CELEX: 51981PC0216
Language: en
Date: 1981-05-06
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 ACP States (1981/82) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 216
Vol. 1981/0079
 ---pagebreak--- Disclaimer
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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
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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(81)216 final
                                             Brussels , 6 May 1981
                              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 ACP States        ( 1981 / 82 )
              ( submitted to the Council by the Commission )
                              / \ *
                             Λ"
                           Λ
                         ( -
  C0M(81 ) 216 final
 ---pagebreak---                               EXPLANATORY MEMORANDUM
1 . Protocol No 5 annexed to the Convention between the ACP States and
    the EEC ( Lome II ) provides that the products falling within sub­
    heading 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 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 certain
    annual growth rates .
           f ■                   \                    •
    But in order that this tariff measure is also applicable in Greece
    an adapting protocol to the Convention must be concluded between the
    ACP States and the Community .      Because such a protocol does not eifl-h
    the tariff measure in question will apply only to the Community of
    Nine .
2 . The preferential system " in question should therefore be put into ,
    force and a Community tariff quota . should be opened for rum ,
    arrack and tafia originating in the ACP States .      Because there
    has already been taken an identical measure until 30 June 1981
    this tariff quota should be opened for the period 1 July 1981 to
    30 June 1981 .
3 . Community imports of the goods concerned during the last three-
    years were as follow :
                                     in hectolitres of pure alcohol
                                   1978            1979              1980
    Bénélux                     6 218             4 897            15 860
    Denmark                     1 559             1 661             1 959
    Germany                    30 566            24 587            34 295
    France                      2 774             2 899             4 194
    Ireland                     2 432             2 337             2 124
    Italy                           343             474               413
    United Kingdom             90 363            94 778            85 423
    EC                        134 255           131 633           144 268
 ---pagebreak---                                      - 2 -
     The quota volume to be taken Into account on .this basis for the
     period 1 July 1981 to 30 June 1982 should be 189 029 hectolitres .
     of pure alcohol .           '
4 . The administration of this tar i ff , measure in the form of a Community
     tariff quota has the aim qf ensuring that :
     - imports of the prociuct ^ in question do not exceed the global
        volume fixed ,
     - each Community importer has. equal and continuous access to the
        said quota ,
     - the preferential rate is applied without interruption to all
      * Imports in all the Member States , and
     - in particular , the preferential rate is applied uniforniy and
        constantly throughout the Community .                    ^
                                           Ν
     The facility for drawing supplementary quota-shares from the
     Community reserve ancj the obligation to return unused quantities -
     two fundamental rules in the context of Community measures -
     are capable of being run in accordance with these principles .
5 . 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 ..                 J
   - The calculation of these shares is base^on the imports of the
     products in question from ACP States during the previous three
     years , 1978 , 1979 , 1980 and the economic outlook for the period
     in question , respecting , however , the growth rates mentioned
     under point 1 .
6 . The annexed table shows in detail the amounts actually charged ,
     against the tariff quotas in question ( periods 1977 / 78 , 1978 / 79 ,
      1979 / 80 and 1980 / 81 ).
7 . It is proposed that the draft for a Council Regulation described
     above should be approved ( see annex ).
 ---pagebreak---                                        .          ' ACP - Rum - heading 22.09 C .1
                                                                            *.     .      .            1      '    ■ ■ ■  ■'
                                         Amounts actually charged against the tariff quotac.
                                           opened . for; ~1 977/78, 1978/79 , "19 79/80 and 1980/81
                       ,   1977 / 78 - ^                           1978 / 79                                    1979 / 80                     I
                                                                                                                                                     1980 / 81 ( 31 . 12.80 )
   Member    Volume of          Amount actual- Volume of               Amount actual-         Volume of ■].            Amount actual-             Volume 0 f       Amount actu-
             the quota           ly charged         the quota          ly charged
   State
                   - hi -   '     - hi -                    - hi -  :      - hi -      -%-
                                                                                             the quota
                                                                                                -    - hl-
                                                                                                                       ly charged
                                                                                                                         - hi -         -%-
                                                                                                                                              I
                                                                                                                                                 the mot éi        ally     charge «
                                                                                                                                                                     – hi.– ~~ /a
Benelux              5 926         5 143 .   87               6.000         5 816       97               6 912             5 731         83     .      7 631          7 631    100
                                              • '        ·"
Denmark         r    4 000         1 577     39      •    · 3.698           1 448       39               3 . 722                 938 "   25        -   2 443       ,      626     27
Germany            24 000       ' 20 956     87           ■ 24 706         24 706      100 *         33 . 919            28 . 531        84        •  35,714        20 000        56
F rance            11 395 "        5 509     48               9 022:        3 551 '  ! '39'       ■      6 449               1 , 144   , 18            5 438 .        2 479       45
Ireland               1 000          682    "68               1 000      -   ' 492      49        '      2 704               1 . 154     43            3.209          1   131  ■ 35
Italy ·   '■         ;   658         295     45          ..     '424    \      424     100    .      ■       426 ,               351     82               535             248   . 46
United                                                                                                                                                               44 . 455     36
                  126 030         83 337     66        . 116 957        103 872         89          122.6.45             85 . 256        69 '        123 .330
     Kingdom
                                                                                                                                '105                 178 300 -       76 570       43
E.C.           v 173 909        •117 489     68           161 807       140 309         87          176 837             123              70
 ---pagebreak---                                                        Proposal TOP 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 ACP States ( 1981/82 )
 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 Protocol No 5 annexed to the
 Second ACP-EEC Convention , signed at
 Lome on 31 October 1979 ( 1 ), ■ ' ,
                                        provides that products
  originating in the ACP States which fall within                                        ' -   -
  subheading 22.09 C I of the Common Customs Tariff                                          '
  shall, until the entry into force of a common
  organization of the market in spirits, be allowed into
  the Community free of customs duties under conditions
  such as to permit the development of traditional 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 past three years for
  which statistics are available, increased by an annual
  growth rate of 40 % on the market of the United
  Kingdom and 18 % on the other markets of the
  Community;                                                                                   \
   Vnrrcai , tince a Profocol a » provided for in Article
• i !K of i!ie1979 Act of Accession of Greece does not exist , the
   Community muu adopt the mcaturri referred to in
   Aisii'le 11V of tlic Ail ; whcrea » the tariff measure
   concerned will , ilien-forr , apply to ihc Community " as constituted
  prior to the accession of Greece ;
    Whereas, having regard to the levels reached by imports
    of the products concerned into the Community and the ,
    Member States during the past three years for which
    statistics are available, the size of the tariff quota for the
    period 1 July 1981 to 30 June 1982 should be fixed at
  189 029 hectolitres of pure alcohol;
    ( 1 ) 0J NO L 347 , 22.12.1980 , p. 141 .
 ---pagebreak--- Whereas it is in particular necessary to ensure for all
Community 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
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, during the past three years for which statistics
are available, the corresponding imports by each of the
 Member States represent the following percentages of
 the imports into the Community from the countries in
 question of the products concerned:
         Member Sutes                    1978      1979   1980
Benelux                                   4 6       3-7   11.0
Denmark                                 . 1-2       1-3     1.4
Germany                                  22-8      18-7   23.7
France                                    2-0       2-2    2.9
 Ireland                                  1-8       1-8     1.5
 Italy                                    0-3       0-3     0.3
 United Kingdom                          67-3      72-0   59.2
                                                           II II ... Ι . Τ
 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                              6.58
         Denmark                              1.26
         Germany                            21.80
         France                               2.40
         Ireland '                            1.64
         Italy                                0.30
         United Kingdom                     65.97
 ---pagebreak---                                                 - 3 -
Whereas, in order to cake 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
Stares 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 00 % of the quota volume;
Wfereas 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
From 1 July 1981 to 30 June 198£ rum, arrack and
tafia falling within subheading 22.09 C I of the
Common Customs Tariff and originating in the ACP
States, shall be imported duty free into the Community >as constituted prior to the accession
of Greece within the limits of a Community tariff quota of 189 029
hectolitres of pure alcohol .                         „       .
                            Article 2
 1 . The Community tariff quota referred to in Article 1
 shall be divided into two instalments.
 2. A first instalment, amounting to'' ^ ^hectolitres
 shall be shared among the Member States; the
 respective shares, which subject to Article 5 shall be
valid until 30 June 198?. shall be as follows :
                                           (hectolitres 0f pure alcohol )
        Bénélux                                             11 194
        Denmark                                              2 144
        Germany                                             37 084
        France                                               4 082
        Ireland                                          .   2 875
    '   Italy                                     . ■           510
        United Kingdom                                     112 232
                                     18 903
  3 . The second instalment or               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 15 % 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 7-5 % of its initial share, rounded
  up where necessary to the next unit.
 ---pagebreak---                                                      - 5 -
 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.
                        \
 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 198 2 •
                           Article S
The Member States shall return to the reserve, not later
than lMa reft 98 2 ^ the unused portion of their initial
share which, on 15 /           1982 , is in excess of 20 % of  / February
 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 iMa r C $98 2,
notify the Commission of the total quantities ot the said
goods imported up to 15 / . 198 2 inclusive and
 _L _ . 3             ,   ^     February
charged against the Community quota, and 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 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 |V)a p C h
1982, of the amount in the reserve after quantities have
been returned pursuant to Article 5 .
The Commission shall ensure that tne 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.
 ---pagebreak---                                                     - 6 -
                            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 Q
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 9
The Commission shall take all necessary measures, in
close cooperation with the Member States, to ensure the
implementation of this Regulation. .
                           Article    in
Council Regulation (EEC) No 1470/80 of 9 June 1980
on the safeguard measures provided for in the second
ACP-EEC Convention ( l) shall apply in respect of the
products covered by this Regulation.
                           Article    11
This Regulation shall enter into force on 1 July 198 1
( ') OJ No L 147, 13 . 6. 1980, p. 4.
 ---pagebreak---                                          - 7 -
This Reguiarion shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
                                                                  For the Council
                                                                    The President
                                                                    r