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( 1 ) OJ NO C 127 , 21 . 5 . 1979 , P . 69 .

( 2 ) OJ NO L 263 , 28 . 9 . 1978 , P . 2 .

( 3 ) OJ NO L 256 , 2 . 10 . 1975 , P . 2 .

( 1 ) OJ NO L 54 , 5 . 3 . 1979 , P . 1 .

COUNCIL REGULATION ( EEC ) NO 1183/79

OF 12 JUNE 1979

OPENING , ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF COMMUNITY TARIFF QUOTAS FOR CERTAIN WINES , HAVING A REGISTERED DESIGNATION OF ORIGIN , FALLING WITHIN SUBHEADING EX 22.05 C OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN ALGERIA ( 1979/80 )

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 43 AND 113 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ),

WHEREAS THE COOPERATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE PEOPLE ' S DEMOCRATIC REPUBLIC OF ALGERIA ( 2 ) STIPULATES IN ARTICLE 20 THAT CERTAIN WINES , HAVING A REGISTERED DESIGNATION OF ORIGIN , FALLING WITHIN SUBHEADING EX 22.05 C OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN ALGERIA , SHALL BE IMPORTED INTO THE COMMUNITY FREE OF CUSTOMS DUTIES WITHIN THE LIMITS OF AN ANNUAL COMMUNITY TARIFF QUOTA ; WHEREAS THE QUOTA VOLUME FOR THE PERIOD 1 JULY 1979 TO 30 JUNE 1980 IS 450 000 HECTOLITRES , CONSISTING OF 150 000 HECTOLITRES OF WINE IN BULK , AND 300 000 HECTOLITRES OF WINE IN BOTTLES ; WHEREAS WINE IN BULK MUST BE PUT UP IN ACCORDANCE WITH CERTAIN CONDITIONS ; WHEREAS , HOWEVER , BECAUSE OF CERTAIN DIFFICULTIES FOR THE TRANSPORT OF WINE IN BULK , A DEROGATION SHOULD BE MADE FROM THE RELEVANT PROVISIONS OF THE AGREEMENT SO THAT THE TRANSPORT MAY BE EFFECTED IN CONTAINERS OF A CAPACITY NOT EXCEEDING 200 HECTOLITRES ; WHEREAS WINE IN BOTTLES MUST BE IN CONTAINERS HOLDING A MAXIMUM OF TWO LITRES ; WHEREAS THE IMPORT PRICES FOR THE WINES MUST AT ANY GIVEN MOMENT BE NOT LESS THAN THE COMMUNITY REFERENCE PRICES FOR THEM ; WHEREAS THESE WINES MUST BE ACCOMPANIED BY A CERTIFICATE OF DESIGNATION OF ORIGIN IN ACCORDANCE WITH THE MODEL GIVEN IN ANNEX D TO THE AGREEMENT ; WHEREAS THE COMMUNITY TARIFF QUOTAS IN QUESTION SHOULD THEREFORE BE OPENED FOR THE PERIOD CONCERNED ;

WHEREAS COUNCIL REGULATION ( EEC ) NO 2506/75 OF 29 SEPTEMBER 1975 LAYING DOWN SPECIAL RULES FOR THE IMPORTATION OF PRODUCTS IN THE WINE-GROWING SECTOR ORIGINATING IN CERTAIN THIRD COUNTRIES ( 3 ) INTRODUCED THE IDEA OF A FREE-AT-FRONTIER REFERENCE PRICE , BEING THE REFERENCE PRICE LESS CUSTOMS DUTIES ACTUALLY LEVIED ;

WHEREAS IT IS IN PARTICULAR NECESSARY TO ENSURE EQUAL AND UNINTERRUPTED ACCESS FOR ALL COMMUNITY IMPORTERS TO THE ABOVEMENTIONED QUOTAS , AND UNINTERRUPTED APPLICATION OF THE RATES LAID DOWN FOR THESE QUOTAS TO ALL IMPORTS OF THE PRODUCTS CONCERNED INTO THE MEMBER STATES UNTIL THE QUOTAS HAVE BEEN USED UP ; WHEREAS , HAVING REGARD TO THE ABOVE PRINCIPLES , THE COMMUNITY NATURE OF THE QUOTAS CAN BE RESPECTED BY ALLOCATING THE COMMUNITY TARIFF QUOTAS AMONG THE MEMBER STATES ; WHEREAS , IN ORDER TO REFLECT MOST ACCURATELY THE ACTUAL DEVELOPMENT OF THE MARKET IN THE PRODUCTS IN QUESTION , SUCH ALLOCATION SHOULD BE IN PROPORTION TO THE REQUIREMENTS OF THE MEMBER STATES , ASSESSED BY REFERENCE BOTH TO THE STATISTICS RELATING TO IMPORTS OF THE SAID PRODUCTS FROM ALGERIA OVER A REPRESENTATIVE REFERENCE PERIOD AND TO THE ECONOMIC OUTLOOK FOR THE QUOTA PERIOD CONCERNED ;

WHEREAS IN THIS CASE , HOWEVER , NEITHER COMMUNITY NOR NATIONAL STATISTICS SHOWING THE BREAKDOWN FOR EACH OF THE TYPES OF WINES IN QUESTION ARE AVAILABLE AND NO RELIABLE ESTIMATES OF FUTURE IMPORTS CAN BE MADE ; WHEREAS IN THESE CIRCUMSTANCES THE QUOTA VOLUMES SHOULD BE ALLOCATED IN INITIAL SHARES , TAKING INTO ACCOUNT DEMAND FOR THESE WINES ON THE MARKETS OF THE VARIOUS MEMBER STATES ;

WHEREAS , TO TAKE INTO ACCOUNT IMPORT TRENDS FOR THE PRODUCTS CONCERNED IN THE VARIOUS MEMBER STATES , EACH OF THE QUOTA AMOUNTS SHOULD BE DIVIDED INTO TWO INSTALMENTS , THE FIRST BEING ALLOCATED AMONG THE MEMBER STATES AND THE SECOND HELD AS A RESERVE INTENDED TO COVER AT A LATER DATE THE REQUIREMENTS OF MEMBER STATES WHO HAVE USED UP THEIR INITIAL SHARE ; WHEREAS , IN ORDER TO GUARANTEE SOME DEGREE OF SECURITY TO IMPORTERS IN EACH MEMBER STATE , THE FIRST INSTALMENT OF THE COMMUNITY QUOTAS SHOULD BE FIXED AT A LEVEL WHICH COULD , IN THE PRESENT CIRCUMSTANCES , BE 50 % OF EACH OF THE QUOTA VOLUMES ;

WHEREAS THE INITIAL SHARES OF THE MEMBER STATES MAY NOT BE USED UP AT THE SAME RATE ; WHEREAS , IN ORDER TO TAKE THIS INTO ACCOUNT AND AVOID DISRUPTION , ANY MEMBER STATE WHICH HAS USED UP ALMOST ALL OF ONE OF ITS INITIAL SHARES SHOULD DRAW A SUPPLEMENTARY SHARE FROM THE RELEVANT RESERVE ; WHEREAS THIS SHOULD BE DONE BY EACH MEMBER STATE EACH TIME ONE OF ITS SUPPLEMENTARY SHARES IS ALMOST USED UP , AND SO ON AS MANY TIMES AS THE RESERVE ALLOWS ; WHEREAS THE INITIAL AND SUPPLEMENTARY SHARES SHOULD BE VALID UNTIL THE END OF THE QUOTA PERIOD ; WHEREAS THIS FORM OF ADMINISTRATION REQUIRES CLOSE COLLABORATION BETWEEN THE MEMBER STATES AND THE COMMISSION , AND THE COMMISSION MUST BE IN A POSITION TO FOLLOW THE EXTENT TO WHICH THE QUOTA VOLUMES HAVE BEEN USED UP AND INFORM THE MEMBER STATES THEREOF ;

WHEREAS , IF AT A GIVEN DATE IN THE QUOTA PERIOD A MEMBER STATE HAS A CONSIDERABLE QUANTITY OF ONE OF ITS INITIAL SHARES LEFT OVER , IT IS ESSENTIAL THAT IT SHOULD RETURN A SIGNIFICANT PROPORTION THEREOF TO THE RELEVANT RESERVE TO PREVENT A PART OF ONE OR OTHER OF THE COMMUNITY QUOTAS REMAINING UNUSED IN ONE MEMBER STATE WHEN IT COULD BE USED IN OTHERS ;

WHEREAS SINCE THE KINGDOM OF BELGIUM , THE KINGDOM OF THE NETHERLANDS AND THE GRAND DUCHY OF LUXEMBOURG ARE UNITED IN AND REPRESENTED BY THE BENELUX ECONOMIC UNION , ALL TRANSACTIONS CONCERNING THE ADMINISTRATION OF SHARES ALLOCATED TO THAT ECONOMIC UNION MAY BE CARRIED OUT BY ANY ONE OF ITS MEMBERS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . FOR THE PERIOD 1 JULY 1979 TO 30 JUNE 1980 COMMUNITY TARIFF QUOTAS SHALL BE OPENED FOR THE FOLLOWING PRODUCTS , ORIGINATING IN ALGERIA , WITHIN THE LIMITS SET OUT BELOW :

****

( HL ) // //

CCT HEADING NO // DESCRIPTION // QUOTA VOLUME //

//

22.05 // WINE OF FRESH GRAPES ; GRAPE MUST WITH FERMENTATION ARRESTED BY THE ADDITION OF ALCOHOL : //

// C . OTHER : //

// - WINES ENTITLED TO ONE OF THE FOLLOWING DESIGNATIONS OF ORIGIN : //

// AIN BESSEM-BOUIRA , MEDEA , COTEAUX DU //

// ZACCAR , DAHRA , COTEAUX DE MASCARA , MONTS //

// DU TESSALAH , COTEAUX DE TLEMCEN , //

// OF AN ALCOHOLIC STRENGTH BY VOLUME NOT EXCEEDING 15 % VOL : //

// - IN CONTAINERS HOLDING TWO LITRES OR LESS // 300 000 //

// - IN CONTAINERS HOLDING MORE THAN TWO LITRES // 150 000 //

2 . WITHIN THESE TARIFF QUOTAS THE COMMON CUSTOMS TARIFF DUTIES APPLICABLE TO THESE WINES SHALL BE TOTALLY SUSPENDED .

3 . THE WINES IN QUESTION SHALL BENEFIT FROM THESE TARIFF QUOTAS ON CONDITION THAT THE PRICES ON IMPORT INTO THE COMMUNITY ARE NOT AT ANY TIME LESS THAN THE FREE-AT-FRONTIER REFERENCE PRICES REFERRED TO IN REGULATION ( EEC ) NO 2506/75 AND SUBSEQUENT TEXTS WHICH APPLY TO SUCH PRICES .

4 . ( A ) THE WINES IN QUESTION ARE SUBJECT TO COMPLIANCE WITH THE FREE-AT-FRONTIER REFERENCE PRICE .

( B ) THE WINES IN QUESTION SHALL BENEFIT FROM THESE TARIFF QUOTAS ON CONDITION THAT THE PROVISIONS OF ARTICLE 18 OF REGULATION ( EEC ) NO 337/79 ( 1 ) ARE COMPLIED WITH .

5 . EACH OF THESE WINES , WHEN IMPORTED , SHALL BE ACCOMPANIED BY A CERTIFICATE OF DESIGNATION OF ORIGIN ISSUED BY THE RELEVANT ALGERIAN AUTHORITY IN ACCORDANCE WITH THE MODEL ANNEXED TO THIS REGULATION .

ARTICLE 2

1 . THE TARIFF QUOTAS LAID DOWN IN ARTICLE 1 SHALL BE DIVIDED INTO TWO INSTALMENTS .

2 . A FIRST INSTALMENT OF EACH QUOTA SHALL BE ALLOCATED AMONG THE MEMBER STATES ; THE SHARES , WHICH SUBJECT TO ARTICLE 5 SHALL BE VALID UP TO 30 JUNE 1980 , SHALL BE AS FOLLOWS :

( HL ) // //

// WINES HAVING A REGISTERED DESIGNATION OF ORIGIN IN CONTAINERS HOLDING : //

//

MEMBER STATES // TWO LITRES OR LESS // MORE THAN TWO LITRES //

//

BENELUX // 24 900 // 11 820 //

DENMARK // 15 000 // 7 770 //

GERMANY // 30 000 // 15 880 //

FRANCE // 30 000 // 15 880 //

IRELAND // 10 200 // 4 060 //

ITALY // 15 000 // 7 770 //

UNITED KINGDOM // 24 900 // 11 820 //

//

TOTAL // 150 000 // 75 000 //

3 . THE SECOND INSTALMENT OF EACH QUOTA , AMOUNTING TO 150 000 AND 75 000 HECTOLITRES RESPECTIVELY , SHALL CONSTITUTE THE RESERVE .

ARTICLE 3

1 . IF 90 % OR MORE OF ONE OF A MEMBER STATE ' S INITIAL SHARES , AS SPECIFIED IN ARTICLE 2 ( 2 ), OR OF THAT SHARE LESS THE PORTION RETURNED TO THE RELEVANT RESERVE WHERE ARTICLE 5 HAS BEEN APPLIED , HAS BEEN USED UP , THAT MEMBER STATE SHALL WITHOUT DELAY , BY NOTIFYING THE COMMISSION , DRAW A SECOND SHARE EQUAL TO 15 % OF ITS INITIAL SHARE , ROUNDED UP WHERE NECESSARY TO THE NEXT WHOLE NUMBER , IN SO FAR AS THE AMOUNT IN THE RESERVE ALLOWS .

2 . IF , AFTER ONE OR OTHER OF ITS INITIAL SHARES HAS BEEN USED UP , 90 % OR MORE OF THE SECOND SHARE DRAWN BY A MEMBER STATE HAS BEEN USED UP , THAT MEMBER STATE SHALL , IN ACCORDANCE WITH THE CONDITIONS LAID DOWN IN PARAGRAPH 1 , DRAW A THIRD SHARE EQUAL TO 7.5 % OF ITS INITIAL SHARE , ROUNDED UP WHERE NECESSARY TO THE NEXT WHOLE NUMBER , IN SO FAR AS THE AMOUNT IN THE RESERVE ALLOWS .

3 . IF , AFTER ONE OR OTHER OF ITS SECOND SHARES HAS BEEN USED UP , 90 % OR MORE OF THE THIRD SHARE DRAWN BY A MEMBER STATE HAS BEEN USED UP , THAT MEMBER STATE SHALL , IN ACCORDANCE WITH PARAGRAPH 1 , DRAW A FOURTH SHARE EQUAL TO THE THIRD .

THIS PROCESS SHALL CONTINUE TO APPLY UNTIL THE RESERVES ARE USED UP .

4 . NOTWITHSTANDING PARAGRAPHS 1 , 2 AND 3 , MEMBER STATES MAY DRAW SMALLER SHARES THAN THOSE FIXED IN THESE PARAGRAPHS IF THERE IS REASON TO BELIEVE THAT THOSE FIXED MIGHT NOT BE USED UP . THEY SHALL INFORM THE COMMISSION OF THEIR REASONS FOR APPLYING THIS PARAGRAPH .

ARTICLE 4

EACH ADDITIONAL SHARE DRAWN PURSUANT TO ARTICLE 3 SHALL BE VALID UNTIL 30 JUNE 1980 .

ARTICLE 5

MEMBER STATES SHALL RETURN TO THE RESERVE , NOT LATER THAN 1 APRIL 1980 , THE UNUSED PORTION OF THEIR INITIAL SHARE WHICH , ON 15 MARCH 1980 , IS IN EXCESS OF 20 % OF THE INITIAL AMOUNT . THEY MAY RETURN A GREATER PORTION IF THERE ARE GROUNDS FOR BELIEVING THAT SUCH PORTION MIGHT NOT BE USED IN FULL .

MEMBER STATES SHALL NOTIFY THE COMMISSION , NOT LATER THAN 1 APRIL 1980 , OF THE TOTAL IMPORTS OF THE PRODUCTS CONCERNED EFFECTED UNDER THE COMMUNITY QUOTAS UP TO AND INCLUDING 15 MARCH 1980 AND , WHERE APPROPRIATE , THE PROPORTION OF EACH OF THEIR INITIAL SHARES THAT THEY ARE RETURNING TO EACH OF THE RESERVES .

ARTICLE 6

THE COMMISSION SHALL KEEP ACCOUNT OF THE SHARES OPENED BY MEMBER STATES PURSUANT TO ARTICLES 2 AND 3 AND SHALL INFORM EACH STATE OF THE EXTENT TO WHICH THE RESERVE HAS BEEN USED UP AS SOON AS IT HAS BEEN NOTIFIED .

THE COMMISSION SHALL NOTIFY THE MEMBER STATES , NOT LATER THAN 5 APRIL 1980 , OF THE STATE OF EACH RESERVE AFTER THE RETURN OF SHARES PURSUANT TO ARTICLE 5 .

THE COMMISSION SHALL ENSURE THAT THE DRAWING WHICH USES UP A RESERVE IS LIMITED TO THE BALANCE AVAILABLE AND , TO THIS END , SHALL SPECIFY THE AMOUNT THEREOF TO THE MEMBER STATE MAKING THE FINAL DRAWING .

ARTICLE 7

1 . MEMBER STATES SHALL TAKE ALL MEASURES NECESSARY TO ENSURE THAT ADDITIONAL SHARES DRAWN PURSUANT TO ARTICLE 3 ARE OPENED IN SUCH A WAY THAT IMPORTS MAY BE CHARGED WITHOUT INTERRUPTION AGAINST THEIR AGGREGATE SHARES IN THE COMMUNITY QUOTAS .

2 . MEMBER STATES SHALL ENSURE THAT IMPORTERS OF THE PRODUCTS CONCERNED ESTABLISHED IN THEIR TERRITORY HAVE FREE ACCESS TO THE SHARES ALLOCATED TO THEM .

3 . MEMBER STATES SHALL CHARGE IMPORTS OF THE SAID GOODS AGAINST THEIR SHARES AS AND WHEN THE GOODS ARE ENTERED FOR HOME USE .

4 . THE EXTENT TO WHICH A MEMBER STATE HAS USED UP ITS SHARES SHALL BE DETERMINED ON THE BASIS OF THE IMPORTS CHARGED IN ACCORDANCE WITH PARAGRAPH 3 .

ARTICLE 8

AT THE REQUEST OF THE COMMISSION , MEMBER STATES SHALL INFORM IT OF IMPORTS ACTUALLY CHARGED AGAINST THEIR SHARES .

ARTICLE 9

THE MEMBER STATES AND THE COMMISSION SHALL COLLABORATE CLOSELY IN ORDER TO ENSURE THAT THIS REGULATION IS OBSERVED .

ARTICLE 10

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JULY 1979 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT LUXEMBOURG , 12 JUNE 1979 .

FOR THE COUNCIL

THE PRESIDENT

J . FRANCOIS-PONCET