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PROTOCOL 5

ON RUM

ARTICLE 1

UNTIL THE ENTRY INTO FORCE OF A COMMON ORGANIZATION OF THE MARKET IN SPIRITS , PRODUCTS OF TARIFF SUBHEADING 22.09 C I ORIGINATING IN THE ACP STATES SHALL BE IMPORTED DUTY FREE INTO THE COMMUNITY UNDER CONDITIONS SUCH AS TO PERMIT THE DEVELOPMENT OF TRADITIONAL TRADE FLOWS BETWEEN THE ACP STATES AND THE COMMUNITY AND BETWEEN THE MEMBER STATES .

ARTICLE 2

( A ) FOR THE PURPOSES OF APPLYING ARTICLE 129 AND BY DEROGATION FROM ARTICLE 130 ( 1 ) OF THE CONVENTION , THE COMMUNITY SHALL EACH YEAR FIX THE QUANTITIES WHICH MAY BE IMPORTED FREE OF CUSTOMS DUTIES ON THE BASIS OF THE LARGEST ANNUAL QUANTITIES IMPORTED FROM THE ACP SATES INTO THE COMMUNITY IN THE LAST THREE YEARS FOR WHICH STATISTICS ARE AVAILABLE , INCREASED BY AN ANNUAL GROWTH RATE OF 37 % ON THE MARKET OF THE MARKET OF THE UNITED KINGDOM AND 27 % ON THE OTHER MARKETS OF THE COMMUNITY .

HOWEVER , THE VOLUME OF THE ANNUAL QUANTITY SHALL IN NO CASE BE LESS THAN 170 000 HECTOLITRES OF PURE ALCOHOL .

( B ) WHERE THE APPLICATION OF POINT ( A ) HAMPERS THE DEVELOPMENT OF A TRADITIONAL TRADE FLOW BETWEEN THE ACP STATES AND A MEMBER STATE , THE COMMUNITY SHALL TAKE APPROPRIATE MEASURES TO REMEDY THE SITUATION .

( C ) TO THE EXTENT THAT THE CONSUMPTION OF RUM INCREASES SIGNIFICANTLY IN THE MEMBER STATES , THE COMMUNITY UNDERTAKES TO CARRY OUT A NEW EXAMINATION OF THE ANNUAL PERCENTAGE INCREASE FIXED BY THIS PROTOCOL .

( D ) THE COMMUNITY DECLARES ITSELF PREPARED TO CONDUCT APPROPRIATE CONSULTATIONS BEFORE DETERMINING THE MEASURES PROVIDED FOR IN ( B ) .

( E ) THE COMMUNITY FURTHER DECLARES ITSELF WILLING TO SEEK WITH THE ACP STATES CONCERNED MEASURES TO ALLOW AN EXPANSION OF THEIR SALES OF RUM ON NON-TRADITIONAL MARKETS .

ARTICLE 3

WITH A VIEW TO ATTAINING THESE OBJECTIVES , THE PARTIES AGREE TO CONFER WITHIN A JOINT WORKING PARTY WHOSE ROLE SHALL BE TO EXAMINE CONTINUOUSLY ANY SPECIFIC PROBLEMS ARISING FROM APPLICATION OF THIS PROTOCOL .

ARTICLE 4

AT THE REQUEST OF THE ACP STATES THE COMMUNITY , WITHIN THE FRAMEWORK OF THE PROVISIONS OF TITLE VI , PART TWO , OF THE CONVENTION , SHALL ASSIST THE ACP STATES IN PROMOTING AND EXPANDING THEIR SALES IN THE TRADITIONAL AND NON-TRADITIONAL MARKETS OF THE COMMUNITY .