Council Regulation (EEC) No 1867/88 of 29 June 1988 opening, allocating and providing for the administration of a Community tariff quota for rum, arrack and tafia originating in the African, Caribbean and Pacific States (ACP) (1988 to 1989)

COUNCIL  REGULATION (EEC) No 1867/88
of 29 June 1988
opening, allocating and providing for the administration of a Community tariff quota for rum, arrack and tafia originating in the African, Caribbean and Pacific States (ACP) (1988 to 1989)
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 5 annexed to the Third ACP-EEC Convention, signed at LomĂŠ on 8 December 1984 (1), provides that products originating in the African, Caribbean and Pacific States (ACP) which fall within CN codes 2208 40 10, 2208 40 90, 2208 90 11 and 2208 90 19 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; wheres 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 37 % on the market of the United Kingdom and 27 % on the other markets of the Community; whereas, however, in accordance with Article 3 (1) of the Protocol to the Third ACP-EEC Convention consequent on the Accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (2), implemented in advance by Regulation (EEC) No 1820/87 (3), the minimum quantity in Article 2 (a), second subparagraph, of Protocol 5 on rum has been increased to 172 000 hectolitres;
Whereas, pursuant to the said Protocol, the Kingdom of Spain and the Portuguese Republic shall become contracting parties to the said ACP-EEC Convention; whereas Regulation (EEC) No 1820/87 provides for special arrangements for the quota duties to be applied by those two Member States; whereas by reason of the particularities peculiar to the market in rum the quota period ranges from 1 July to 30 June;
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 annual quota volume would amount to 159 444 hectolitres of pure alcohol; whereas this volume being less than the threshold established by Regulation (EEC) No 1820/87, the quota volume for the period from 1 July 1988 to 30 June 1989 must be fixed at 172 000 hectolitres of pure alcohol;
Whereas, during the past three years for which statistics are available, Member States' imports have been as follows:
(in hectolitres of pure alcohol)
1.2.3.4 //  //  //  //  // Member State  // 1985   // 1986  // 1987   //    //   //   //   // Benelux   // 6 263   // 6 407   // 6 264   // Denmark   // 2 271   // 2 020   // 1 884  // Germany   // 40 922   // 36 183   // 33 570   // Greece  // 57   // 50   // 50   // Spain   // n.c.   // 90   // 244  // France   // 2 534   // 1 637   // 1 929   // Ireland   // 2 224   // 2 151   // 2 060   // Italy   // 426   // 437   // 800   // Portugal   // 2   // -   // 7   // United Kingdom   // 65 675   // 69 757   // 72 040   //    //   //   //
Whereas, in view of these factors, of market forecasts for the products in question and of the estimates submitted by certain Member States, quota shares may be fixed approximately at the following percentages:
Benelux 5,29
Denmark 1,73
Germany 30,92
Greece 0,04
Spain 0,09
France 1,71
Ireland 1,80
Italy 0,46
Portugal 0,00
United Kingdom 57,96
Whereas an arrangement for using the Community tariff quota, based on an allocation between the United Kingdom on the one hand and the other Member States on the other, would seem likely to reconcile the application of the growth rates provided for in Protocol 5 with the uninterrupted application of the duty-free entry arrangements in respect of the said quota to all imports of the products concerned into the Member States until the quota is exhausted; whereas in order to reflect as closely as possible actual market trends for the products concerned, allocation of the Community tariff quota among Member States should be made in accordance with the requirements of the Member States; whereas, in this case, the tariff quota should be allocated among the Member States on the basis of the largest quantities imported annually into each Member State during the past two years and taking into account the abovementioned growth rates;
Whereas measures should be laid down to ensure that Protocol 5 is implemented under conditions such as to permit the development of traditional trade flows between the ACP States and the Community, on the one hand, and between the Member States on the other;
Whereas, owing to the special character of the products in question and their sensitivity on Community markets, exceptional provision should be made for a method of use based on a single division among Member States;
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 measure concerning the administration of the share allocated to that economic union may be carried out by any one of its members,