CELEX: 51976PC0191
Language: en
Date: 1976-05-06
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for products falling within subheading 22.09 C I of the Common Customs Tariff, originating in the ACP States (1976/1977) (submitted to the Council by the Commission).

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 191
Vol. 1976/0060
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(76)191 final
                                                         Brussels , 6 Kay 1976
                                 Proposal for a
           ■             REGULATION (EEC ) OF THE COUNCIL
        on the opening , allocation and administration of a Community
        tariff quota for products falling within subheading 22.09 C I
        of the Common Customs Tariff , originating in the ACP States
                                   ( 1976/1977 )
                ( submitted to the Council "by the Commission ) .
                                                            /     \
C0M("6 ) 191 final
 ---pagebreak---                 EXPLANATORY MEMORANDUM
The Convention between the ACr States and the EEC together with
Protocol No 7 provides that the products falling within subheading No
22.09 C I of the CCT ( rum , arrack , tafia ), originating in the ACP
States , shall be imported duty free into the Community . These
preferential arrangements are restricted , however , 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 40% on the British market and 13% on the other
Community markets .
The declaration conjtained in the Council Minutes (meeting of 13-15
January 1975) provides for the allocation of the annual quantity among
the Member States under Community Tariff quota arrangements .
On the basis of an exchange of letters relating to the advance
implementation of these provisions the Community has already opened a
Community tariff quota for the goods in question . This tariff quota
ends on 30 June 1976 . Therefore , such a tariff quota has to be opened
for a new period from 1 July 1976 until 30 June 1977 .
Imports of the products concerned during the last three years were as
follows
                                      - in hectolitres of pure alcohol -
                     1973                   1974           1975
Bénélux              2 422                 3  399          2 914
Denmark              2 604                 2  608          2 720
Germany              2 600                 9  153         14 624
France               4 627                10  424          8 169
Ireland              1 599                  1 898          1 654
Italy                  500                    602            103
United Kingdom      84 422                93 056          72 181
                    98 774               121 140         102 365
 ---pagebreak---                                    2
   The quota volume to be taken into account on this basis for the
   period from 1 July 1976 until 30 June 1977 should be 162 013 hecto-
   litres of pure alcohol .
3. In this case , exceptional provision should be made not to divide
   the quota volume into two instalments including a reserve . A method
   of use is therefore provided for based on a single allocation
   amongst Member States .
   This allocation should be based on the largest quantities imported
   annually into each Member State during the three years referred to
   above , taking into account , however , the two previously mentioned
   growth rates .
4. It is proposed that the proposal for a Council Regulation described
   above should be approved ( see annex) .
 ---pagebreak---                               Proposal for a
                   COUNCIL REGULATION ( EEC) N°
                              of
     on the opening f allocation and administration of a Community tariff
     quota for products falling within subheading 22.09 C I of the
     Common Customs Tariff , originating in the ACP States ( 1976/ 1977 ).
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ,
Having regard to the proposal from the Commission,
Whereas the ACP-EEC Lome Convention signed on 28 February 1975 , together
with Protocol 7 annexed thereto , provides that
until the entry into force of a common organization of the market in spirits ,
products falling within tariff subheading 22.09 C I ( rum , arrack , tafia ),
originating in the ACP States , shall be imported into the Community free of
customs duties under conditions such as to permit the development of tradi­
tional trade flows between the ACP States and the Community and between the
Member States ; whereas the Community shall fix each year the quantities which
may be imported free of customs duties on the basis of the largest quantities
imported annually from the ACP States into the Community in the last three
years for which statistics are available , increased by an annual growth rate
of 40% on the market of the United Kingdom and 13% on the other markets of
the Community , these growth rates being based on foreeable internal demand
in each Member State ;
Having regard to the levels reached by imports of the products concerned
into the Community and the Member States during the last three years for
which statistical information is available ; whereas the amount of the
tariff quota for the period from 1 July 1976 to 30 June 1977 should
therefore be fixed at 162 013 hectolitres of pure alcohol ;
 ---pagebreak---                                     2
Whereas a Community tariff arrangement based on an allocation between the
Member States would seem to preserve the Community nature of the quota ;
whereas in this case the tariff quota should be allocated amongst the
Member States on the basis of the largest quantities imported annually
into every Member State during the three last years and taking into account
the above mentioned growth rates ;
Whereas , owing to the special character of the products in question and
their sensivity on Community markets , exceptional provision should be
made for an arrangement based on a single allocation amongst Member States ;
Whereas , since the Kingdom of Belgium, the Kingdom of the Netherlands and
the Grand Duchy of Luxembourg are jointly represented by the Benelux
Exconomic 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 1
From 1 July 1976 until 30 June 1977 rum , arrack and tafia falling within
subheading 22.09 C I of the Common Customs Tariff , originating in the ACP
States , shall be imported duty free into the Community within the limits
of a Community tariff quota of 162 013 hectolitres of pure alcohol .
                               Article 2
The Community tariff quota referred to in Article 1 shall be allocated
amongst the Member States as follows :
                                              (hectolitres o.f pure alcohol )
                     Bénélux                            3 205
                     Denmark                            2 570
                     Germany                           13 805
                     F rarice                           9 806
                     Ireland                            1 777
                     Italy                                572
                     United Kingdom                   130 278
                                                                 / i • •
 ---pagebreak---                                      3
                                Article 3
 1.   Member States shall ensure that importers of the goods in question , who
      are established in their territory , shall have free access to the shares
      allocated to them .
 2.   The extent to which the Member States have used up their shares shall
      be determined on the basis of the imports of the products in question
      originating in the said countries and territories declared at customs
      for clearance for home use .
                                Article 4
 1.   Member States shall inform the Commission each month of imports
      actually charged against the tariff quota .
 2.   The Commission shall regularly inform the Member States of the extent
      to which the tariff quota has been used up .
 3.   Where necessary , consultations may be held at the request of a Member
      State or on the initiative of the Commission .
                                Article 5
The Commission shall take all necessary measures to ensure the implementation
of this Regulation in close co-operation with the Member States .
                                Article 6
This Regulation shall enter into force on 1 July 1976 .
     This Regulation shall be binding in its entirety and
     directly applicable in all Member States .
Done at Brussels ,                                  For the Council
                                                     The President