CELEX: 51982PC0223
Language: en
Date: 1982-04-28
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 (1982/83) (Submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 223
Vol. 1982/0092
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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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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM ( 82 ) 223 final.
                                                      Brussels -, 28 April 1982
                                          Proposal tor 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
               A.
            and originating in the overseas countries and territories
          /-        ...                 Α
          'associated with the European Economic Community ( 1982 / 83 )
         associa
                  s
         h--                          ; 51
          >          "· */ Γ
          Y ,.
                                    >7
                        isubtoitted to the Council by the Commission )
  C0M(82 ) 223 final
 ---pagebreak---                         EXPLANATORY MEMORANDUM
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 3uly 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)
                                          1979            1980         1981
Bénélux                                     19              10
Denmark                                     32              51
Germany                                59,723          55,625        52,261
Greece
France
Ireland                                                    100
Italy
United Kingdom                              22               2            22
                                       59,796          55,788        52,283
      It follows from these figures that the quantities relative to the year
      1979 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 IS 96.
 ---pagebreak---                                 - 2 -
     In these circumstances , the volume of the Community tariff
     quota for the period from 1 July 1982 to 30 June 1983 should
     be fixed at 70.559 hectolitres of pure alcohol .
3.   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 prospect for the
     period under consideration .
     However , in this case , this principle cannot be applied com­
     pletely . 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 .
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---                                     PROPOSAL EOS 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 territo­
      ries associated with die European Economic Community (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 Council Decision 80/ 1186/EEC of
                    16 December 1980 on the association of the overseas
                   countries and territories with the European Economic
                    Community ( '), 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 imported
                    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 1 8 % is to be
                    applied, equal to the amount of imports during the
                    best of the past 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 1982 to 30 June 1983 ;
                   Whereas Community statistics for the years 1979 to
                    1981 show that the highest volume of imports into
                    the Community of the products in question origi­
                   nating in the said countries and territories, namely
               59 796 hectolitres of pure alcohol, occurred in 1979 ;
                   whereas, in the light of consumption and production
                   within the Community and of the development of
                   trade both within the Community and between the
                   Community, the countries and territories and the ACP
                   States, the rate of growth for the quota period in ques­
                   tion may be fixed at 18 % ; whereas the Community
                   tariff quota for the period 1 July 1982 to 30 June
                    1983 should therefore be fixed at 83 01 1 hectolitres of
                   pure alcohol ;
                   (M OJ No L 361 , 31 . 12. 1980, p. I.
 ---pagebreak---                          - 2 -
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrrupted
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 States until the quota has been used
up; whereas, having regard to the above principles,
the Community nature of the quota can be respected
by allocating the Community tariff quota among the
Member States ; whereas, in order to reflect as
accurately as possible the actual trend of the market
in the products in question, such allocation should be
in proportion to the requirements of the Member
States, calculated by reference to the statistics of each
State's imports of the said products from OCT over a
 representative reference period and also to the
economic outlook for the quota period in question ;
  Whereas, during the past three years for which statis­
  tics are available, the corresponding imports by each
  of the Member States represent the following percen­
  tages of the imports into the Community from the
  countries in question of the products concerned :
          Member States         197 9    1980      198 '1
  Benelux                      0.03 0.02            –
  Denmark                      0.05    0.09         -
  Germany                     99.88 99.70        99.96
 Greece                           -       -        -
  France                          _       _        _
  Ireland                         -
                                       0.18        -
  Italy                           -       -        -
  United Kingdom               0.04    0.01        0.04
  whereas, in view of these factors of market forecasts
  for the products in question and of the estimates
  submitted by certain Member States, initial quota
  shares may be fixed approximately at the following
  percentages :
          Bénélux                          0.020
          Denmark                          0.010
          Germany                        99.890
          Greece                           0.005
          France                           0.010
          Ireland                          0.020
          Italy                            0.005
          United Kingdom                   0.020
 ---pagebreak---                                - 3 -
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 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 quota should, under the present
circumstances, be fixed at 9O % of the quota volume ;
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
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 could
be used in others ;
Whereas, since the Kingdom of Belgium, the
 Kingdom of the Netherlands and the Grand Duchy
of Luxembourg are united within and jointly
 represented by the Benelux Economic Union, any
 operation relating to the administration of the quota
 shares allocated to that economic union may be
 carried out by any one of its members,
 ---pagebreak---                                           - 4 -
             HAS ADOPTED THIS' REGULATION :
                                       Article 1
              1 . From 1 July 1982 to 30 June 1983 rum, arrack
              and tafia falling within subheading 22.09 C I of the
              Common Customs Tariff and originating in the coun­
              tries 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 Commu­
              nityy tariff
                     lanii quota
                           uuuia of          hectolitres of pure alcohol.
                           M       70 559
              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 .
                                             as indicated in Article 2 ,
            3 . 'Within the limit of its share,/ the Hellenic
                  Republic shall apply customs duties calculated in
                  accordance with the relevant provisions of the 1979
                  Act of Accession and of Regulation (EEC) No
                  439/81 (1).'
                                       Article 2
             1.     The Community tariff quota referred to in
             Article 1 shall be divided into two instalments .
             2 . A first instalment, amounting to 63 000
             hectolitres shall be shared among the Member States ;
             the respective shares, which subject to Article 5 shall
             be valid until 30 June 1983, shall be as follows :
                                           -( in hi of pure alcohol .)
               – Benehix :
               – Denmark : ■                            60
               – Germany:                         62.400
               – Greece :                               ^
                                                        30
                                                        60
               – France :
                                                       120
               – Ireland :
                                                        30
               –; Italy :                              120
               – United Kingdom :
                 3.    The second instalment of" 59 hectolitres shall
                 constitute the reserve .
                                          Article 3
                 1.    If 90 % 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 1 5 % of
                its initial share, rounded up where necessary to the
                next unit, to the extent permitted by the amount of
                the reserve.
( 1 ) 0J n0 L 53 , 27.2.1982 , p. 19 .
 ---pagebreak---                         - 5 -
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 7-5 % of its
initial share, rounded up where necessary to the next
unit.
3. If, after its second share has been used up, 90 °/p
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 .
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.
                          Article 4
  Additional shares drawn pursuant to Article 3 shall be
 valid until 30 June 1983
                          Article S
 The Member States shall return to the reserve, not
 later than 1 April 198j the unused portion of their
 initial share which, on      March 1983, is in excess of
 20 % 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 April 198 3,
 notify the Commission of the total quantities of the
 said goods imported up to 15 March 198 3 inclusive
 and charged against the Community quota, and of
 any quantities of the initial shares returned to the
 reserve .-
 ---pagebreak---                            ~ 6 -
                          Article 6
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2
and 3 and shall as soon as it has been notified, inform
each State of the extent to which the reserve has been
used up.
It shall inform the Member States, not later than
5 April 1925 of the amount in the reserve after
quantities have been returned pursuant to Article 5 .
The Commission shall ensure that the drawing which
uses up the reserve is limited to the balance available
and to this end shall specify the amount thereof to the
Member State which makes the last drawing.
                         Article 7
1.      The Member States shall take all measures
necessary to ensure that additional shares drawn
pursuant to Article 3, are opened in such a way that
imports may be charged without interruption against
their accumulated 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 .
3.      The 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 .
                           Article g
   1 . In accordance with Article 6 of Annex IX to
   Decision 80/ 1186/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
    of imports of the products in question effected during
    the preceding month ; only products entered at
    customs in declarations for free circulation and accom­
    panied by a movement certificate conforming to the
    rules referred to in Article 1 (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
    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,
 ---pagebreak---                                     - 7 -
                                     Article S
            The Member States and the Commission shal
             cooperate closely in order to ensure that this Regu­
             lation is complied with .
                                    Article IL
             This Regulation shall enter into force on      1 J u lv
             1982 .
This Regulation shall be binding in its entirety and directly applicable in all Membei
States .
Done at Brussels,         198 2 .
                                                                    For the Council
                                                                     The President