No L 187/132 Official ‘Journal of the European Communities 1. 7. 89 COUNCIL REGULATION (EEC) No 1968/89 of 30 June 1989 opening, allocating and providing for the administration of a Community tariff quota for rum, arrack and tafia originating in the African, Caribbean and Pacific (ACP) States (1989/90) 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 Protocol 5 annexed to the Third ACP-EEC Convention (*), signed at. Lomé on 8 December 1984, 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 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 ; whereas in-accordance with Article 3 (1) 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 (%), implemented in advance by Regulation (EEC) No 1820/87 (3), the minimum quantity set-out in. Articlé 2°(a), second subparagraph, of Protocol 5 on rum has been increased to 172000 hectolitres ; Whereas;- pursuant to the said Protocol, the Kingdom of Spain- and the Portuguese Republic - shall become contracting parties to the said ACP-EEC Convention ; whereas- Regulation (EEC) No 1820/87 provides for special arrangements for the quota duties 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 amount to 157 594 hectolitres of pure alcohol ; whereas this volume being less than the threshold established by the abovementioned Protocol, the quota volume for the period from 1 July 1989 to 30 () OJ No L 86, 31. 3. 1986, p. 3. ) OJ No L 172, 30. 6. 1987, p. 3. () OJ No L 172, 30. 6. 1987, p. 1. June 1990 must be fixed at 172 000 hectolitres of pure alcohol ; 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 difficulties 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, a Community reserve of 20 % should be set up, with 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 alcohol) Member State . 1986 1987 1988 Benelux. = 6407 6 264 7 389 Denmark 2020 1884 2038 Germany 36183 33570 42 523 Greece - 50 50 — Spain 90 244 — France 1637 1929 1216 Ireland 2151 2060 2189 Italy 437 800 806 Portugal — 7 — United Kingdom 69 757 72040 | 63525 Total 118732 118 848 119 088