31978R1228

9 . 6 . 78 No L 153/5 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 1228/78 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 overseas countries and territories associ­ ated with the European Economic Community ( 1978/79)

THE COUNCIL OF THE EUROPEAN nity markets, exceptional provision should be made COMMUNITIES, for a method of use based on a single division among Member States ;

Having regard to the Treaty establishing the European Economic Community, and in particular Article 136 Whereas, taking into account actual trends on the thereof, markets for the products in question, the needs of the Member States and the economic prospects for the period under consideration , the initial percentage Having regard to Council Decision 76/ 198/EEC of 9 shares in the quota volume could be as follows : February 1976 on import arrangements for rum, arrack and tafia falling within subheading 22.09 C I of Benelux : 5.80 the Common Customs Tariff and originating in the Denmark : 0.23 overseas countries and territories associated with the Germany : 93.80 European Economic Community (J), France : 0.01 Ireland : 0.01 Having regard to the proposal from the Commission, 001 Italy : United Kingdom : 0.14 Whereas Decision 76/ 198/EEC stipulates that rum, arrack and tafia shall be imported into the Commu­ Whereas the development of imports into the nity free of customs duties within the limits of a Community of these products should be recorded and Community tariff quota ; whereas the annual size of imports should accordingly be monitored ; the quota for the period 1 July to 30 June is to be fixed on the basis of a basic annual quantity, calcu­ lated in hectolitres of pure alcohol, to which a rate of Whereas, since the Kingdom of Belgium, the growth of 13 % is to be applied, equal to the amount Kingdom of the Netherlands and the Grand Duchy of of imports during the best of the last three years for Luxembourg are united within and jointly represented which statistics are available ; whereas this rate may be by the Benelux Economic Union , any measure modified in the light of certain criteria ; concerning the administration of the share allocated to that economic union may be carried out by any one of its members, Whereas Community statistics for the years 1975 to 1977 show that the highest volume of imports into the Community of the products in question origi­ HAS ADOPTED THIS REGULATION : nating in the said countries and territories occurred in 1975, namely 63 337 hectolitres of pure alcohol ; whereas, in the light of consumption and production within the Community and of the development of Article 1 trade both within the Community and between the Community, the said countries and territories and the ACP States, the rate of growth for the quota period in 1 . From 1 July 1978 until 30 June 1979 rum, question should be 13 % ; arrack and tafia falling within subheading 22.09 C I of the Common Customs Tariff, originating in the coun­ tries and territories referred to in Article 1 of Decision Whereas the size of the quota for the period 1 July 1978 to 30 June 1979 should therefore be fixed at 76/ 198 / EEC, shall be imported free of customs duty 71 571 hectolitres of pure alcohol ; into the Community within the limits of a Commu­ nity 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 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 .

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

Article 2 in question originating in the said countries and terri­ tories . 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 of imports of the products in question effected during (hi of pure alcohol) the preceding month ; only products submitted to the Benelux : 4 160 customs authorities under cover of a declaration that Denmark : 150 they are to be made available for home use and accom­ Germany : 67 137 panied by a movement certificate conforming to the France : 8 rules referred to in Article 1 (2) shall be taken into Ireland : 8 consideration for this purpose. 8 Italy : United Kingdom : 100 3. The Commission shall regularly inform the Member States of the extent to which the tariff quota has been used up. Article 3 4. Where necessary, consultations may be held at 1 . Member States shall manage the shares allocated the request of a Member State or on the initiative of to them in accordance with their own arrangements. the Commission . 2 . The extent to which the Member States have used up their shares shall be determined on the basis Article 5 of the imports of the products in question, originating in the said countries and territories, declared at The Commission shall take all necessary measures, in customs for clearance for home use . close cooperation with the Member States, to ensure the implementation of this Regulation. Article 4 Article 6 In accordance with Article 6 of Decision 76/ 198 / EEC, the Community shall monitor imports of the products 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