CELEX: 51987PC0237
Language: en
Date: 1987-05-27
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the 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 Community (1987/88) (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 237
Vol. 1987/0154
 ---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) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
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 last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
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, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(87 ) 237 final
                                                      Brussels , 27 May 1987
                                    Proposal for a
                            COUNCIL REGULATION ( EEC )
  opening , allocating and providing for the 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 Community
                                        ( 1987 / 88 )
                         (presented
                         ( presented by
                         ( presented       by the
                                           M/   the Commission
                                                    Commission ))
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 C0M(87 ) 237 final
 ---pagebreak---                               EXPLANATORY MEMORANDUM
1 . Annex V of Council Decision 86 /283/EEC of 30 June 1986 , provides that
    rum, arrack and tafia falling within subheading 22.09 C I of the Cormon
    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 . 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 three years for which statistics are
    available . This basic amount is subject to a growth rate of 27 % .
2 . By Decision 86/47 /EEC , extended by Decision no 86/645 /EEC the Council
    has established arrangements for trade between the Kingdom of Spain and
    the Portuguese Republic on the one hand and the overseas countries and
    territories (OCT ) on the other . The result is that the imports of the
    products in question in these two countries have the benefit of the
    tariff quota . However , as regards the quota duties , which will be
    applicable , particular provisions are provided for in the Annex of the
    abovementioned Decision .
    Because of the particularities on the rum market , the quota period
    ranges frcm 1 July to 30 June of the following year .
3 . The imports of the products in question during the last three years were
    as follows :
 ---pagebreak---                                           â
                                        - 2 -
                                    ( in hl of pure alcolhol )
                                  1984        1985     1986
    Benelux                           2        -        -
    Denmark                           -        -        -
    Germany                      5 497         -        -
    Greece                            -        -        -
    Spain                           54         n.c .    n.c .
    France                            -        -        -
    Ireland                           -        -        -
    Italy                             -        -        -
    Portugal                          -
                                               n.c .    n.c .
    United Kingdom                  16         44,42    85,91
    CE                           5 569         44,42    85,91
    In these circunstances , the volume of the Cormunity tariff quota for the
    period from 1 July 1987 to 30 June 1988 should be fixed at 7 073
    hectolitres of pure alcohol .
    The drop in imports during the last years can be explained by the fact
    that the former production units of the products in question in the OCT
    ceased their activity during 1983 , and the equipment of the distilleries
    has been transferred into the French Overseas Departments . Therefore ,
    the imports into the Community reached only 85,91 hi in 1986 . However ,
    the absence of a production in the OCT must be considered as being
    completely temporary . Per , according to available information , new
    production units are on the point of being installed in certain of these
    territories , the products of which can appear on the Cormunity markets
    during the quota period 1987 /1988 . To avoid discouraging investments
    which are envisaged for the Dutch Antilles and to take into account the
    particular situation of this territory , the volume of the quota to be
    opened should be increased to 15 000 hi of pure alcohol . But for this
    proposed amendment of the quota volume , the previsions of Article 3
    Paragraph 3 of the abovementioned Annex V should be applied .
4 . The Regulation provides in the usual way , for the splitting up of the
    tariff volune 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 .
 ---pagebreak---                                         4-
                                      - i -
    The allocation of the first instalment has te be determined by taking
    into account actual trends on the market in question , the needs of the
    Member States and economic prospect for the period under consideration .
    In this case , this principle cannot be applied completely. For , during
    the past three years there were no imports in most of the Member States ,
    and in other Member States they were constantly decreasing . 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 .
4 . 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 ( see annex ) .
 ---pagebreak---                                           5
                                   Proposai for a
                              COUNCIL REGULATICN ( EEC )
         opening , allocating and providing for the admininistration of a
         Comnunity tariff quota for ruin , arrack and tafia , falling within
         subheading 22.09 C I of the Conmon Customs Tariff and originating in
         the overseas countries and territories associated with the European
         Economic Corrmunity ( 1986/1987 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Comnunity
and in particular Article 136 thereof ,
Having regard to Council Decision 86 /283 /EEC of 30 June , 1986 on the
association of the overseas countries and territories with the European
Economic Corrmunity ( 1 ) and in particular Annex V thereto ,
Having regard to the proposal from the Commission ,
Whereas Annex V to Decision 86 /283/EEC provides that rum, arrack and tafia
shall be imported into the Community free of customs duties within the
limits of a Community tariff quota ;
Whereas the Corrmunity has established by Council Decision 86 /47/EEC ( 2 )
extended by Decision 86/645 /EEC , arrangements for trade between the Kingdom
of Spain and the Portuguese Republic on the one hand and the overseas
countries and territories ( OCT ) on the other ; whereas this Decision
foresees for the application by the two Member States of the particular
provisions concerning the quota duties to be applied on imports of products
originating in the OCT ; 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 , equal to the amount of imports during the best of the past three
years for which statistics are available ; whereas to this quantity a growth
rate equal to 27 % is applied ; whereas the quota period ranges from 1 July
to 30 June of the following year ;
( 1 ) 0J No L 175 , 1.07.1986 , p. 1
( 2 ) 0J No L 63, 5.03.1986 , p. 95
( 3 ) 0J No L 380 , 31.12.1986 , p. 66
 ---pagebreak---                                                          6
     NX' in- rcas Community statistics for the years 1984 to
      I VK6 show that the highest volume of imports into the
     C ommunity of the products in question originating in
     the said countries and territories, namely 5 569
     hectolitres of pure alcohol, occurred in 1984 ;
Whereas, consequently, the quota volune should therefore
be fixed to 7 073 hectolitres of pure alcohol ;
whereas by application of the provisions of Article 3,
Paragraph 3 of the abovementioned Annex V the quota
vo lime in question should however be increased to 15 000 hectolitres
of pure alcohol .
  ■Ji licri as it is in particular necessary to ensure for all
  ( nmiminiiy importers equal and uninterrupted access
  to the abovementioned quota and uninterrupted
  application of the rates laid down for that quota to all
  imports of the products concerned into all Member
  Si.ites until the quota has been used up ; whereas,
  having regard to tiie above principles, the Community
   ii.mne of the quota can be respected by allocating the
  C ommunity tariff quota among the Member States ;
    Whe.cas, taking into account actual trends on the
    ma.kcts 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 approximately as
     follows :
                Benelux            60
                Denmark              -7
                Germany             10,8
                Greece                0,2
                 Spain                2
                 France               4
                 Ireland              4
                 Italy                2
                 Portugal             2
                 Uni ted Kingdom 8
  vi lioreas , in order to take into account import trends
 lot the products concerned in the various Member
 States , the quota volume should be divid'd IIHO iwo
 iiiM.ilriienis, the first being shared among the Membei
 Si.ues .ind the second constituting « reserve to cover
 at a later date the requirements of Member States
 which have used up 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 quou should, under the present
 circumstances, he fixed at 70 °/o of the quota volume ;
 ---pagebreak---                                                         Tr
                                                         i
      Whereas the Member Slates’ initial shares may be
      used up at different limes ; 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 drawn an additional share
      from the reserve , whereas this must be done by each
      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
        equircs close cooperation between the Member
        •tales and the Commission , and the Commission
      must be in a position to monitor the extent to which
      the quota volume has been used up and inform the
      Member States thereof ;
      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 it couid
       be used in others ;
        Whereas the development of imports into the
        Community of these products should be recorded and
        imports accordingly monitored ;
        Whereas, since the Kingdom of Belgium, the
         Kmgdom of the Netherlands and the Grand Duchy of
         Luxembourg ate united within and jointly represented
         by the Benelux Economic Union, any measure concer¬
         ning 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 1
1 . From 1 July 1987 until 30 June 1988 the products described below
    shall be imported int the Community free of customs duty within
    the limits of a Community tariff quota as follows :
    Order         CCT                                              Quota       Quota
     No           heading                  Description             volume      Duty
                  No                                               - hi of
                                                                  pure alcohol
   09.1621         22.09 C I          Rum , arrack and tafia ,
                                      originating in the overseas
                                      countries and territories
                                      referred to in Article 1
                                      of Decision 86 / 283 / EEC    15 000       free
 ---pagebreak---                                                         s
                                                       i
 2 . The rules of origin applicable to the products referred to
     in paragraph 1 shall be those set out in Annex II to
     Decision 86 / 283 / EEC .
3 . Within the limit of their shares as indicated in Article 2 Spain
     and Portugal shall apply customs duties calculated in accordance
     with the relevant provisions of the Act of Accession and of Decision
     86 / 47 / EEC , extended by Decision 86 / 645 / EEC .
                                           Article 2
                  I.    The Community tariff quota referred to in
                  Article I shall be divided into two instalments .
                  2     A first instalment, amounting to 1 n 500
                  hectolitres, shall be shared among the Member States ,
                  the respective shares, which subject to Article 5 shall
                  be valid until 30 June198lf shall be as follows in
                  hectolitres of pure alcohol :
                          Benelux                    6 300
                          Denmark                      740
                          Crrmany                    1 130
                          Greçce                        20
                           Spai η                      210
                           France                      420
                           Ireland
                           Italy                       SÎ8
                           Portugal                    210
                           United Kingdom              840
                  3.    The second instalment of 4500 hectolitres shall
                  constitute the reserve.
                                          Artide 3
                 1.    If V0 % or more of a 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 , by notifying the
                 Commission , draw a second share equal to 20 °/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 laid down in paragraph 1 , draw a third
                      share equal to 10 % of its initial share , rounded up where
                     necessary to the next unit .
 ---pagebreak--- 3      If, after its second share lias been used up , 90 %
nr more of the third share drawn by a Member State
lias been used up , that Member State shall , in
atcoiJancr with the same conditions , draw a fourth
share equal to the third .
This process shall continue until the reserve is used
np
4.      By way of derogation from paragraphs I , 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 reason for applying this
paragraph .
                           Article 4
Additional shares drawn pursuant to Article 3 shall be
valid until 30 June 1988 .
                           Article 3
The Member States shall return to the reserve , not
later than 1 Apr i 1 1988 the unused portion of their
initial share which , on 15 March 1988 is in excess of
 20 °/o of the initial volume . They may return a larger
quantity if there are grounds for believing that this
quantity may not be used .
The Member States shall , not later than 1 Apr i l 1988
 notify the Commission of the total quantities of the
   said goods imported up to 15 March 1988 inclus ve
   and charged against the Community quot:, ana of
   any quantities of the initial shares returned to the
   reserve .
                            Article 6
   The Commission shall keep an account of the shares
   opened by the Member states pursuant to Annie, 2
   and 3 and shall , as soon as it has betn notified ,
   inform each State of the extent to which * he reserve
   has been used up.
   It shaM inform the Member States , net later than 5
April IV«8 of the amount in the reserve a f'»» r
   quantity - have been returned pursuant to A i tide 5 .
   The Commission shall ensure tha the drawing which
   uses up the reserve is limited 'o rhe balance available
   and to this erd shall specif)' the at:- .uni thereof t the
   Member State wh>ch makes ihe last drawing .
 ---pagebreak---                                                          AC
                                                       -i
                                                         Artide 7
                               I      1 he  Member Suies shall take all measures
                              . ircessary to ensure that additional shares drawn
                              pursuant to Article 3 are opened m such a way that
                              imports may hi charged without interruption against
                              their ar cumulated shares of the Community quota .
                              2.      The Member States shall ensure that importers
                              ol the said products have free access to the shares
                              allocated to them .
                              3       I'hc extent to which a Member State has used
                              up us share shall be determined on the basis of the
                              imports of the goods in question entered with the
                              customs authorities for free circulation .
                                                       Article   8
                            I       In accordance with Article 6 of Annex \l        to
                            Decision C6/ 283/ 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
                            ol imports of the products in question actually charged
                            against the tariff quota during the preceding month .
                            Only products entered at customs in declarations for
                            tree circulation and accompanied by a movement
                            certificate conforming to the rules referred to in
                            Article I (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
                            lias been used up.
                            4       Where necessary, consultation may be held at the
                            request of a Member State or on the initiative of the
                            Commission .
                                                                           Artide 9
                                                  The Member States and the Commission shall
                                                  cooperate closely in order to ensure that this Regu ¬
                                                  lation is complied with .
                                                                          Artide 10
                                                  This Regulauon shall enter into force on1 July 1987.
This Regulation shall be binding in ns entirety and directly applicable in all Member
Stales .
Donc al Urussels ,
                                                                   For tbt Cotmctl
                                                                    The Pmidtnt
 ---pagebreak---                   Fiche d 1 impact sur la canpétitivité et 1 ' emploi
 Proposition de règlement ( CEE ) du Conseil , portant ouverture , répartition
 et mode de gestion d' un contingent tarifaire ccmnunautaire pour le rhum,
 l' arak et le tafia , relevant de la sous-position 22.09 C I du tarif
 douanier commun , originaires des pays et territoires d' Outre-mer associés à
 la Communauté économique européenne ( 1986/87 )
 I.     Quelle est la justification principale de la mesure ?
        Engagement de la Communauté
 II .   Caractéristiques des entreprises concernées
        En particulier :
        - Y a-t-il un grand nombre de PME ?
        - Note t' on des concentrations dans des régions :
          - éligibles aux aides régionales des E.M. ?
          - éligibles au Feder ?
III .   Quelles sont les obligations imposées directement aux entreprises ?
        Néant
IV.     Quelles sont les obligations susceptibles d' être imposées
        indirectement aux entreprises via les autorités locales ?
        Néant
V.      Y a-t-il des mesures spéciales pour les PME ? Non
        - Lesquelles ?
VI .    Quel est l' effet prévisible ?
        - sur la compétitivité des entreprises ? Non recherché
        - sur 1 ' emploi ? Maintien ou amélioration de 1 ' emploi
VII . Les partenaires sociaux ont-ils été consultés ? Non
VII .
        - avis des partenaires sociaux