30. 6. 87 Official Journal of the European Communities No L 173/1 (Acts whose publication is obligatory) 'COUNCIL REGULATION (EEC) No 1823/87 of 25 June 1987 opening, allocating and providing for the 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 African, Caribbean and Pacific States (ACP) (1987 to 1988) THE COMMISSION 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 ACP States which fall within subheading 22.09 C I of the Common Customs Tariff 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 condi- tions 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 quanti- . ties 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, however in accordance with the provisions of Article 3 (1) of the Protocol to the Third ACP-EEC Convention consequent on the Accession of the Kingdom of Spain and the Portu- guese Republic to the European Communities (?) imple- mented in advance by Regulation (EEC) No 1820/87 (), the minimum quantity in Article 2 (a) second subpara- graph of Protocol § on rum has been increased to 172 000 hectolitres ; whereas by reason of the particularities pecu- liar 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 and the Member States during the past three years for .which () OJ No L 86, 31. 3. 1986, p. 3. () OJ No L 172, 30. 6. 1987. () OJ No L 172, 30. 6. 1987, p. 1. - statistics are available, the annual quota volume would amount to 159 444 hectolitres of pure alcohol; whereas this volume is less than the threshold established by Regulation (EEC) No 1820/87, the quota volume must by fixed at 172 000 hectolitres of pure alcohol; Whereas, during the past three years for which statistics are available, the corresponding imports by each of the Member States represent the following percentages of the imports into the Community from the ACP States of the products concerned : Member State 1984 1985 1986 Benelux 5,7 5,2 54 Denmark . 1,8 1,9 1,7 Germany 28,0 34,0 30,5 Greece 0,0 0,0 0,0 Spain 0,0 n.c. 0,1 France 1,0 2,1 1,4 Ireland 1,9 1,8 1,8 Italy 0,6 0,4 0,4 Portugal 0,0 0,0 0,0 United Kingdom 61,0 54,6 58,7 Whereas, in view of these factors, of market forecasts for the products in question and of the estimates submitted by certain Member States, quota shares may be fixed approximately at the following percentages : Benelux : 5,43 Denmark : 1,79 Germany : 30,90 Greece : 0,03 "Spain : 0,17 France : 1,51 Ireland : ' 1,85 Italy : 0,42 Portugal : 0,02 United Kingdom : 57,88