CELEX: 51981PC0204
Language: en
Date: 1981-04-29
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for rum, arrak 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 Community (1981/1982) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 204
Vol. 1981/0076
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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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
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(81)204 final
                                               Brussels , 29 April 1981
                               Proposal for a
                          COUNCIL REGULATION ( EEC )
     opening , allocating and providing for the administration of a
     Community tariff quota for rum , arrak 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 Community ( 1981 / 1982 )
                                     il by the Commission
             ( submitted to the Council                     ) 'A
                                                 Commission)'   ^
                                        x A
                                        i C    1              '
                                                               I
                                                               /.-*•/
                                                                   /
                                                     <1 . ./
C0M(81 ) 204 final
 ---pagebreak---                                                             Cervv\ 2-°4
                         EXPLANATORY MEMORANDUM
                                                                                 t
  1.   Annex IX -of Decision 80/ 1186 of the Council of 16 December 1980
       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 quofa, the annual
       period of application of which shall be from 1 July to 30 June of the
       following year.
                           /
       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 18 %. ^                                  '
 2. 'The imports of the products in question during the last three years were
       as follows :
                                                  (in hi of pure alcohol)
                                            1978            1979           1980
 Bénélux                                     -                 19     •       10
 Denmark                                     -                 32             51
 Germany'                                70,285          59,723         55,625
 Greece                  ,                   -                              -
 France                                      -               -
 Ireland                                     -               -             100
.Italy                                       -
 United Kingdom                                64              22              2
                                         70,349          59,796         55,788
       It follows from these figures that the quantities relative to the year
       1978 should be taken as determining the annual basic amount. Having
       regard to the present overall position concerning the products in
       question the rate of growth applicable to the basic amount may be
       taken as 18 96.
 ---pagebreak---  In these circumstances, the volume of the Community tariff quota for
 the period from 1 July 1981 to 30 June 1982 should be fixed at
83,011 hectolitres of pure alcohol-
The Regulation provides in the usual way, for the splitting up of the
tariff volume into two parts, of which the first will be allocated among
the Member States as quota shares and the second will be kept as a
reserve .
The allocation of the first instalment has to be determined by taking
into account actual trends on the markets in question , the needs of the
Member     States   and    economic    prospects  for   the  period under
consideration .
However , in this case , this principle cannot be applied completely. For ,
during the past three years there were no imports in certain Member
States , and in other Member States they were insignificant . To allocate
the quotas in question nevertheless , equitably among Member States , it
appears desirable to provide, for a significant share of the quota amount
for each of the Member States .
It is proposed that the draft regulation of the Courul on the opening,
allocation and administration of the Community tariff quota outlined
above be approved (see annex).
 ---pagebreak---                                              Proposal for a
                                 COUNCIL REGULATION (EEC)
        opening, allocating and providing for the administration of a
        Community tariff quota for rum , arrak 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 Community ( 1981 / 1982).
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having         regard     to    the     Treaty      establishing the     European  Economic
Community,            and in particular Article 136 thereof ,
Having regard to                                    i Council Decision 80/ 1186 / EEC of
16 December 1980              on   the    association      of    the overseas  countries and
territories with the Euiopean Economic Community ( 1 ), and in particular
Annex IX thereto ,
Having regard to the proposal from the Commission,
^                                       "                                    '
Whereas Annex IX of Decision 80 / 1186 / EEC provides that rum,
   arrack and tafia shall be imr>r?d into the Community
   free of customs duties within the limits of a Community
   tariff quota; whereas the annual size of the quota is to
   be fixed on the basis of a basic annual quantity,
 - calculated in hectolitres of pure alcohol, to which a
   growth rate of 18 % is to be applied, equal to the
   amount of imports during thi Ocst of the last three years
   for which statistics are available; whereas this rate may
   be modified in the light of certain criteria; whereas the   "
   quota period lasts from 1 July until 30 June of the
   following year;     whereas this Community tariff
   quota should be opened for the period
   1 July 1981 to 30 June 1982 ;
      Whereas Community statistics for the years 197<? to
      1980 show that the highest volume of imports into the
      Community of the products in question originating fin
      the said countries and territories, namely 70 349
      hectolitres of pure alcohol, occurred in 1978 ; whereas,
      in the light of consumption and production within the
      Community and of the development of trade both
           (1 ) O.J. N. L 361 , 31.12.1980, p. 1
 ---pagebreak---                                                   -   2   -
 witnin the Community and between the Community,
the       countries and territories and the ACP States,
the rate of growth for the quota period in question may
he fixed at IK "«>; whereas the Community tariff quota
for the period 1 July 1984 to 30 June 1982. should
therefore be fixed at 83 Oil hectolitres of pure alcohol;
  Whereas, in order to take into account import trends
  for the products concerned in the various Member
  States, the quota volume should be divided into two
  instalments, the first being shared among the Member
  States and the second constituting a reserve to cover at a
  later date the requirements of Member States which
  have used lip their initial quota shares; whereas, in
  order to give importers in each Member State a certain
  degree of security, the first instalment of the .
  Community quota should, under the present
  circumstances, be fixed at $0 % of the quota volume;
 Whereas, taking into account actual trends on the
 markets for the products in question, the needs of the
 Member States and the economic prospects for the
 period under consideration, the percentage shares in the
 quota volume may be laid down as follows:
      Bénélux                                    0.13
      Denmark                                    0.20
      Germany                                   99.04
      Greece                                     0.08
      France                                     0.08
      Ireland                                    0.26
      Italy                                      0.02
      United Kingdom                             0.13
Whereas the Member States' initial shares may be used
up at different times; whereas, in order to take this fact
into account and avoid any break in continuity, any
Member State which has almost used up its initial share
must draw an additional share from the reserve;
whereas this must be done by each Member State as and
when each of its additional shares is almost entirely
used up, and repeated as many times as the reserve
allows; whereas the initial and additional shares must
be valid until the end of the quota period ; whereas this
method of administration requires close cooperation
between the Member States and the Commission, and
the Commission must be in a position to monitor the
extent to which the quota volume has been used up arid
inform, the Member States thereof;
 ---pagebreak---    Whereas if, at a given date in the quota period, a
  considerable quantity is left over in any Member State,
  it is essential that that Member State should return a
  significant proportion to the reserve to prevent a part of ,
  the Community quota from remaining unused in one
  Member State when could be used in others;
 Whereas the development of imports 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 arc united within and jointly represented
 by the Benelux 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,
HAS ADOPTED THIS REGULATION:
           /              Article Î
1 . From 1 July 1980 to 30 June 1981 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
  80 / 1186 / EEC shall be imported free of customs duty into the
  Community within the limits of a Community tariff quota of
  83 011 hectolitres of pure alcohol.'
 2.     The rules of origin applicable to the products referred to in paragraph 1
        shall be those set out in Annex II of Decision 80/ 1186/EEC   •
                                                 Article 2 "
 1.     The Community tariff quota referred to in Article 1 shall be divided
        into two instalments.
 ---pagebreak---   2.       A first instalment, amounting to 74 700 hectolitres ,shall be shared
           among the Member States ; the respective shares, which subject to
           Article 5 shall be valid until 30 dune 1982 , shall be as follows :
                                                               (hectolitres of pure alcohol)
  Bénélux                                                                      '00
  Denmark                                                                      150
 Germany                                                                   73970
 Greece                "                                                        60
France                                     -                                    60
Ireland                                                                        200
Italy                                                                           60
United Kingdom                                                                 100
 3.       The second instalment of 8 311 hectolitres shall constitute the reserve ,
i                              Article .1
                                                                I
, 1 . If 90 "A, or more of .1 Member State's initial share as ;
« specified in Article 2 ( 2 ), or of that share minus the
    portion returned to the reserve, where Article 5 is '
  ' applied, has been used up, that Member State shall              .
    without delay, hy notifying the Commission, draw a ;
    second share equal to 15 "o of its initial share, rounded :
    up where necessary to the next unit, to the extent ■
    permitted by the amount of the reserve.
    2. If, after its initial share has been used up, 90 % or
    more of the second share drawn by a Member State has
    been used up, that Member State shall, in accordance          "
    with the 'conditions hud down in paragraph 1 , draw a '
    third share equal to 7-5 % of its initial share, rounded
    up where nciessary to the next unit .
    3 . . If, after its second share has been used up, 90 % or
    more of the third share drawn by a Member State has                             .•    >  .
 _ been used up , that Member State shall, in accordance
    with the same conditions, draw a fourth share equal to
    the third.                      '
    This process shall continue until the reserve is used up.                '
                                                             ί
    4 . By way of derogation from paragraphs 1 , 2 and 3 , a
    Member State may draw shares smaller than those fixed
    in those paragraphs if there is reason to believe that
    they might not be used up. It shall inform the
    Commission of its reasons for applying this paragraph.
 ---pagebreak---                                                                                 - 5 -
                                       Article 4
      ' Additional shares drawn pursuant to Article 3 shall be
           valid until 30 June* 1V83L *
                                     Artide 5                                                       \
          The Member States shall return to the reserve, not later ;
 ' than I April 19851, the unused portion of their initial
 - share which , on 15 March 1982, is in excess of 20 % of ;
          the initial volume. They may return a larger quantity if ■
, there arc grounds for believing that this quantity may
          not be used.
                                                                                             "     }
                                                                                 •   •            I
          The Member States shall , not later than 1 April 1982* '•
 ' notify the Commission of the total quantities of the said ■
' goods imported up to 15 March 1989. inclusive and i
         iliiitj'.fil         tin- C 't >iiii i m n>«i >' i |u<>i .i t . iik I of any -
       .quantities of the initial sliaret returned to the reserve, . ['
                                               *                        '
                                                                          , ■ '              ' .1
                                    Anù le 6
         The Commission shall keep an .tccount or the shares ^ -
         opened -by the Member States pursuant to Articles 2 and j
         .1 ami shall as soon as it has been notified , inform d.u'b '
         Stale of die extent to which the reserve has been used
         " IV                        "           .            .     .                             i
         It shall inform the Member States, not l.ut'r than 5 April ;
       ' 1981, of the amount in the reserve after quantities have 1
         been returned pursuant to Article 5 .                                                     ■
      .The Commission shall ensure that the drawing which '
         uses up the reserve is liiyitcd to thi; balance available >.
         and to this end shall specify the amount thereof to the ;
         Memhcr*State which makes the last drawing.                                .*. •. I
   T                        ■                               V   '                              . y
   ..                                                                              '
           •                        Article -7                                                  "5
   •          '               '                                   .                    .  '  . i
          1 . The Member States shall take all measures necessary -
    . to ensure ( hat additional shares drawn pursuant to .
   . Article 1 , arc opened in such a way that imports may be
   : slurped without interruption against their accumulated i
         shares of the Community quota .                                                 , :<
 : 2. The Member States shall ensure that importers of .;
  : the said products established in their territory have free
. access to the shares allocated to- them.-                           '                    »    y
 . 3 . 'Hie extent to which a Member State has used up its
 . share shall be determined on the basis of the imports of .:
         the goods in question entered with the customs -
         authorities for free circulation.                •
 ---pagebreak---                                 Artide g
a'n /VicI '               ce witl1 Ar,icIc * iof Annex IX to Decision
O J / i loo /l-.liC, 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 entered at customs in
      declarations for free circulation and accompanied by a
  : movement certificate conforming to the rules referred to
      in Article 1 (2) shall be taken into consideration for this
     purpose.
     3. rhe 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 .
                               Article 9
     The Member States and the Commission shall cooperate
     closely in order to ensure that this Regulation is
     complied with.
                               Article 10
    'Thi* Regulation shall enter into force on 1 July 1981.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
 Done at Brussels,
                                                                  For the Council
                                                                    The President