Council Regulation (EEC) No 1969/89 of 30 June 1989 opening and providing for the administration of a Communiy tariff quota for rum, arrack and tafia, originating in the overseas countries and territories (OCT) associated with the European economic Community (1989/90)

COUNCIL REGULATION (EEC) No 1969/89  of 30 June 1989  opening and providing for the administration of a Communiy tariff quota for rum, arrack and tafia, originating in the overseas countries and territories (OCT) associated with the European  Economic Community (1989/90)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Decision 86/283/EEC of 30 June 1986 on the association of the overseas countries and territories with the European Economic Community (1), and in particular Articles 3 and 4 of Annex V thereto,
Having regard to the proposal from the Commission,
Whereas Annex V to Decision 86/283/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 Community has established by Decision 86/47/EEC (2) as extended by Decision 86/645/EEC (3), arrangements for trade between the Kingdom of Spain and the Protuguese Republic on the one hand and the overseas countries and territories (OCT) on  the other; whereas this Decision lays down provisions concerning the quota duties to be applied by those two Member States on imports of products originating in the OCT;
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, equal to the amount of imports during the best of the past three years for which statistics are available and to  which quantity a growth rate equal to 27 % is applied; whereas the quota period ranges from 1 July to 30 June;
Whereas Community statistics for these products and the trend for the years 1986 to 1988 show that the highest volume of imports into the Community of the products in question originating in the OCT, namely 333,03 hectolitres of pure alcohol, occurred  in 1988, whereas, on that basis, the quota volume should therefore be fixed at 423 hectolitres of pure alochol;
Whereas by application of the provisions of Article 3 (3) of Annex V to Decision 86/283/EEC the quota volume in question should however be increased to 15 000 hectolitres of pure alcohol;
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  Members States until the quota has been used up;
Whereas, following the Decision of the Court of Justice of 27 September 1988 (Case 51/87), it is appropriate not to provide for allocation among Member States, without prejudice to the drawing, on the tariff quota, of such quantities as they may need,  under conditions and according to a procedure to be determined; whereas 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  tariff quota is used and inform the Member States accordingly;
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 concerning the administration of the quota share levied by that  economic union may be carried out by any one of its members,