31977R1377
No L 157/2 28 . 6 . 77 Official Journal of the European Communities
COUNCIL REGULATION ( EEC) No 1377/77
of 21 June 1977
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 ( 1977/78)
THE COUNCIL OF THE EUROPEAN rates provided for in Protocol 7 with the uninter COMMUNITIES, rupted 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 Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 quota is exhausted ; whereas, in order to reflect as thereof, closely as possible the actual trends on the markets in the products concerned, such allocation should be made in accordance with the requirements of the Having regard to the proposal from the Commission, Member States ;
Whereas under the ACP-EEC Convention of Lome Whereas measures should be laid down to ensure that signed on 28 February 1975, and in particular under Protocol 7 is implemented under conditions such as Protocol 7 thereto, products originating in the ACP to permit the development of traditional trade flows States which fall within tariff subheading 22.09 C I between the ACP States and the Community and (rum, arrack, tafia), shall, until the entry into force of a between the Member States ; common organization of the market in spirits, be imported into the Community free of customs duties Whereas, owing to the special character of the under conditions such as to permit the development products in question and their sensitivity on Commu of traditional trade flows between the ACP States and nity markets, exceptional provision should be made the Community and between the Member States ; for a method of tise based on a single division among whereas the Community shall fix each year the quanti Member States ; ties which may be imported free of customs duties on the basis of the largest quantities imported annually Whereas, since the Kingdom of Belgium, the from the ACP States into the Community in the last Kindgom of the Netherlands and the Grand Duchy of three years for which statistics are available, increased Luxembourg are united in and jointly represented by by an annual growth rate of 40 % on the market of the Benelux Economic Union, any measure the United Kingdom and 13 % on the other markets concerning the administration of the shares allocated of the Community, these growth rates being based on to that economic union may be carried out by any foreseeable internal demand in each Member State ; one of its members,
Whereas, having regard to the levels reached by imports of the products concerned into the Commu nity and the Member States during the last three years HAS ADOPTED THIS REGULATION : for which statistics are available, the size of the tariff quota for the period 1 July 1977 to 30 June 1978 should therefore be fixed at 173 009 hectolitres of Article 1 pure alcohol ;
From 1 July 1977 until 30 June 1978 rum, arrack and Whereas, since the entry into force of Regulation tafia falling within subheading 22.09 CI of the (EEC) No 329/77 ( ! ), Community imports of the afore Common Customs Tariff, originating in the ACP mentioned products originating in Surinam have been States, shall be imported duty free into the Commu taken into account for the purposes of fixing the nity within the limits of a Community tariff quota of Community quota ; 173 009 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 1 . The tariff quota referred to in Article 1 shall be the Community tariff quota based on allocation divided into two instalments . The first instalment, of between the United Kingdom and the other Member 126 030 hectolitres of pure alcohol, shall be for States would reconcile the application of the growth United Kingdom consumption . The second instal ment, of 46 979 hectolitres of pure alcohol, shall be (') OJ No L 46, 18 . 2 . 1977, p. 2. allocated among the other Member States.
28 . 6 . 77 No L 157 / 3 Official Journal of the European Communities
2. The shares of each of the Member States to 2. The United Kingdom shall take the steps neces which the second instalment is allocated pursuant to sary to ensure that the quantities imported from the paragraph 1 shall consist of the following quantities : ACP States under the conditions laid down in Articles 1 and 2 are restricted to those meeting its domestic (in hi of pure consumption requirements. alcohol) Benelux ; 5 926, 3 . The Commission shall regularly inform the Denmark : 4 000, Member States of the extent to which the tariff quota Germany : 24 000 , has been used up. France : 1 1 395, Ireland : 4. Where necessary, consultations may be held at 1 000, 658 . the request of a Member State or on the initiative of Italy : the Commission .
Article5¶
The Commission shall take all necessary measures, in 1 . Member States shall manage the shares allocated close cooperation with the Member States, to ensure to them in accordance with their own arrangements. the implementation of this Regulation . 2 . The extent to which the Member States have used up their shares shall be determined on the basis Article 6 of the imports of the products in question, originating in the ACP States , declared at customs for clearance Council Regulation (EEC) No 157/76 of 20 January for home use . 1976 on the safeguard measures provided for in the ACP-EEC Convention of Lome (*), shall apply in Article 4 respect of the products covered by this Regulation .
1 . Member States shall inform the Commission Article 7 each month of imports actually charged against the tariff quota. This Regulation shall enter into force on 1 July 1977.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Luxembourg, 21 June 1977.
For the Council
The President
D. OWEN
(') OJ No L 18 , 27 . I. 1976 , p. 1 .