
           Portugal                            -             7          —
           United Kingdom                69 757        72 040      63 525
^|;                                     U » 737       118 848     119 686
     The quota volume to be taken into account on this basis for the
     period 1 July 1989 to 30 June 19:90 should be 157 594 hectolitres.
     This volume is less than the threshold established by Protocol No 5,
     amended by abovementioned Regulation (EEC) No 1820/87. Consequently, the
     quota volume must be fixed at 172 000 hi.
  5. Following the decision of the Court of Justice of 27 September 1988 (case
      51/87) , it is appropriate not to provide shares for allocation among
     Member States.
    In this case it is proposed that the whole of the quota volumes
    be held as Conmunity reserves to which all Member States will
    have access in accordance with the procedure provided for in
    Article 3    of the proposal for a Regulation.
    As regards the method of so* i mi strati on to be applied by all «ember
    States, the Commission proposes the "as and when" system.
 ---pagebreak---                                        - 3 -
                                                                    H
6. The annexed table shows in detail the amounts actually charged,
   against the tariff quotas in question during the periods
   1984/85, 1965/86 ,   1986/87 and 1987/88.
7. it is proposed that the draft for a Council Rmgulatioa described
   above should be approved (see annex).
 ---pagebreak---                                                       - 4 -
                                          A C P - Rum, arrack and tafia.
                   CN Codes      : 2208 40 10, 2208 AO 90; 2208 90 11 »nd22Ç# 98 19
                        Amounts actually charged against the t a r i f f euota pjjenjrd for
                                       1984/85, 1985/86, 1986/87 and 1987/ft
                       1*4/81 '                    1985/86                   19H/il                  19f7/fT
Ntmetr State                Amount         Volume oT   Amount       Velum* ef                    Volume ef    Amount
             tfce mjMOia    actually       the quota   actuall      the piota       Sfumlly      the queta    actually
                            charged X -                charged                                                charged
                 - hi r                        ^ hi -   - hi - - X-                         -X-   -hl-       -hi-    -X-
 Benelux        8 325       5 804      70    9 010     6 735    75      9 340      6 295     67   9 099      7 094     78
 ienmark        i m         2 088      75    2 890     2 055    71      3 080      * 164     70   2 976      1 975     66
 Strmany       49 614      42 624      86   44 400    31 751    71     53 1S0     >1 2**     59  13 QS4     40 347     76
 Greece            131          18     14        50        50 100          30          50   too      50         50    100
 Sea in                                                                   290          90    31                244
                                                                                                    290                84
 France                                35    2 760     2 760   100      2 600                80
                3 450       1 196                                                  2 092          2 938      1 261     43
 Ireland        3 345       2 084      62    3 200     2 281    71      3 180      2 100     66   3 OH       2 232     72
 Italy             560         424     76       710      567 80           725         533    74     791        725     92
 Portugal                                                                  35           7    20      35           -     0
 United
 Kingdom     105 970       63 888      60 106 980     69 205    65     99 550    74 285      75  99 691     70 690     71
  IC         174 165      118 126      68 170 000 115 404       •»   172 000    116 664      69 17? 00Q    124 638     72
                                                                                                                          *A
 ---pagebreak---                                                     Proposal for a
                                       COUNCIL REGULATION (EEC) No
                                                        of
                   opening       .        and providing for the administration of a Community tariff
                   quota for rum, arrack and tafia originating in the African, Caribbean and Pacific
                                                  States (ACP) (1989 to 1990)
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        particularities peculiar to the market in rum the quota
                                                                  period ranges from 1 July to 30 June ;
  Having regard to the Treaty establishing the European           Whereas, having regard to the levels reached by imports
  Economic Community, and in particular Article 113               of the products concerned into the Community '
  thereof,                                                                              during the past three years for which
                                                                  statistics are available, the annual quota volume would
  Having regard to the proposal from the Commission, ,            amount to 157 594 hectolitres of pure alcohol ; whereas
                                                                  this volume being less than the threshold established by the above*
                                                                   mentioned protocol               , the quota volume for the
 Whereas Protocol 5 annexed to the Third ACP-EEC                  period from 1 July 1989 to 30 June 1990 must be fixed at
 Convention, signed at Lomé on 8 December 1984('),                172 000 hectolitres of pure alcohol ;
 provides that products originating in the African,                                                                      to all
 Caribbean and Pacific States (ACP) which fall within CN
 codes 2208 40 10, 2208 40 90, 2208 90 11 and 2208 90 19                to the ebovemenbonod quota and uninterrupted appli-
 shall, until the entry into force of a common organization             cation of the rase laid down for that quota to all
 of the market in spirits, be allowed into the Community                imports of the products concerned iflto all Member
                                                                        Suie» until the
 free of customs duties under conditions such as to permit
 the development of traditional trade flows between the                  Whereas, following the d i c i s s i o n of the Court
 ACP Sûtes and the Community and between the Member                      of J u s t i c e of 27 September 1988 (case 51/o7>,
 States ; wheres the Community shall fix each year the
                                                                           appropriate not to provide for allocation             _
 quantities which may be imported free of customs duties
 on the basis of the largest quantities imported annually                   States, without prejudice to die dxswing, on the? fiu§Efc
 from the ACP States into the Community in the past                         quota, of such quantities as they may need, undes~
 three years for which statistics are available, increased by               conditions and according to a procedure to bfr
 an annual growth rate of 37 % on the market of the                         determined; whereas this method of administration
 United Kingdom and 27 % on the other markets of the                        requires close cooperation between die Member States
Community ; whereas, however, in accordance with                            and the Commission and the latter must in particular he-
Article 3 (1) of the Protocol to the Third ACP-EEC                          able to monitor the rate at which the tariff quota It
Convention consequent on the Accession of the                               and inform the Member States accordingly ;                *e%
 Kingdom of Spain and the Portuguese Republic to the
 European Communities (*), implemented in advance by
Regulation (EEC) No 1820/87 (3), the minimum quantity                      Whereas, since the Kingdom ot Belgium, the
in Article 2 (a), second subparagraph, of Protocol 5 on                    Kingdom of the Netherlands »nd the Grand Duchy of
rum has been increased to 172 000 hectolitres;                             Luxembourg «re united within and jointly represented
                                                                           by the Benelux Bconomic Union, any operation
Whereas, pursuant to the said Protocol, the Kingdom-of                     concerning the administration of the quota shaft» allo-
Spain and the Portuguese Republic shall become                             cated to that economic union may be carried out by
contracting parties to the said ACP-EEC Convention ;                       any of its members,
whereas Regulation (EEC) No 1820/87 provides for
special arrangements for the quota duties to be applied by                 HAS ADOfTED THIS REGULATION :
those two Member States; whereas by reason of the
(•) OJ No L 86. 31. 3. 1986. p. 3.
O OJ No L 172, 30. 6. 1987, p. 3.
O OJ No L l"2, 30. 6. 1987, p. 1.
 ---pagebreak---                                                                                                      Article 1
                                                                            1. From 1 July 1989 to 30 June 1990, the following
                                                                            products originating in'the ACP States shall be imported
                                                                            duty free into the Community within the limits of the
                                                                            relevant Community tariff quota mentioned :
                                                                             «       • ••
                                                                                                      Quota volume
             Order No      CN code                            Description                             (in hi of pure      Quota duty
                                                                                                          alcohol)
          09.1605         2208 4010     Rum, arrack and tafia                                            172 000            Free
                          220840 90
                          22089011
                          2208 9019
                                    2.    Within the limit of this quotap
                                            <£ the Kingdom ot Spain ana the Portuguese
                                    Republic shall apply customs duties calculated in
                                    accordance with the Act of Accession and Regulation
                                    (EEC) No 1826/17.
                          Amid* 2
                                                                           If the quantities requested are greater than die available
 The tariff quota referred to in Article 1 shall be                        balance of the tariff quota, allocation shall be made on a
 administered by the Commission, which may take any                       pro rata basis with respect to the requests. Member States
 appropriate measure with a view to ensuring the efficient                 shall be informed by the Commission .of the drawings
 administration thereof.                                                   made.
                          ArticU J                                                                  ArticU 4
 If an importer presents in a Member State a declaration of
                                                                           1. Member States shall take all appropriate measures ^o
 entry into free circulation including a request for
                                                                          ensure that their drawings pursuant to Article 3 embl?
 preferential benefit for a product covered by this
                                                                          imports to be charged without interruption'against ~ài»is
 Regulation, and if this declaration is accepted by the
                                                                          accumulated shares of the Community quota.
 customs authorities, the Member State concerned shall
 draw, from the tariff quota, by means of notification to
 the Commission, a quantity corresponding to these needs.                 2. Each Member State shall ensure that importe:*? ~:
                                                                          the products concerned have free access to the quoo hr
                                                                          such times as the balance of the tariff quota so permit
The requests for drawing, with the indication of the date
of acceptance of the said declaration, must be
communicated to the Commission without delay.                             3. Member Sûtes shall charge imports of the- saici
                                                                          products against their drawings as and when the gr^i*, at?
The drawings arc granted by the Commission on the basis                   entered with the customs authorities under cc-.r ji
of the date ot acceptance of the declaration of entry into                declarations of entry into free circulation.
free circulation by the customs authorities of the Member
State concerned, to the extent that the available balance                 4. The extent to which the quota has been used op
so permits.                                                               shall be determined on the basis of the imports charged
                                                                          in accordance with paragraph 3.
If a Member State does not use the quantities drawn, it
shall return them as soon as possible to the tariff quota.
                                                                                                    Article 5
                                                                          At the request of the Commission, Member States shall
                                                                          inform it of imports actually charged against the quota,
 ---pagebreak---                                                 -3-                                                           V
                                                                                                              u-
                                                                     Article 6
                                             This Regulation shall enter into force on 1 July 1989.
This Regulation shall be binding in its entirety and directly applicable in all Member       -  ':••<*-•/.• <
States.                                                                                        •.'A"* v 'i
Done at Brussels,
                                                         For the Council
                                                           The President
                                                                                                 A '-)
 ---pagebreak---                                                                          £A>
FICHE FINANCIERE
1.      Ligne budgétaire concernée : Chap. 12 art.120
2.      Base juridique : a r t . 113 du traité
3.      Intitulé de la ne sure tarifaire : Reposition de règlement du
        Conseil portant ouverture                    e t mode de gestion d'un
        contingent tarifaire cxawnunautaire pour Le rhum, l'axaX e t Le
        t a f i a , originaires des Etats ACP (1969/90)
4.      Objectif : Application d'une obligation contractuelle (Convention
        Lomé n i )
5.      Mode de calcul :
        Codes NC               : 2208 40 10; 90 e t 2208 90 11; 19
        Volumes du contingent : 172 000 hl a.p. (période 1.7.89-30.6.90)
        Droits à appliquer : exemption
        Droits du T.D.C. : - 1 ECU/hl par % vol + 5 ECU/hl (- 2 1)
                                - 1 ECU/hl par % vol       ( + 2 1)
6.      Perte de recettes :
        Estimation :        39 529 hl en récip. 2 1 ou moins
                           132 471 h l en récip. plus de 2 1
        La perte s'élève à 17 397 645 ECU. Ebur la période précédente
        (1.7.1988 au 30.6.1989) une perte de 17 450 240 ECU a été
        inscrite.
 ---pagebreak---                                                                       e AJ
               Fiche d'impact sur la corrpetitivite e t l'enploi
Cette proposition e s t formulée en conformité avec un engagement contractuel
de la Communauté. L'impact découlant de cette concession a été p r i s en
considération lors de la prise de décision d'adoption de ce contingent e t
i l n'aura pas un caractère sérieux sur la compétitivité e t l'emploi dans la
Corrrrtunauté.
                                                                   /\o
 ---pagebreak---  ---pagebreak--- Commission of the European Communities
COM(89) 148 final
Proposal for a
COUNCIL REGULATION (EEC)
opening and providing for the administration of a Community tariff quota
for rum, arrack and tafia originating in the African, Caribbean and Pacific
States (ACP) (1989/90)
(submitted to the Council by the Commission)
7.4.1989
Office for Official Publications of the European Communities
L - 2985 Luxembourg
Series: DOCUMENTS
 1989 - 10 pp. - Format: 21.0 * 29.7 cm
EN
ISSN 0254-1475
ISBN 92-77-48874-3
Catalogue number: CB-CO-89-165-EN-C
 ---pagebreak---                                               ISSN 0254-1475
COM(89) 148 final
DOCUMENTS
Proposal for a
COUNCIL REGULATION (EEC)
opening and providing for the administration of
a Community tariff quota for rum, arrack and
tafia originating in the African, Caribbean and
Pacific States (ACP) (1989/90)
(submitted to the Council by the Commission)
 11     02                                   7.4.1989
Catalogue number: CB-CO-89-165-EN-C
ISBN 92-77-48874-3
€
COMMISSION OF THE EUROPEAN COMMUNITIES