CELEX: 51994PC0187
Language: en
Date: 1994-05-19
Title: Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of a Community tariff quota for rum, tafia and arrack originating in the overseas countries and territories associated with the European Community (OCT) (1994/95)

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                       COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                      C0M(94) 187 final
       iiÉI                                                          Brussels. 19.05.1994
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                                                       Proposal for a
                                                  COUNCIL REGULATION (EC)
                         opening and providing for the administration of a Community tariff quota
                            for rum, tafia and arrack originating in the overseas countries and
                                  territories associated with the European Community (OCT)
                                                          (1994/95)
                                               (presented by the Commission)
 ---pagebreak---                                       SI
                             EXPLANATORY MEMQRANPUM
1.   Annex V to Council Decision 91/482/EEC of 25 July 1991 stipulates that
      rum, tafia and arrack falling within CN codes 2208 40 10, 2208 40 90,
      2208 90 11 and 2208 90 19 and originating in the overseas countries
      associated with the EC shall be imported into the Community free of
      customs duty within the limits of a tariff quota to be fixed annually
     by the Community.
     Because of the characteristics peculiear to the market in rum, the
      quota period runs from 1 July to 30 June of the following year.
     The Annex further stipulates that for 1994 and 1995, the volume of the
      quota will be equal to that of the previous quota period plus an
      additional 1 740 hi of pure alcohol.   The volume of this quota, for
      the period 1st July 1994 to 30 June 1995 it therefore increased to
      16 740 hectolitres of pure alcohol.
2.    It Is therefore appropriate to set the preferential regime In motion
     by the opening of a Community tariff quota for rum, tafia and arrack,
     originating in the overseas countries and ter I tor les associated with
      the Community.
     This is the purpose of the attached proposai.
ANNEX : 1 proposa I for a reguIat Ion
 ---pagebreak---                                   Proposal for a
                       COUNCIL REGULATION (EC) No      /94
                                 of
         opening and providing for the administration of a Community
              tariff quota for rum, tafia and arrack originating
                in the overseas countries and territories (OCT)
                      associated to the European Community
                                    (1994/1995)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 91/482/EEC of 25 July 1991 on the
association of the overseas countries and territories with the European
Community,1 and in particular Annex V thereto,
Having regard to the proposal from the Commission,
Whereas Annex V to Decision 91/482/EEC stipulates that rhum, tafia and
arrack are imported into the Community free of customs duties within the
 limits of a Community tariff quota;
Whereas until 31 December 1995 the Community sets the quantities which may
be imported free of customs duties; whereas under the terms of the said
annex, the volume of the quota for the year 1994 and 1995 will be equal to
that of the previous year increased by 1 740 hectoliter of pure alcohol;
Whereas, the volume of the annual tariff quota for the period 1st July 1993
to 30 June 1994 is 15 000 hectolitres of pure alcohol, whereas this volume
is to be increased by 870 HAP for the second half of 1994 and by 870 HAP
for the first half of 1995; whereas the volume of the annual tariff quota
for the period 1st July 1994 to 30 June 1995 shall be fixed at 16 740
hectolitres of pure alcohol;
     OJ No L 263, 19.9.1991, p.1
 ---pagebreak---                                      H
Whereas equal and continuous access to the said quota should be ensured for
all Community importers and the rates laid down for the quotas should be
applied consistently to all imports of the products in question into all
the Member States until the quota is exhausted; whereas the decision for
the opening of tariff quotas in fulfilment of its international obligations
should be taken by the Community; whereas, to ensure the efficient common
administration of these quotas, however, there is no obstacle to
authorizing the Member States to draw from the quota volumes the necessary
quantities corresponding to actual imports; whereas, however, this method
of administration requires close cooperation between the Member States and
the Commission and the latter must, in particular, be able to monitor the
rate at which the quotas are used up and inform the Member States
accordingly;
HAS ADOPTED THIS REGULATION:
                                 Article 1
1.   From 1 July 1994 to 30 June 1995 the following products originating in
     the OCT shall be imported into the Community free of customs duty
     within the limits of the relevant Community tariff quota shown below:
 Order No    CN code       Description         Quota Volume    Quota duty
                                              (in hi of pure
                                                  a IcohoI
 09.1621  2208 40 10  Rum, tafia and arrack        16 740         Free
          2208 40 90
          2208 90 11
          2208 90 19
 ---pagebreak---                                        5"
  2.   The rules of origin applicable to the products referred to in
       paragraph 1 shall be those laid down in Annex II to
       Decision 91/482/EEC.
                                    Article 2
 The tariff quota referred to in Article 1 shall be administered by the
 Commission, which may take all appropriate administrative measures to
 ensure the effective administration thereof.
                                    Article 3
  If an importer presents in a Member State a declaration of entry for free
 circulation together with a request for preferential treatment for a
 product covered by this Regulation, and the declaration is accepted by the
 customs authorities, the Member State concerned shall inform the Commission
and draw an amount corresponding to these requirements from the quota
volume.
Requests to draw from the quota, indicating the date of acceptance of the
said declarations, must be transmitted to the Commission without delay.
Drawings shall be granted by the Commission by reference to the date of
acceptance by the customs authorities of the Member State concerned, of the
declarations of entry for free circulation, provided the residual balance
so permits.
 If a Member State does not use the quantities drawn, it shall return them
to the quota as soon as possible.
 If the quantities requested are greater than the available balance of the
quota volume, allocation shall be made on a pro rata basis.    The Member
States shall be informed by the Commission of the drawings granted.
                                   Art icle 4
Each Member State shall ensure that importers of the products concerned
have equal and continuous access to the quota as long as the residual
balance so permits.
 ---pagebreak---                                       6
                                   Article 5
The Member States and the Commission shall cooperate closely to ensure that
 this Regulation is complied with.
                                  Article 6
This Regulation shall enter Into force on the day following that of its
publication in the Official Journal of the European Communities.
 It shall apply from 1 July 1994.
         This regulation shall be binding in its entirety and directly
         applicable in all Member States.
Done at Brussels,
                                                     For the CounciI
                                                    The President
 ---pagebreak---                                     T
                           FINANCIAL STATEMENT
1. Budget heading:    Chapter 12, Article 120
2. Leoal basis:       Article 136 of the Treaty
3. Title of tariff measure:   Propoeal for a Council Regulation opening
   and providing for the administration of a Community tariff quota for
   rum, tafia and arrack (CN codes 2208 40 10, 2208 40 90, 2208 90 11,
   2208 90 19) originating in the overseas countries and territories
   associated with the European Community (OCT) (1994/1995)
4. Aim:     To implement an autonomous measure (Decision relating to the
   association of Overseas Countries and Territories to the EC)
5. Method of calculation:
   CN codes: 2208 40 10, 2208 40 90, 2208 90 11, 2208 90 19
   Volume of the quota: 16 740 hi
   Duty to be applied: free
   Normal CCT duty:
       in containers holding 2 litres or less:    ECU 1/% vol/hi
                                                  + ECU 5/hl
      in containers holding more than 2 litres:   ECU 1/X vol/hl
 ---pagebreak---                                      8
6. loss of revenue:
   The loss stands at ECU 1 784 775 for the period 1.7.1994 to 30.6.1995
   (containers holding 2 litres or less: 1 055 hi; containers holding
   more than 2 litres: 15 685 hi).
   For the period 1993/94 a loss of 1 504 725 ECU has been recorded.
   Method Qf calculation
   16 740 X 400 -     1 055 (< 2 I)
            6 346
   16 740 X 5 946 -  15 685 (> 2 I)
            6 346
                                     16 740
    1 055 x 105 -   110 775
   16 740 x 100 - 1 674 000
                             ECU  1 784 775
 ---pagebreak---                                          3
                                                                    ESN 0254-1475
                                                             COM(94) 187 final
                                                      DOCUMENTS
EN                                                                   03 11 02
                                 Catalogue number : CB-CO-94-200-EN-C
                                                            ISBN 92-77-68529-8
Office for Official Publications of the European Communales
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