31975R3230

12 . 12 . 75 Official Journal of the European Communities No L 321 / 3

REGULATION ( EEC) No 3230/75 OF THE COUNCIL of 9 December 1975 on the opening , allocation and administration of a Community tariff quota for products falling within subheading 22.09 C I of the Common Customs Tariff, originating in the ACP States

THE COUNCIL OF THE EUROPEAN down conditions for the advance implementation of COMMUNITIES , the provisions concerned for the period from 1 July to 31 December 1975 ; whereas in the light of experi­ ence, identical conditions should be laid down for the Having regard to the Treaty establishing the European implementation of Protocol 7 of the ACP-EEC Economic Community, and in particular Article 113 Convention of Lome for the 12 month period ending thereof : on 30 June 1976 ;

Having regard to the proposal from the Commission ; Whereas the volume of the tariff quota should consequently be fixed annually on the basis of the statistical information and estimated consumption Whereas under Article 2 ( 1 ) of the Convention signed used when Regulation (EEC) No 1600/75 was drawn between the ACP States and the European Economic up ; whereas the volume of the tariff quota should Community on 28 February 1975, and under Protocol accordingly be fixed at 168 000 hectolitres of pure 7 annexed thereto, until the entry into force of a alcohol, the quantities actually imported under Regula­ common organization of the market in spirits, tion (EEC) No 1600/75 being deducted from this products falling within tariff subheading 22.09 C. I volume ; (rum , arrack, tafia), originating in the ACP States, shall be imported into the Community free of customs duties under conditions such as to permit the develop­ ment of traditional trade flows between the ACP Whereas the above principles also apply to the alloca­ tion of the tariff quota ; 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 Whereas it seems likely that arrangements for using annually from the ACP States into the Community in the tariff quota based on allocation between the the last three years for which statistics are available, United Kingdom and the other Member States would increased by an annual growth rate of 40 % on the reconcile the application of the growth rates provided market of the United Kingdom and 13-% on the for in Protocol 7 with the uninterrupted application of other markets of the Community, these growth rates the duty-free entry arrangements in respect of the said being based on foreseeable internal demand in each quota to all imports of the products concerned into Member State ; whereas the exchange of letters at the Member States until the quota is exhausted ; Lome on 28 February 1975 relating to the advance whereas, in order to reflect as closely as possible the implementation of certain provisions of the said actual trends on the markets in the products Convention provides in particular that the European concerned, such allocation should be made in accor­ Economic Community shall apply the said Protocol 7 dance with the requirements of the Member States ; autonomously as from 1 July 1975 ;

Whereas measures should be laid down to ensure that Having regard to the levels reached by imports of the Protocol 7 is implemented under conditions such as products concerned into the Community and the to permit the development of traditional trade flows Member States during the last three years for which between the ACP States and the Community and statistical information is available ; between the Member States ;

Whereas Council Regulation (EEC) No 1 600/75 (') of 24 June 1975 on the opening, allocation and adminis­ Whereas, since the Kingdom of Belgium , the tration of a Community tariff quota for products Kingdom of the Netherlands and the Grand Duchy of falling within subheading 22.09 C I of the Common Luxembourg are jointly represented by the Benelux Customs Tariff originating in the ACP States laid Economic Union , any measure concerning the admin­ istration of the shares allocated to that economic (') OJ No L 166, 28 . 6 . 1975, p. 81 . union may be carried out by any one of its members,

No L 321 /4 Official Journal of the European Communities 12 . 12 . 75

HAS ADOPTED THIS REGULATION : Article 3 The quantities actually imported under Regulation Article 1 (EEC) No 1600 /75 when the present Regulation enters into force shall be deducted from the volume of From 1 July 1975 until 30 June 1976 rum , arrack and the quota referred to in Article 1 and the instalments tafia falling within subheading 22.09 C I of the and shares specified in Article 2 . Common Customs Tariff, originating in the ACP States, shall be imported duty free into the Commu­ Article 4 nity within the limits of a Community tariff quota of 168 000 hectolitres of pure alcohol . Member States shall manage the shares allocated to them in accordance with their own arrangements. These products are considered as originating in the ACP States if they fulfil the conditions laid down in Article 5 Council Regulation (EEC) No 1 598 /75 (') of 24 June 1975 on the advance implementation of certain provi­ Member States shall inform the Commission each sions of the ACP-EEC Convention of Lome relating month of imports actually charged against the tariff to trade in goods . quota . Article 2 The United Kingdom shall take the steps necessary to ensure that the quantities imported from the ACP 1 . The tariff quota referred to in Article 1 shall be States under the conditions laid down in Articles 1 divided into two instalments . The first instalment of and 2 are restricted to those meeting its domestic 128 000 hectolitres of pure alcohol shall be for United consumption requirements . Kingdom consumption . The second instalment of 40 000 hectolitres of pure alcohol shall be allocated Article 6 amongst the other Member States . Articles 5 , 6, 7 and 8 of Regulation ( EEC) No 1598 /75 2 . The shares of each of the Member States to shall apply in respect of the products covered by this which the second instalment is allocated pursuant to Regulation . paragraph 1 shall be valid until the end of the period stipulated in Article 1 and shall consist of the Article 7 following quantities , indicated in hectolitres, of pure alcohol : The Member States and the Commission shall coop­ erate closely in order to ensure compliance with this Benelux : 3 500 Regulation . Denmark : 2 900 Germany : 26 000 Article 8 France : 6 000 Ireland : 1 000 This Regulation shall enter into force on 1 January Italy : 600 1976 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 9 December 1975 . For the Council

The President

M. RUMOR

(') OJ No L 166, 28 . 6 . 1975, p. 1 .