31976R1464

25 . 6 . 76 No L 165 / 5 Official Journal of the European Communities

COUNCIL REGULATION ( EEC) No 1464 / 76 of 21 June 1976 on the opening , allocation and 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 ( 1976/77 )

THE COUNCIL OF THE EUROPEAN products concerned into the Member States until the COMMUNITIES , quota is exhausted ; whereas, in order to reflect as closely as possible the actual trends on the markets in the products concerned, such allocation should be Having regard to the Treaty establishing the European made in accordance with the requirements of the Economic Community, and in particular Article 113 Member States ; thereof, Whereas measures should be laid down to ensure that Protocol 7 is implemented under conditions such as Having regard to the proposal from the Commission , to permit the development of traditional trade flows between the ACP States and the Community and between the Member States ; Whereas under the ACP-EEC Convention of Lome signed on 28 February 1975 , and in particular under Whereas , owing to the special character of the Protocol 7 thereto, products originating in the ACP products in question and their sensitivity on Commu­ States which fall within tariff subheading 22.09 C I nity markets, exceptional provision should be made ( rum , arrack , tafia), shall , until the entry into force of a for a , method of use based on a single division among common organization of the market in spirits, be Member States ; imported into the Community free of customs duties under conditions such as to permit the development of traditional trade flows between the ACP States and Whereas , since the Kingdom of Belgium , the the Community and between the Member States ; Kingdom of the Netherlands and the Grand Duchy of whereas the Community shall fix each year the quanti­ Luxembourg are jointly represented by the Benelux ties which may be imported free of customs duties on Economic Union , any measures concerning the the basis of the largest quantities imported annually administration of the share allocated to that economic from the ACP States into the Community in the last union may be carried out by any one of its members, three years for which statistics are available, increased by an annual growth rate of '40 % on the market of the United Kingdom and 13 % on the other markets of the Community, these growth rates being based on foreseeable internal demand in each Member State ; HAS ADOPTED THIS REGULATION :

Having regard to the levels reached by imports of the Article 1 products concerned into the Community and the Member States during the last three years for which statistics are available ; whereas the size of the tariff From 1 July 1976 until 30 June 1977 rum , arrack and quota for the period 1 July 1976 to 30 June 1977 tafia falling within subheading 22.09 C I of the should therefore be fixed at 162 013 hectolitres of Common Customs Tariff, originating in the ACP pure alcohol ; States , shall be imported duty free into the Commu­ nity within the limits of a Community tariff quota of 162 013 hectolitres of pure alcohol . Whereas the above principles also apply to the alloca­ tion of the tariff quota ;

Article 2 Whereas it seems likely that arrangements for using the Community tariff quota based on allocation 1 . The tariff quota referred to in Article 1 shall be between the United Kingdom and the other Member divided into two instalments . The first instalment, of States would reconcile the application of the growth 125 395 hectolitres of pure alcohol , shall be for rates provided for in Protocol 7 with the uninter­ United Kingdom consumption . The second instal­ rupted application of the duty-free entry arrangements ment, of 36 618 hectolitres of pure alcohol , shall be in respect of the said quota to all imports of the allocated among the other Member States .

No L 165/6 Official Journal of the European Communities 25. 6. 76

2. The shares of each of the Member States to ACP States under the conditions laid down in Articles which the second instalment is allocated pursuant to 1 and 2 are restricted to those meeting its domestic paragraph 1 shall consist of the following quantities : consumption requirements . Benelux 3 697, 3 . The Commission shall regularly inform the Denmark 2 700 , Member States of the extent to which the tariff quota Germany 16 620, has been used up . France 12 051 , Ireland 1 000 , 4 . Where necessary, consultations may be held at Italy 550 . the request of a Member State or on the initiative of the Commission . Article 3 Article 5 1 . Member States shall manage the shares allocated to them in accordance with their own arrangements. The Commission shall take all necessary measures, in 2. The extent to which the Member States have close cooperation with the Member States, to ensure used up their shares shall be determined on the basis the implementation of this Regulation . of the imports of the products in question , originating in the ACP States, declared at customs for clearance Article 6 for home use . Council Regulation ( EEC) No 157/76 of 20 January Article 4 1976 on the safeguard measures provided for in the ACP-EEC Convention of Lome ('), shall apply in 1 . Member States shall inform the Commission respect of the products covered by this Regulation . each month of imports actually charged against the tariff quota . Article 7 2. The United Kingdom shall take the steps neces­ sary to ensure that the quantities imported from the This Regulation shall enter into force on 1 July 1976.

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

Done at Luxembourg, 21 June 1976 .

For the Council The President J. HAMILIUS

(') OJ No L 18 , 27 . 1 . 1976, p. 1 .