CELEX: 51991PC0116
Language: en
Date: 1991-04-15
Title: 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 AFRICAN, CARIBBEAN AND PACIFIC STATES ( ACP ) ( 1991/92 )

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  C0M(91)116  final
___                                               Brussels, 15 April 1991
                                   Proposal for a
                              COUNCIL REGULATION (EEC)
      opening and providing for the administration of a Community tariff quotas
         for rum, tafia and arrack originating in the African, Caribbean and
                                 Pacific States (ACP)
                                       (1991/92)
                           (presented by the Commission)
 ---pagebreak---                           EXPLANATORY MEMORANDUM
1.  Protocol No. 6, annexed to the Fourth Lomé Convention, which was
    signed on 15.12.1989, provides that the products falling within CN
    codes 2208 40 10, 2208 40 90, 2208 90 11 and 2208 90 19 (rum, tafia
    and arrack), originating in the ACP States, shall be imported duty
    free into the Community. In the meantime, the Community has decided by
   Council Regulation (EEC) No. 714/90, extended by Regulation (EEC) No.
   524/91, to apply with effect from 1 March 1990, the aforementioned
   protocol No. 6 autonomously in anticipation.
   These preferential arrangements are restricted to a quantity which is
    to be fixed annually by the Community 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 the ACP-EEC Council
   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 Communities, the Council has
   established arrangements for trade between the Kingdom of Spain and
   the Portugese 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. However, 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, tafia and arrack
   originating in the ACP States.
   Because of the particularities on the rum market, the normal quota
   period ranges from 1 July to 30 June.
 ---pagebreak---  4.     Community imports of the goods concerned during the iast three years
        were as foi lows:
                          (in hectolitres of pure alcohol)
                            1988       1989      1990
Benelux                    7 389     7 621     9 339
Denmark                    2 038      1 748     2 404
Germany                   42 523    48 591    50 451
Greece                          -       586    5 699
Spain                           -       156    9 514
France                     1 216         19
 Ireland                   2 189     2 973     2 282
 Italy                        806       431        54
Portugal                        -         -
United                    63 525    83 773    70 436
  K i ngdom
                         119 686   145 898   150 179
       The quota volume to be taken into account on this basis for the period
        1 July 1991 to 30 June 1992 should be 197 771 hectolitres.
5.     Following the Judgement of the Court of Justice on 27 September 1988
       (Case 51/87), the volume of the quota in question must not be carried
       over in quota shares between the Member States at least while the
       pressing circumstances of an administrative, technical and economic
       nature prevent from doing otherwise, also, the economic difficulties
       that could result, for the overseas departments (0SD) from the sudden
       modification of the system relating to the imports of rum originating
        in the African, Caribbean and Pacific States (ACP) constitute
       constraining circumstances which justify the temporary and partial
       keeping of this system which will disappear in every respect in the
       perspective of the achieving of the single market. In this perspective
       the quantity attributed to the constitution of the Community Reserve
       goes to 40% and 60% of the quota volume.
6.     For these reasons the provisions of the Regulation provide for the
       splitting up of the quota volume into two parts, the first of which
       will be allocated among the Member States as quota shares, with the
       second forming a reserve.
 ---pagebreak---    The calculation of these is based on the imports of the products in
   question from ACP States during the previous three years 1988, 1989
   and 1990, and the economic outlook for the period in question, if,
   during the quota period, the Community reserve were to be almost
   entirely used up, Member States should return to the said reserve all
   of the unused portion of their initial shares so as to avoid part of
   the Community tariff quota from remaining unused in one Member State,
   when it could be used in others.
7. It is proposed that the draft for a Council Regulation described above
   should be approved.
                                                                          *
 ---pagebreak---                                                                             Proposal for a
                                                                 C O U N C I L R E G U L A T I O N (EEC)                  No          /91
                                                                                          of
                                 o p e n i n g , a l l o c a t i n g a n d p r o v i d i n g for t h e a d m i n i s t r a t i o n of a C o m m u n i t y tariff
                                 q u o t a for r u m , t a f i a a n d a r r a c k o r i g i n a t i n g in t h e A f r i c a n , C a r i b b e a n a n d P a c i f i c
                                                                                   ( A C P ) S t a t e s (1991/92)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES.                                                      Whereas it is in particular necessary to ensure to all
                                                                                                         C o m m u n i t y importers equal and uninterrupted access to
            Having regard to the Treaty establishing the European                                        the abovementioned quota and uninterrupted application
            Economic C o m m u n i t y , and in particular Article 113                                   of the rate laid down for that quota to all imports of the
           thereof,                                                                                      products concerned into all M e m b e r States until the quota
           Having regard to the proposal from the Commission,                                            has been used u p ;
           Wfeereas & e C o m m u n i t y signed the Fourth ACP-EEC                                      Whereas, following the case law of the Court of Justice, it
           Convention at Lomé on 15 December 1989 ; whereas the                                          is unlawful to allocate the C o m m u n i t y quotas between
           C o m m u n i t y decided, by Council Regulation (EEC) N o                                    the Member States, unless overriding circumstances of an
5 2 4 / / 1 ©# 2 7 F e b r u a r y 1191 concerning the application of                                    administrative, technical or e c o n o m i c nature, prevent
           Decision N o 1/91 of the ACP-EEC Council of Ministers                                         acting otherwise ; whereas, in addition, in cases where it is
            extending Decision Mo 2MJ                                                                    decided to allocate quotas, a mechanism should be set up
           on transitional measures valid from l March 1990 ('), to                                      whereby the integrity of the C o m m o n Customs Tariff
           appfy Protocol 6 annexed to the Convention autono-                                            may be protected ;
           mously in advance ;
                                                                                                         Whereas the e c o n o m i c difficulties which could result for
           Whereas Protocol 6 provides that products originating in                                      the French Overseas D e p a r t m e n t s (FOD) from the sudden
           the African, Caribbean and Pacific <ACP) States which fall                                    change in the arrangements for importing rum from the
           w « h i n C N codes 2208 40 10, 2208 40 90. 2208 90 1 1 and                                   African, Caribbean and Pacific (ACP) States constitute
           2208 90 19 shall, until the entry into force of a c o m m o n                                 circumstances having a binding effect which justify the
           organization of the market in spirits, he allowed into the                                    temporary              and     partial         maintenance                  of        these
           C o m m u n i t y free of customs duties under conditions such                                arrangements ; whereas, however, the arrangements for
           as to permit the development of traditional trade flows                                       allocation of the quota into national shares should be
           between the A C P States and the C o m m u n i t y and between                                phased out and can only be justified on a transitional
           the Member States ; whereas the C o m m u n i t y shall until                                 basis ; whereas the arrangements should in any event
           31 December 1993 fix each year the quantities which                                           definitively           disappear       with      the           prospect           ot     the
           may be imported free of customs duties on the basis of                                        establishment of the internal market ;
           the largest quantities imported annually from the ACP
           States into the C o m m u n i t y in the past three years for                                 Whereas, in          these circumstances, it is advisable to increase
           which statistics are available, increased by an annual                                        to 6() % the          volume of the C o m m u n i t y reserve by means
           growth rate of 37 % on the market of the United                                               of a system           for the automatic transfer of Member State-
           Kingdom and 27 % on the other markets of the                                                  share to the         reserve as soon as 80 % of the latter has been
           Community ;                                                                                   used up ;
                                                                                                         Whereas, during the past three years for which statistical
                                                                                                         data are available, imports from Member States have been
           Whereas by virtue of Council Regulation (EEC) N o                                             as follows :
            1820/87 of 25 J u n e 1987 concerning the application of
           Decision N o 2/K7 of the ACP-EEC Council ot Ministers                                                                                          fin    I'ni'ilit'i    « "' ;•!<•    //,-,'.//
           on the advance implementation of the Protocol to the
           Third      ACP-EEC            Convention              consequent          on      the                  M e m b e r Stale          j      1WH                   lg*4              1y*J
           Accession of the Kingdom of Spain and the Portuguese
           Republic to the European C o m m u n i t i e s (2), provision is
           made for special arrangements for the quota dûtes to be                                       Benelux                                     7 389                 - bl\           9 339
           applied by those two Member States ; whereas by reason                                        Denmark                                     2 038                  1 ~48           2 404
           of the particularities peculiar to the market in rum the                                      Germany                                   42 523              48 591            50 451
                                                                                                         Greece                                      —                        586           5 699
           quota period ranges from 1 July to 30 J u n e ;
                                                                                                         Spain                                       —                        156           9 514
           Whereas, having regard to the levels reached by imports                                       France                                      1216                      19
                                                                                                         Ireland                                     2 989                 2 973            2 282
           of the products concerned into the C o m m u n i t y during
                                                                                                         Italy                                         806                    4*1                54
           the past three years for which statistics are available, the
                                                                                                         Portugal                                    —        |            —
           annual quota volume for the period from 1 July 1991 to                                        United Kingdom                            63 525 !             fiî7~3           70 436
           30 J u n e 199 2 m u s t be fixed at '197 771 hectolitres of pure                                                                                  i
           alcohol ;                                                                                                                         |                 I
                                                                                                                                    TOM!         li^6N^       <       :J>SMS           1J0 17V
           (') OJ No L 5£          5-V 191 , P . Z
           H OJ No L l_72, 30. 6. 1987, p. I
                                                                                                                                                                                               5"
 ---pagebreak---  Whereas, in view of these factors, of market forecasts for             permit the development of traditional trade flows between
 the products in question and of the estimates submitted                the ACP States and the Community, on the one hand,
 by certain Member States, quota shares may be fixed                    and between the Member States on the other ;
 approximately at the following percentages :
           Benelux                         5,86                         Whereas this form of administration requires close
           Denmark                         1,49                         collaboration between the Member States and the
          Germany                        34,05                          Commission, and the Commission must be able to keep
          Greece                           1,51                         account of quota utilization rates and inform the Member
          Spain                            2,32                         States accordingly ;
           France                          0,30
           Ireland                         1,79                         Whereas, since the Kingdom of Belgium, the Kingdom of
           Italy                           0,31                         the Netherlands and the Grand Duchy of Luxembourg
          Portugal                         0,00                         are united within and jointly represented by the Benelux
          United Kingdom                 52,3V                          Economic Union, any operation concerning the adminis-
                                                                        tration of the quotas may be carried out by any one of its
Whereas provision should be made for a mechanism to                     members,
prevent, when the Community quota is not exhausted,
goods from being imported into a Member State which
has exhausted its share only after the full application of
customs duties, or after having been diverted to another
Member State which has not yet exhausted its share ;
whereas, in these circumstances, if, during the quota                   HAS ADOPTED THIS REGULATION
period, the Community reserve were to be almost entirely
used up, Member States should return to the said reserve
all of the unused portion of their initial shares so as to
avoid part of the Community tariff quota from remaining                                          Article 1
unused in one Member State, when it could be used in
others ;                                                                1.    From 1 July j.991 to 30 June 1992, the following
                                                                       products originating in the ACP States shall be imported
Whereas measures should be laid down to ensure that                    duty free into the Community within the limits of the
Protocol 5 is implemented under conditions such as to                  relevant Community tariff quota mentioned :
                                                                                                   Quota Volume
   Order No        CN code                                 Description                             (in hi of pure       Quota duty
                                                                                                       alcohol)
09.160 5         2208 40 10      Rum, tafia and arrak                                               197 771                Free
                 2208 40 90
                 2208 90 11
                 2208 90 19
2.    Within the limit of this quota, the Kingdom of                              Spain                           | 835
Spain and the Portuguese Republic shall apply customs                             France                            235
duties calculated in accordance with the 1985 Act of                              Ireland                        1 415
Accession and Regulation (EEC) No 1820/87.                                        Italy                             245
                                                                                  Portugal                           10
                                                                                  United Kingdom                41 421;
                          Article 2
                                                                       3.     A second instalment ofUcj 663hectolitres of pure
1. The tariff quota referred to in Article 1 shall be                  alcohol shall constitute the Community reserve.
divided into two instalments.
2.    A frist instalment of TV lUrJ hectolitres of pure                                          Article 3
alcohol shall be allocated amongst the Member States ;
the shares which, subject to Article 3, shall apply until 30           If a Member State's initial share a specified in Article 2
June 199 2 amount to the following quantities:                         (2), has been used up entirely, the following provisional
                                                                       shall apply.
                                     (hectolitres of
                                     /inre      .iliohtil)             If an importer presents, in a Member State, a declaration
          Benelux                                                      as to entry into free circulation comprising a request for
          Denmark                        I 173                         preferential treatment for a product covered by this
          Germany                      26 93!i                         Regulation, and this declaration is accepted by the
          Greece                         1 194                         customs authorities, the Member State concerned shall, by
 ---pagebreak---  notifying the Commission, draw an amount corres-                                         Article 5
 ponding to its requirements from the reserve referred to
 in Article 2 (3).                                               The Commission shall keep an account of the shares
                                                                 opened to the Member States pursuant to Articles 2 and 3
 Requests to chaw on the reserve together with the date of       and shall, as soon as it has been notified, inform each
acceptance of the said declaration must be forwarded to          State of the extent to which the reserves have been used
the Commission without delay.                                    up.
 Drawings shall be granted by the Commission on the              It shall inform the Member States of the volume of the
basis of the date of acceptance of goods for entry into free     reserve following any return of quota shares pursuant to
circulation by the customs authorities of the Member             Article 4.
State concerned, provided a sufficient amount remains in
aie wserve.                                                                              Article 6
II a Member State does net use the quantities drawn, it
shafi return them to the reserve a* soon as possible.            Each Member States shall ensure that importers of the
                                                                 products concerned have free access to the quota for such
If requests for drawings exceed the amount remaining in          time as the residual balance of the quota volumes so
the reserve, an allocation shall be made pro rata. The           permits.
Member States shall be so informed t*y the Commission.
                                                                                         Article 7
                          Article 4                              The Member States and the Commission shall cooperate
Once at least 80 % of the reserve as defined in Article 2        closely that this Regulation is complied with.
(3), has been used up, the Commission shall inform the
Member States thereof,                                                                   Article 8
It shall also notify Member States int this case of the date     Council Regulation (EEC) No 1316/87 of 11 May 1987 on
from which drawings on the Community reserve must be             the safeguard measures provided for in the Third
made according to the provisions laid down in Article 3,         ACP-EEC Convention (') and the provisions that will
if these provisions ar not already m effect.                     replace it under the Fourth ACP-EEC Convention shall
                                                                 apply to the products referred to in this Regulation.
Within a time limit fixed by the Cmmmission as from the
date referred to in paragraph 2, Mt-tinVi States shall In-                               Artnli    9
required to return to the reserve aril their initial shares
which have not been used on thaf date.                           This Regulation shall enter into force on 1 July 1991
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at brussels ,
                                                                             For the Council
                                                                              The Président
                                                                 (') OJ No 1. 125. 14. v 1987. p. 1.
                                                                                                                        t
 ---pagebreak---                            FICHE FINANCIERE
1. Liane budgétaire concernée : chap. 12 art. 120
2. Base Juridique : art. 113 du traité
3. Intitulé de la mesure tarifaire : Proposition de règlement du
   Conseil portant ouverture, répartition et mode de gestion d'un
   contingent tarifaire communautaire pour le rhum, le tafia et
   l'arak, originaires des Etats ACP (1991/1992).
4. Oblectif : Application d'une obligation contractuelle (Convention
   Lomé IV).
5. Mode de calcul :
   Codes NC : 2208 40 10; 90 et 2208 90 11; 19
   Volumes du contingent : 197 771 hl a.p. (période 1.7.91-30.6.92)
   Droits à appliquer : exemption
   Droits du TDC : - 1 ECU/hl par % vol + 5 ECU/hl (- 2 I)
                   - 1 ECU/hI par X vol ( + 2 I).
6. Perte de recettes :
   Estimation : 45 452 hl en réclp. 2 I ou moins
               152 319 hl en réclp. plus de 2 I.
   La perte s'élève à 20 004 360 Ecus. Pour la période précédente
   (1.7.1990 au 30.6.1991) une perte de 19 684 855 Ecus a été
   Inscrite.
                                                                     /
 ---pagebreak---             FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI
Cette proposition est formulée en conformité avec un engagement
contractuel de la Communauté. L'Impact découlant de cette concession a
été pris en considération tors de la prise de décision d'adoption de ce
contingent et II n'aura pes un caractère sérieux sur la compétitivité
•* l'emploi dans ta Communauté.
                                                                        i
 ---pagebreak---  ---pagebreak---                                                                                 ISSN 0254-1475
                                                                 COM(91) 116 final
                                                      DOCUMENTS
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