31978R1227

9 . 6 . 78 No L 153/3 Official Journal of the European Communities

COUNCIL REGULATION ( EEC) No 1227/78 of 6 June 1978 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 ( 1978/79)

THE COUNCIL OF THE EUROPEAN quota is exhausted ; whereas, in order to reflect as COMMUNITIES, 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 Treaty establishing the European Member States ; Economic Community, and in particular Article 113 thereof, Whereas measures should be laid down to ensure that Protocol 7 is implemented under conditions such as to permit the development of traditional trade flows Having regard to the proposal from the Commission, between the ACP States and the Community and between the Member States ;

Whereas under the ACP-EEC Convention of Lome Whereas, owing to the special character of the signed on 28 February 1975, and in particular under products in question and their sensitivity on Commu­ Protocol 7 thereto, products originating in the ACP nity markets, exceptional provision should be made States which fall within tariff subheading 22.09 C I for a method of use based on a single division among (rum, arrack ; tafia), shall, until the entry into force of Member States ; a common organization of the market in spirits, be imported into the Community free of customs duties under conditions such as to permit the development Whereas, since the Kingdom of Belgium, the of traditional trade flows between the ACP States and Kingdom of the Netherlands and the Grand Duchy of the Community and between the Member States ; Luxembourg are united within and jointly represented whereas the Community shall fix each year the quanti­ by the Benelux Economic Union, any measure ties which may be imported free of customs duties on concerning the administration of the share allocated the basis of the largest quantities imported annually to that economic union may be carried out by any from the ACP States into the Community in the last 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 :

Whereas, having regard to the levels reached by Article 1 imports of the products concerned into the Commu­ nity and the Member States during the last three years for which statistics are available, the size of the tariff From 1 July 1978 until 30 June 1979 rum, arrack and quota for the period 1 July 1978 to 30 June 1979 tafia falling within subheading 22.09 C I of the should be fixed at 161 807 hectolitres of pure alcohol ; Common Customs Tariff, originating in the ACP States, shall be imported duty free into the Commu­ nity within the limits of a Community tariff quota of Whereas the above principles also apply to the alloca­ 161 807 hectolitres of pure alcohol. tion of the tariff quota ;

Article 2 Whereas it seems likely that arrangements for using the Community tariff quota based on allocation between the United Kingdom and the other Member 1 . The tariff quota referred to in Article 1 shall be States would reconcile the application of the growth divided into two instalments The first instalment, of rates provided for in Protocol 7 with the uninter­ 116 957 hectolitres of pure alcohol, shall be for rupted application of the duty-free entry arrangements United Kingdom consumption. The second instal­ in respect of the said quota to all imports of the ment, of 44 850 hectolitres of pure alcohol, shall be products concerned into the Member States until the allocated among the other Member States.

No L 153/4 Official Journal of the European Communities 9 . 6 . 78

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 (hi of pure alcohol) consumption requirements. Benelux : 6 000 Denmark : 3 698 3 . The Commission shall regularly inform the 24 706 Member States of the extent to which the tariff quota Germany : France : 9 022 has been used up. Ireland : 1 000 4. Where necessary, consultations may be held at 424 Italy : 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 The Commission shall take all necessary measures, in to them in accordance with their own arrangements. close cooperation with the Member States, to ensure 2. The extent to which the Member States have the implementation of this Regulation. 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 ( 1) 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 1978 .

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

Done at Luxembourg, 6 June 1978 .

For the Council The President

K. B. ANDERSEN

0) OJ No L 18 , 27. 1 . 1976, p. 1 .