****

( 1 ) OJ NO L 265 , 27 . 9 . 1978 , P . 2 .

( 2 ) OJ NO L 296 , 21 . 10 . 1978 , P . 2 .

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

( 4 ) OJ NO L 360 , 22 . 12 . 1980 , P . 18 .

COUNCIL REGULATION ( EEC ) NO 2867/81

OF 29 SEPTEMBER 1981

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 TUNISIA ( 1981/82 )

THE COUNCIL 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 ARTICLE 20 OF THE COOPERATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF TUNISIA ( 1 ) STIPULATES THAT CERTAIN WINES HAVING A REGISTERED DESIGNATION OF ORIGIN , FALLING WITHIN SUBHEADING EX 22.05 C OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN TUNISIA , SPECIFIED IN THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS OF 16 OCTOBER 1978 ( 2 ), AND PRODUCED FROM THE 1977 AND SUBSEQUENT HARVESTS , 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 IN CONTAINERS HOLDING TWO LITRES OR LESS ;

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 THE COMMUNITY TARIFF QUOTA IN QUESTION SHOULD THEREFORE BE OPENED FOR THE PERIOD 1 NOVEMBER 1981 TO 31 OCTOBER 1982 ;

WHEREAS , SINCE A PROTOCOL AS PROVIDED FOR IN ARTICLE 118 OF THE 1979 ACT OF ACCESSION DOES NOT EXIST , THE COMMUNITY MUST ADOPT THE MEASURES REFERRED TO IN ARTICLE 119 OF THE ACT ; WHEREAS THE QUOTA CONCERNED WILL , THEREFORE , APPLY TO THE COMMUNITY OF NINE ;

WHEREAS THE WINES IN QUESTION ARE SUBJECT TO COMPLIANCE WITH THE FREE-AT-FRONTIER REFERENCE PRICE ; WHEREAS THE WINES IN QUESTION SHALL BENEFIT FROM THIS TARIFF QUOTA ON CONDITION THAT ARTICLE 18 OF REGULATION ( EEC ) NO 337/79 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3456/80 ( 4 ), IS COMPLIED WITH ;

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 A SYSTEM OF USING A COMMUNITY TARIFF QUOTA , BASED ON ALLOCATION AMONG THE MEMBER STATES , APPEARS LIKELY TO COMPLY WITH THE COMMUNITY NATURE OF THE SAID QUOTA HAVING REGARD TO THE ABOVE PRINCIPLES ; 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 TUNISIA 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 , 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 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 ITS INITIAL SHARE SHOULD DRAW A SUPPLEMENTARY SHARE FROM THE 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 VOLUME HAS 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 THE INITIAL SHARE LEFT OVER , IT IS ESSENTIAL THAT IT SHOULD RETURN A SIGNIFICANT PROPORTION THEREOF TO THE RESERVE , TO PREVENT A 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 WITHIN AND JOINTLY REPRESENTED BY THE BENELUX ECONOMIC UNION , ALL TRANSACTIONS CONCERNING THE ADMINISTRATION OF THE SHARES ALLOCATED TO THAT ECONOMIC UNION MAY BE CARRIED OUT BY ANY ONE OF ITS MEMBERS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . FROM 1 NOVEMBER 1981 TO 31 OCTOBER 1982 A COMMUNITY TARIFF QUOTA OF 50 000 HECTOLITRES SHALL BE OPENED FOR THE PRODUCTS INDICATED BELOW AND ORIGINATING IN TUNISIA : // //

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 : //

// COTEAUX DE TEBOURBA , SIDI-SALEM , KELIBIA , THIBAR , MORNAG , GRAND CRU MORNAG OF AN ACTUAL ALCOHOLIC STRENGTH OF 15 % VOL OR LESS AND IN CONTAINERS HOLDING TWO LITRES OR LESS //

2 . WITHIN THE TARIFF QUOTA REFERRED TO IN PARAGRAPH 1 , THE COMMON CUSTOMS TARIFF DUTIES APPLICABLE TO THESE WINES SHALL BE TOTALLY SUSPENDED .

3 . WINES PRODUCED FROM THE 1977 AND SUBSEQUENT HARVESTS SHALL BE ACCORDED THE BENEFIT OF THE TARIFF QUOTA REFERRED TO IN PARAGRAPH 1 .

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

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

5 . EACH OF THESE WINES , WHEN IMPORTED , SHALL BE ACCOMPANIED BY A CERTIFICATE OF DESIGNATION OF ORIGIN , ISSUED BY THE RELEVANT TUNISIAN AUTHORITY , IN ACCORDANCE WITH THE MODEL ANNEXED TO THIS REGULATION AND CERTIFYING IN BOX 16 THAT THESE WINES HAVE BEEN PRODUCED FROM THE 1977 AND SUBSEQUENT HARVESTS .

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 31 OCTOBER 1982 , SHALL BE AS FOLLOWS : // // ( HECTOLITRES ) //

BENELUX // 4 500 //

DENMARK // 2 500 //

GERMANY // 5 000 //

FRANCE // 5 000 //

IRELAND // 1 000 //

ITALY // 2 000 //

UNITED KINGDOM // 4 200 //

3 . THE SECOND INSTALMENT OF THE QUOTA , AMOUNTING TO 25 800 HECTOLITRES , SHALL CONSTITUTE THE RESERVE .

ARTICLE 3

1 . IF 90 % OR MORE OF ONE 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 ACCODANCE 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 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 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

THE ADDITIONAL SHARES DRAWN PURSUANT TO ARTICLE 3 SHALL BE VALID UNTIL 31 OCTOBER 1982 .

ARTICLE 5

MEMBER STATES SHALL RETURN TO THE RESERVE , NOT LATER THAN 1 SEPTEMBER 1982 , THE UNUSED PORTION OF THEIR INITIAL SHARE WHICH , ON 15 AUGUST 1982 , 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 SEPTEMBER 1982 , OF THE TOTAL IMPORTS OF THE PRODUCTS CONCERNED EFFECTED UNDER THE COMMUNITY QUOTAS UP TO AND INCLUDING 15 AUGUST 1982 AND , WHERE APPROPRIATE , THE PROPORTION OF THEIR INITIAL SHARE THAT THEY ARE RETURNING TO THE RESERVE .

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 SEPTEMBER 1982 , OF THE STATE OF THE RESERVE AFTER THE RETURN OF SHARES PURSUANT TO ARTICLE 5 .

THE COMMISSION 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 . MEMBER STATES SHALL CHARGE IMPORTS OF THE SAID GOODS AGAINST THEIR SHARES AS AND WHEN THE GOODS ARE ENTERED FOR FREE CIRCULATION .

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 NOVEMBER 1981 .

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

DONE AT BRUSSELS , 29 SEPTEMBER 1981 .

FOR THE COUNCIL

THE PRESIDENT

P . WALKER