31977R1378

No L 157/4 Official Journal of the European Communities 28 . 6 . 77

COUNCIL REGULATION (EEC) No 1378/77 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 overseas countries and territories associ­ ated with the European Economic Community ( 1977/78)

THE COUNCIL OF THE EUROPEAN for a method of use based on a single division among COMMUNITIES, Member States ;

Having regard to the Treaty establishing the European Whereas, taking into account actual trends on the Economic Community, and in particular Article 136 markets for the products in question, the needs of the thereof, Member States and the economic prospects for the period under consideration, the initial percentage shares in the quota volume could be as follows : Having regard to Council Decision 76/ 198/ EEC of 9 February 1976 on import arrangements for rum, Benelux : 5-80 , arrack and tafia falling within subheading 22.09 C I of Denmark : 0-23 , the Common Customs Tariff and originating in the Germany : 93-80, overseas countries and territories associated with the France : 0-01 , European Economic Community ( J ), Ireland : 0 01 , Italy : 0-01 , Having regard to the proposal from the Commission, United Kingdom : 014 ;

Whereas Decision 76/ 198/EEC stipulates that rum, Whereas the development of imports into the arrack and tafia shall be imported into the Commu­ Community of these products should be recorded and nity free of customs duties within the limits of a imports should accordingly be monitored ; Community tariff quota ; whereas the annual size of the quota for the period 1 July to 30 June is to be Whereas, since the Kingdom of Belgium , the fixed on the basis of a basic annual quantity, calcu­ Kingdom of the Netherlands and the Grand Duchy of lated in hectolitres of pure alcohol, to which a rate of Luxembourg are united in and jointly represented by growth of 13 % is to be applied, equal to the amount the Benelux Economic Union , any measure of imports during the best of the last three years for concerning the administration of the shares allocated which statistics are available ; whereas this rate may be to that economic union may be carried out by any modified in the light of certain criteria ; one of its members,

Whereas Community statistics for the years 1974 to 1976 show that the highest volume of imports into the Community of the products in question origi­ nating in the said countries and territories occurred in HAS ADOPTED THIS REGULAT ON : 1975, namely 63 337 hectolitres of pure alcohol ; whereas in the light of consumption and production within the Community and of the development of trade both within the Community and between the Article 1 Community, the said countries and territories and the ACP States, the rate of growth for the quota period in 1 . From 1 July 1977 until 30 June 1978 rum , question should be 1 3 % ; arrack and tafia falling within subheading 22.09 C I of the Common Customs Tariff and originating in the countries and territories referred to in Article 1 of Whereas the size of the quota for the period 1 July 1977 to 30 June 1978 should therefore be fixed at Decision 76/ 198 / EEC shall be imported free of 71 571 hectolitres of pure alcohol ; customs duty into the Community within the limits of a Community tariff quota of 71 571 hectolitres of pure alcohol . Whereas, owing to the special character of the products in question and their sensitivity on Commu­ nity markets, exceptional provision should be made 2 . The rules of origin applicable to the products referred to in paragraph 1 shall be those mentioned in (>) OJ No L 37, 12 . 2 . 1976, p. 24 . Article 5 of Decision 76/ 198 / EEC .

28 . 6 . 77 Official Journal of the European Communities No L 157/ 5

Article 2 of the products in question originating in the said countries and territories. The Community tariff quota referred to in Article 1 shall be allocated amongst the Member States as 2. Member States shall forward to the Commission follows : not later than the 15th day of each month statements (hectolitres of of imports of the products in question effected during pure alcohol) the preceding month ; only products submitted to the customs authorities under cover of a declaration that Benelux : 4 151 Denmark : 1 64 they are to be made available for home use and accom­ panied by a movement certificate conforming to the Germany : 67 1 32 France : 8 rules referred to in Article 1 (2) shall be taken into Ireland : 8 consideration for this purpose. Italy : 8 3 . The Commission shall regularly inform the United Kingdom : 100. Member States of the extent to which the tariff quota has been used up.

Article 3 4. Where necessary, consultations may be held at the request of a Member State or on the initiative of 1 . Member States shall manage the shares allocated the Commission . to them in accordance with their own arrangements.

2. The extent to which the Member States have Article 5 used up their shares shall be determined on the basis of the imports of the products in question, originating The Commission shall take all necessary measures, in in the said countries and territories, declared at close cooperation with the Member States, to ensure customs for clearance for home use . the implementation of this Regulation .

Article 4 Article 6 1 . In accordance with Article 6 of Decision 76/ 198/EEC, the Community shall monitor imports 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