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( 1 ) OPINION DELIVERED ON 16 MARCH 1979 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).

( 2 ) OJ NO L 264 , 27 . 9 . 1978 , P . 2 .

( 3 ) OJ NO L 65 , 11 . 3 . 1977 , P . 2 .

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

COUNCIL REGULATION ( EEC ) NO 576/79

OF 26 MARCH 1979

OPENING , ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR CERTAIN WINES HAVING A REGISTERED DESIGNATION OF ORIGIN , FALLING WITHIN SUBHEADING EX 22.05 C OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN MOROCCO ( 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 KINGDOM OF MOROCCO ( 2 ) STIPULATES IN ARTICLE 21 THAT CERTAIN WINES HAVING A REGISTERED DESIGNATION OF ORIGIN FALLING WITHIN SUBHEADING EX 22.05 C OF THE COMMON CUSTOMS TARIFF , ORIGINATING IN MOROCCO , SPECIFIED IN THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS OF 12 MARCH 1977 ( 3 ) SHALL BE IMPORTED INTO THE COMMUNITY FREE OF CUSTOMS DUTIES WITHIN THE LIMITS OF AN ANNUAL COMMUNITY TARIFF QUOTA OF 50 000 HECTOLITRES ; WHEREAS THESE WINES MUST BE PUT UP IN CONTAINERS HOLDING TWO LITRES OR LESS ; WHEREAS , HOWEVER , OWING TO CERTAIN CHARACTERISTIC FEATURES INHERENT IN THE PRODUCTION AND MARKETING OF THE PRODUCTS IN QUESTION , THE EXPIRY DATE FOR THE VALIDITY OF THE TARIFF QUOTA SHOULD HENCEFORWARD BE FIXED AT 30 JUNE ; WHEREAS THE TARIFF QUOTA REFERRED TO BY THIS REGULATION SHOULD THEREFORE BE OPENED FOR A PERIOD FROM 1 APRIL 1979 TO 30 JUNE 1980 , AND THE VOLUME INCREASED TO 62 500 HECTOLITRES ;

WHEREAS THE IMPORT PRICE FOR THE WINES ON IMPORTATION INTO THE COMMUNITY 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 IN QUESTION ;

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 ( 4 ) 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 QUOTA , AND UNINTERRUPTED APPLICATION OF THE RATES LAID DOWN FOR THIS QUOTA TO ALL IMPORTS OF THE PRODUCTS CONCERNED INTO THE MEMBER STATES UNTIL THE QUOTA HAS BEEN USED UP ; WHEREAS , HAVING REGARD TO THE ABOVE PRINCIPLES , THE COMMUNITY NATURE OF THE QUOTA CAN BE RESPECTED BY ALLOCATING THE COMMUNITY TARIFF QUOTA 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 TO BOTH THE STATISTICS RELATING TO IMPORTS OF THE SAID PRODUCTS FROM MOROCCO OVER A REPRESENTATIVE REFERENCE PERIOD AND 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 VOLUME 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 , THE QUOTA AMOUNT 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 QUOTA SHOULD BE FIXED AT A LEVEL WHICH COULD , IN THE PRESENT CIRCUMSTANCES , BE 50 % OF THE QUOTA VOLUME ;

WHEREAS THE INITIAL SHARES OF THE MEMBER STATES MAY BE USED UP AT DIFFERENT RATES ; WHEREAS , IN ORDER TO TAKE THIS INTO ACCOUNT AND TO AVOID A BREAK IN CONTINUITY , ANY MEMBER STATE WHICH HAS USED UP ALMOST ALL OF ITS INITIAL SHARE SHOULD DRAW AN ADDITIONAL SHARE FROM THE RESERVE ; WHEREAS THIS SHOULD BE DONE BY EACH MEMBER STATE EACH TIME ONE OF ITS ADDITIONAL SHARES IS ALMOST USED UP , AND SO ON AS MANY TIMES AS THE RESERVE ALLOWS ; WHEREAS THE INITIAL AND ADDITIONAL SHARES MUST 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 VOLUME HAS BEEN USED UP AND INFORM THE MEMBER STATES THEREOF ;

WHEREAS , IF AT A GIVEN DATE IN THE QUOTA PERIOD A SUBSTANTIAL QUANTITY OF ITS INITIAL SHARE REMAINS UNUSED IN ANY MEMBER STATE , IT IS ESSENTIAL THAT IT SHOULD RETURN A SIGNIFICANT PROPORTION THEREOF TO THE RESERVE , TO PREVENT PART OF THE COMMUNITY QUOTA 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 THE SHARES ALLOCATED TO THE ABOVEMENTIONED ECONOMIC UNION MAY BE CARRIED OUT BY ANY ONE OF ITS MEMBERS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . FOR THE PERIOD FROM 1 APRIL 1979 TO 30 JUNE 1980 A COMMUNITY TARIFF QUOTA OF 62 500 HECTOLITRES SHALL BE OPENED FOR THE FOLLOWING PRODUCTS ORIGINATING IN MOROCCO :

//

CCT HEADING NO // DESCRIPTION //

//

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 : //

// BERKANE , SAIS , BENI M ' TIR , GUER- //

// ROUANE , ZEMMOUR , ZENNATA , OF AN //

// ACTUAL ALCOHOLIC STRENGTH NOT //

// EXCEEDING 15 * VOL IN CONTAINERS //

// HOLDING 2 LITRES OR LESS //

2 . WHITHIN THIS TARIFF QUOTA THE COMMON CUSTOMS TARIFF DUTIES APPLICABLE TO THESE WINES SHALL BE TOTALLY SUSPENDED .

3 . THE WINES IN QUESTION SHALL BENEFIT FROM THIS TARIFF QUOTA 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 . EACH OF THESE WINES , WHEN IMPORTED , SHALL BE ACCOMPANIED BY A CERTIFICATE OF DESIGNATION OF ORIGIN , ISSUED BY THE RELEVANT MOROCCAN AUTHORITY , IN ACCORDANCE WITH THE MODEL ANNEXED TO THIS REGULATION .

ARTICLE 2

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

2 . A FIRST INSTALMENT OF THE 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 :

( IN HECTOLITRES ) BENELUX5 200 DENMARK3 130 FEDERAL REPUBLIC OF GERMANY6 250 FRANCE6 250 IRELAND2 090 ITALY3 130 UNITED KINGDOM5 200 3 . THE SECOND INSTALMENT OF THE QUOTA , AMOUNTING TO 31 250 HECTOLITRES , SHALL CONSTITUTE THE RESERVE .

ARTICLE 3

1 . IF 90 % OR MORE OF A MEMBER STATE ' S INITIAL SHARE , AS SPECIFIED IN ARTICLE 2 ( 2 ), OR OF THAT SHARE LESS THE PORTION RETURNED TO THE 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 ITS INITIAL SHARE 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 .

3 . IF , AFTER ITS SECOND SHARE 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 THE CONDITIONS LAID DOWN IN PARAGRAPH 1 , DRAW A FOURTH SHARE EQUAL TO THE THIRD .

THIS PROCESS SHALL CONTINUE TO APPLY UNTIL THE RESERVE IS 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 GROUNDS FOR APPLYING THIS PARAGRAPH .

ARTICLE 4

THE 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 , SUCH UNUSED PORTION OF THEIR INITIAL SHARE AS , ON 15 MARCH 1980 , IS IN EXCESS OF 20 % OF THE INITIAL AMOUNT . THEY MAY RETURN A GREATER QUANTITY IF THERE ARE GROUNDS FOR BELIEVING THAT THIS QUANTITY 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 THEIR INITIAL SHARE THAT THEY ARE RETURNING TO THE RESERVE .

ARTICLE 6

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

IT SHALL NOTIFY THE MEMBER STATES , NOT LATER THAN 5 APRIL 1980 , OF THE STATE OF THE RESERVE AFTER QUANTITIES HAVE BEEN RETURNED THERETO PURSUANT TO ARTICLE 5 .

IT SHALL ENSURE THAT THE DRAWING WHICH USES UP THE 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 QUOTA .

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 . THE MEMBER STATES SHALL CHARGE THE IMPORTS OF THE PRODUCTS CONCERNED AGAINST THEIR SHARES AS AND WHEN THE PRODUCTS ARE ENTERED WITH CUSTOMS AUTHORITIES 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 APRIL 1979 .

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

DONE AT BRUSSELS , 26 MARCH 1979 .

FOR THE COUNCIL

THE PRESIDENT

P . MEHAIGNERIE