30. 6. 90 Official Journal of the European Communities No L 167/3 COUNCIL REGULATION (EEC):No 1799/90 of 27 June 1990 opening, allocating‘and providing for the administration ovf a Community tariff quota for rum, tafia and arrack originating in the African, Caribbean and Pacific (ACP) States (1990/91) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard .to the Treaty establishing the European Economic Community, and in particular Article 113+ thereof, Having regard to.the proposal from the Commission, Whereas the Community signed the Fourth ACP-EEC Convention at Lomé on 15 December 1989 ; whereas the Community decided, by Council Regulation (EEC) No 714/90 of 5 March 1990 concerning the application of Decision No 2/90 of the ACP-EEC Council of Ministers on transitional measures valid from 1 March 1990 (), to apply Protocol 6 annexed to the- Convention. autono- mously in advance ; Whereas Protocol 6 provides that products originating in the African, Caribbean and Pacific (ACP) States which fall within CN codes 2208 40 10, 2208 40 90, 2208 90 11 .and 2208 90 19 shall, until the entry into force of a common organization of the market in spirits, be allowed into the Community free of customs duties under conditions such as to permit the development of traditional trade flows between the ACP States and the Community and between the Member States ; whereas the Community shall until 31 December 1993 fix each year the quantities which may be imported free of customs duties on the basis of the largest quantities imported annually from the ACP States into the Community in the past three years for which statistics are available, increased by an annual growth rate of 37 % on the market of the United Kingdom and 27 % on the . other markets of the Community ; -and whereas the volume of the annual quantity can in no case be less than 172 000 hectolitres of pure alcohol ; Whereas by virtue of Council Regulation (EEC) No 1820/87 of 25 June 1987 concerning the application of Decision No 2/87 of the ACP-EEC Council of Ministers on the advance implementation of the Protocol to the Third ACP-EEC Convention consequent on. the Accession of the Kingdom of Spain and.the-Portuguese Republic to-the European Communities (%), provision is made for-special arrangements for the quota dutes to be applied by those two Member States ; whereas by reason of the particularities- peculiar to the market in rum the quota period ranges from 1 July to 30 June; Whereas, having regard to the levels reached by imports of the products concerned into the Community during the past three years for which statistics are available, the annual quota volume for the period from 1 July 1990 to 30 June 1991 must be fixed at 193 668 hectolitres of pure alcohol ; () OJ No L 84, 30. 3. 1990, p. 1. () OJ No L 172, 30. 6. 1987, p. 1. Whereas it is in. particular necessary to ensure to all Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted application - of the rate laid down for that quota to all imports of-the products concerned into all Member States until the quota has -been used up; Whereas, following the case law of the Court of Justice, it is unlawful to allocate the Community quotas between the Member States, unless overriding circumstances of an administrative, technical or economic nature, prevent acting otherwise ; whereas, in addition, in cases where it is decided to allocate quotas, a mechanism should be set up whereby the integrity of the Common Customs Tariff may be protected ; . Whereas the economic difficuities which could result for the French Overseas Departments (FOD) from the sudden change in the arrangements for importing rum from the African, Caribbean and Pacific (ACP) States constitute circumstances having a binding effect which justify the temporary and  partial maintenance of  these arrangements ; whereas, however, the arrangements for allocation of the quota into national shares should be - phased out and can only.be justified on a transitional basis; whereas the arrangements should in any event definitively disappear . with- the prospect of the establishment of the internal market; / [Whereas, in these circumstances, it is advisable to increase to 40 % the volume of the Community reserve by means of a system for the automatic transfer of Member State share to the reserve as soon as 80 % of the latter has been used up; Whereas, during the past three years for which statistical - data are available, imports from Member-States have been as follows : (in hectolitres of pure alcobol) Member State 1987 1988 1989 Benelux 6 264 7 389 7 621 Denmark . 1884 2038 1748 Germany 33570 | 42523 | 48591 Greece 50 - — 586 Spain : 244 — 156 France 1929 1216 19 Ireland 2 060 2989 2973 Ttaly 800 806 431 Portugal 7 — — United Kingdom 72 040 63 525 83773 Total 118 848 119 686 145 898