1996R2012 — EN — 19.12.1997 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EC) No 2012/96
of 21 October 1996
opening and providing for the administration of a Community tariff quota for grape juice and
must as from the 1996/97 marketing year
(OJ L 269, 22.10.1996, p. 8)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 2499/97 of 15 December 1997 L 345 15 16.12.1997
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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COMMISSION REGULATION (EC) No 2012/96
of 21 October 1996
openingandprovidingfortheadministrationofaCommunitytariff
quotaforgrapejuiceandmustasfromthe1996/97marketingyear
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European Community,
Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996
on the implementation of the concessions set out in Schedule CXLdrawn up in the wake of the conclusion of the GATT XXIV. 6 nego-tiations(
1), and in particular Article 1 (1) thereof,
Whereas, pursuant to the agreement concluded as part of the World
Trade Organization multilateral trade negotiations, the Communityundertook to open an annual tariff quota for the importation of 14 000tonnes of grape juice and must; whereas rules should be drawn up forits use;
Whereas the importation of grape juice and must under the tariff quota
qualifies, under specific conditions concerningtheir use, for exemptionfrom the specific duty determined per hectolitre; whereas equal andcontinuous access to the quota should, in particular, be guaranteed forall Community importers as should the application without interruptionand throughout the Member States of the rates envisaged for this quotato all imports of the products in question until the quota is used up;whereas, in order to take account of the reality of the situation asregards imports over recent years and prevent the quota being used up,the quota should be subdivided over several periods, each with aspecific quantity correspondingto trade requirements; whereas use ofand compliance with that quota should be controlled by means of asystem of import licences; whereas detailed rules should therefore belaid down regarding the submission of applications and the issue oflicences;
Whereas, moreover, provision should be made for decisions on import
licence applications to be notified after a review period; whereas thatperiod must permit the Commission to consider the quantities appliedfor and, where appropriate, provide for special measures with regard, inparticular, to applications pending;
Whereas the period of validity of the import licences under these
arrangements should be more clearly specified with reference to theiractual date of issue; whereas, in view of the aforementioned reviewperiod, Article 3 should be waived of Commission Regulation (EEC)No 3388/81 of 27 November 1981 layingdown special detailed rules inrespect of import and export licences in the wine sector(
2), as last
amended by Regulation (EC) No 257/96 (3), and use should be made of
Article 21 (2) of Commission Regulation (EEC) No 3719/88 of 16November 1988 layingdown common detailed rules for the applicationof the system of import and export licences and advance fixingcerti-ficates for agricultural products(
4), as last amended by Regulation (EC)
No 2137/95 (5);
Whereas, in order to administer the arrangements, the Commission
requires accurate information of the licence applications submitted andthe use of the licences issued; whereas, in the interests of administrativeefficiency, provision should be made for the use of a single model forcommunications between the Member States and the Commission;
(1) OJ No L 146, 20. 6. 1996, p. 1.
(2) OJ No L 341, 28. 11. 1981, p. 19.
(3) OJ No L 34, 13. 2. 1996, p. 11.
(4) OJ No L 331, 2. 12. 1988, p. 1.
(5) OJ No L 214, 8. 9. 1995, p. 21.
1996R2012 — EN — 19.12.1997 — 001.001 — 3
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Whereas, in order to ensure compliance with the quota rules on the use
of the imported grape juice and must, provision should be made for thelodging of a security with the customs authorities of the Member Stateswhich should be immediately released proportionately to the quantitiesfor which proof of use is provided;
Whereas each Member State may provide for checks on use in accord-
ance with a national procedure pursuant to Article 487 of CommissionRegulation (EEC) No 2454/93 of 2 July 1993 laying down provisionsfor the implementation of Council Regulation (EEC) No 2913/92 estab-lishingthe Community Customs Code (
1), as last amended by Regula-
tion (EC) No 1676/96 (2), provided that the goods do not leave its
territory before their end use; whereas, where the goods are processed ina Member State other than that of release for free circulation, thosechecks must be carried out in accordance with the relevant provisions ofRegulation (EEC) No 2454/93;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
Article 1
1. A tariff quota for the importation of 14 000 tonnes of grape juice
and must fallingwithin CN codes 2009 60 11, 2009 60 19, 2009 60 51and 2009 60 90, intended for the production of grape juice and/or non-wine sector products such as vinegar, non-alcoholic drinks, jams andsauces, shall be opened each year for a period runningfrom 1September to 31 August of the following year.
2. The customs duties applicable within the tariff quota shall be the
ad valorem duties indicated for each CN code and, in respect of theproducts fallingwithin CN code 2009 60 11, the specific duty expressedin ecu/kgprovided for in the Common Customs Tariff of the EuropeanCommunities.
Article 2
1. Import licences bearingthe entries set out in Article 4 may be
applied for from the competent authorities of the Member States fromthe date of entry into force of this Regulation. From the 1997/98 period,applications for the new period may be submitted as from 25 August.
2. The total quantity referred to in Article 1 shall be subdivided into
three parts. Applications for import licences for the first part for 3 000tonnes may be submitted up to 30 November each year. Applicationsfor the second part for 4 000 tonnes may be submitted up to 31 Marcheach year. Applications for the third part for 7 000 tonnes may besubmitted as from 1 April each year. Quantities belonging to the firstpart not used up by 30 November and those belonging to the secondpart not used up by 31 March shall be automatically transferred to thefollowingpart or parts.
For the 1996/97 marketingyear, applications for import licences for the
first part for 3 000 tonnes may be submitted up to 31 December 1996.
3. Regulation (EEC) No 3388/81 shall apply to import licences
covered by this Regulation, with the exception of Articles 3 and 6thereof.
Article 3
1. Applications for import licences referred to in Article 2 (1) may be
submitted to the competent authorities from a Wednesday until thefollowingTuesday.
(1) OJ No L 253, 11. 10. 1993, p. 1.
(2) OJ No L 218, 28. 8. 1996, p. 1.
1996R2012 — EN — 19.12.1997 — 001.001 — 4
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2. Import licences shall be issued on the Monday followingthe
Tuesday referred to in paragraph 1, or the next working day, providedthat the Commission has not adopted special measures in the meantime.
3. Where the quantities for which licence applications have been
made, as notified to the Commission on the day laid down in the firstindent of Article 6 (1), exceed the quantities left over from the quantityset for each period referred to in Article 2 (2), the Commission shall seta single percentage for the acceptance of the applications in questionand suspend the submission of licence applications.
4. Where the quantity applied for is reduced or rejected, the security
referred to in Article 4 (1) of Regulation (EEC) No 3388/81 shall beimmediately released in respect of the quantity refused.
5. In the event that a single acceptance percentage of less than 80 %
is set, licences shall be issued on the fifth workingday followingpublication of that percentage in the Official Journal of the European
Communities . Prior to issue the exporter may:
— either withdraw his application in which case the security referred to
in Article 4 (1) of Regulation (EEC) No 3388/81 shall be imme-diately released,
— or request the immediate issue of the licence, in which case the
competent authority shall issue it on the fifth workingday followingpublication of that percentage in the Official Journal of the Euro-
pean Communities .
6. The licence shall be valid from the date of its actual issue until the
end of the fourth month followingsuch date but may in no case extendbeyond 31 August of the year of the quota concerned.
Article 4
One of the followingentries shall be made in Section 24 of import
licences issued pursuant to this Regulation:
— Exento del derecho específico por hl — Reglamento (CE) n
o2012/
96
— Fritagelse for specifik told pr. hl — forordning (EF) nr. 2012/96— Aussetzungdes spezifischen Zolls je hl — Verordnung(EG) Nr.
2012/96
—Απαλλαγή από τον ειδικό δασµό ανά εκατόλιτρο —κανο-
νισµός(ΕΚ)αριθ. 2012/96
— Exempt from the specific duty per hectolitre — Regulation (EC) No
2012/96
— Exonération du droit spécifique par hl — règlement (CE) n
o2012/96
— Esonero del dazio specifico per ettolitro — Regolamento (CE) n.
2012/96
— Vrijgesteld van het specifieke recht per hl — Verordening (EG) nr.
2012/96
— Isenção do direito específico por hl — Regulamento (CE) n.o2012/
96
— Vapautus paljoustullista hehtolitralta — Asetus (EY) N:o 2012/96— Befrielse från den särskilda tullen per hl — förordning(EG) nr
2012/96.
Article 5
The customs duty applicable within the Community tariff quota shall be
subject to:
(a) the presentation of a written undertakingby the importer, submitted
alongwith the import licence application, that all the g oods to beimported will be used accordingto the conditions set out in thequota and in Article 1; to that end, the importer shall indicate inSection 20 of the import licence the precise use to be made of theimported product and the place at which processingis to be carriedout. Where processingis to take place in a Member State other thanthat of release for free circulation, a T5 control copy shall becompleted on dispatch in the Member State of departure in accord-
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ance with Articles 471 to 494 of Regulation (EEC) No 2454/93.The actual use shall be entered in Section 104 of the T5 documentand the number of this Regulation in Section 107;
(b) the lodging by the importer at the time of release for free circulation
of a security with the competent customs authorities; the securityshall be equal to the specific duty on the product in question forwhich exemption is granted under the quota. The security shall bereleased on presentation by the importer of proof, to the satisfactionof the competent customs authorities of the Member State of releasefor free circulation, that the goods have been used in the mannerindicated on the licence. The security shall be immediately releasedfor the quantities for which the importer presents proof that theproducts have been used in the manner indicated on the importlicence or, in the case of use in a Member State other than that ofrelease for free circulation, as indicated in Section 104 of the T5document. ►
M1The security referred to herein shall be released
in full once the operator has provided proof that the whole quantityof products imported has been used for the purpose specified,subject to a tolerance of 1 % of such quantities to cover lossesverified and certified by the competent inspection body andresultingfrom handlingand transport between release for free circu-lation and utilisation for the purpose concerned. That tolerance shallnot apply in cases of force majeure .◄
Article 6
1. Member States shall notify the Commission by fax:
— each Wednesday or the next workingday:
(a) of applications for import licences referred to in Article 2
submitted between Wednesday of the precedingweek andTuesday, or of the absence of applications;
(b) of the quantities for which import licences were issued on the
precedingMonday;
(c) of the quantities for which licence applications were withdrawn
pursuant to Article 3 (5) duringthe precedingweek,
— before 15th of each month for the previous month:
(d) of the quantities for which licences were issued but not used.
2. The information to be notified referred to in paragraph 1 (a), (b),
(c) and (d), must stipulate the quantity in tonnes in respect of eachproduct code, broken down by country.
3. All the notifications referred to in paragraph 1, including ‘nil'
notifications, shall be made usingthe model set out in the Annex.
4. Where, after the notifications referred to in paragraph 1 have been
made, an adequate quantity again becomes available, the Commissionmay decide to reopen the submission of applications for import licences.
5. The Commission shall inform the Member States at least once a
month of the extent to which the available quantity has been used up.
Article 7
This Regulation shall enter into force on the third day following that of
its publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
1996R2012 — EN — 19.12.1997 — 001.001 — 6
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ANNEX