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COM (83) 138 
 
 
 
Vol. 1983/0 040 
  
 
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COMMISSION  OF THE  EUROPEAN  COMMUNITIES 
COM(83)  138 final 
Brussels,  21 March  1983 
Proposal  for a 
COUNCIL REGULATION  (EEC) 
opening,  allocating  and providing  for the administration 
of Community  tariff  quotas  for port wines,  falling  within 
heading No ex 22.05 of  the Common  Customs  Tariff,  and ori-
ginating  in Portugal  (1983/84) 
Proposal  for a 
COUNCIL REGULATION  (EEC) 
opening,  allocating  and providing  for the administration  of 
Community  tariff  quotas  for Madeira wines,  falling  within 
heading No ex 22.05 of  the Common  Customs  Tariff,  and 
originating  in Portugal  (1983/84) 
Proposal  for a 
COUNCIL REGULATION  (EEC) 
opening,  allocating  and providing  for the administration  of 
Community  tariff  quotas  for Setubal  muscatel wines,  falling 
within heading  No ex 22.05 of  the Common  Customs  Tariff,  and 
originating  in Portugal  (1983/84) 
(submitted  to the  Council by the  Commission) 
COM (83) 138 final 

EXPLANATORY  . -".E Vi  OP ANDUÌVì 
I. Article  9 of the Supplementary Protocol' to the Agreement of  1972 
between  the European Economic Community and the  Portuguese 
Republic  f completed  by Regulation  (EEC) No 2370/81 Uyinq 
down the  arrangements  applicable  to trade between Greece  and 
Portugal,  provides  for the opening of Community  tariff quotas for 
the wines listed below : 
Cowion Customs 
Tariff heading Description  of goods Annua I 
vo l urne Rate of 
reduct i on 
ex 22.05 C 
ex 22.05 C III 
IV a) 
a) 1 
1 Port wines 
- in containers holding 
two litres or Less 100 t+OQ hi 60 X 
ex 22.05 C 
ex 22.05 C III 
IV b) 
b) 1 
1 Port wines 
-in containers holding 
more than two litres 160 000. hi 50 % 
ex 22.05 C 
ex 22.05 C III 
IV a) 
a) 1 
1 Madeira wines 
- in containers holding 
two litres or less 4 0b"0 hi 60 % 
ex 22.05 C 
ex 22.05 C III 
IV b) 
b) 1 
1 Madeira wines 
- in containers holding 
more than two litres 14 500 'hi 50 % 
ex 22.05 C 
ex 22.05 C III 
IV a) 
a) 1 
1 Setubal muscatel wines 
- in'containers holding 
two litres or less 2 000 hi 60 % 
ex 22.05 C 
ex 22.05 C III 
IV b) 
b) 1 
1 Setubal muscatel wines 
- in containers holding 
more than two litres 1 000 hi 50 X 

- 2 -
Nevertheless, the Declaration by the  European  Economic  Community  on 
Article  9 of the  Supplementary  Protocol reserves the  right to the 
Community  from 1st July 1981 to increase, in the  light of the pattern 
of trade flows, the  tariff quota for Portwines  in containers holding 
2 litres or less by a quantity equal to the  amount no utilized  in the 
tariff quota for Portwines  in containers holding  more than 2 liters 
opened for the preceding period ; the global  volume has to be held 
unchanged  at 360 400 hi. 
The tariff quota of 230 000 hi for  Portwines  in containers holding  more 
than 2 liters opened for the period  from 1st July 1982 to 30  June 1983 
will be used to the extent of 210 000 hi. It may be estimated that the 
tariff quota of 210 000 hi for the  same wines opened for the period 
from 1st July 1983 to 30  June 1984 could be  sufficient  to cover import 
needs. Under these conditions, it  seems advisible to fix the  quota for 
Portwines  in containers holdinq two  liters or less at 150 400 hi for the 
period from 1 July 1983 to 30  June 1984 and to  reduce the quota for 
Portwines  in containers holding  more than two liters to 210 000 hi. 
2. These wines are subject to provision  relating  to the common organization 
of the market in wine. 
3. In order to  meet the Community's  obligations to Portugal  from 1.7.1983 
regulations  have to be adopted  providing for the  opening,  allocation 
and administration of  these Community  tariff quotas. 
4. The Regulation provides, in the  normal way, that  each of the volumes 
shall be divided  into two instalments, the  first of which is to be 
allocated among the Member States and the  second held as a reserve. 
The allocation  of the  first instalment is usually  based on statistics 
for the three preceding  years and on forecasts for the period in question. 
In the absence  of specific  Community  statistics  for these wines the 

- 3 -
initial quotas have been  calculated  on the basis of the most  recent 
statistics  for Portuguese  exports from 1979 to 1981. The  Portuguese 
statistics  can in  fact be considered  to give a rough picture of Com­
munity imports in the wines in  question. 
S. Owing to the  special characteristics  of the trade in these wines, which 
also differ between Member States, the regulation,  exceptionally,  does 
not establish  a uniform method of  administration. 
Annex : 3  proposals  for Regulations  of the  Council. 

- 4 -
Importations  de vins originaires  d'.i Portugal 
(sur la base des statistiques  portugaises) 
Vins de Porto 
j en récipients ^ 2 litres en récipients  • ^> 2 l i très 
1979 1980 1981 1979 1980 1981 
Bénélux 43.705 54 .844 58.693 62.592 69 .144 48.237 
[>cinéma r k 9 .676 10.835 12.235 18.342 16.988 10.507 A11emagne 24 .396 17.601 19 .867 20.244 16.687 17.984 
Grèce 14 250 35 - - -
France 1A0.535 151 .618 150.546 114.019 103.124 78.081 
Irlande 590 841 1 .683 6 - 5 
Italie 35 .532 31 .054 29.905 - - -
Royaume-Uni 28.608 25 .467 22.556 79.252 65.390 48.125 
CEE 283.056 292.510 295 .520 294.455 271 .333 202.939 
Vins de Madère 
Bénélux 244 275 368 4.811 2.779 3.773 
Danemark 79 34 52 3.237 2.586 1 .874 
Allemagne 40 63 62 6.113 5 „775 3.704 
Grece - -19 - - -
France 55 44 19 18.204 11.004 15 .463 
Irlande 11 5 - 17 9 -
Italie 115 55 279 - -
Royaume-Uni 105 127 66 3.497 2.743 3.001 
CEE 649 603 865 35 .879 24.896 27.815 
Vins Moscatel  de Setubal 
Bénélux 13 46 
Danemark 3 4 
Allemagne  10 Grèce 
France 4 9 
Irlande 
Italie 
Royaume-Uni  20 49 
. 1 1 24 
9 
49 I I 
CEE 50 108 82 

Proposal  for a 
COUNCIL  REGULATION  (EEC) ANNEX A 
opening,  allocating  and providing for the  administration  of Community tariff 
quotas  for port  wines,  falling  within  heading  No ex  22.05  of the Common 
Customs  Tariff and  originating  in Portugal  (1983/84) 
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  9 of the Supplementary Protocol (') to 
the Agreement between the European Economic 
Community  and the Portuguese Republic (2), 
completed by  Council  Regulation (EEC) No 2370/81 
of 27  July  1981  laying  down the  arrangements 
applicable  to trade  between Greece and Portugal (J), 
provides  that  customs duties on imports into the 
Community  of certain wines originating in Portugal 
shall  be reduced : 
— by 60 % in the  case  of the duties applicable to 
port wines  falling  within  subheadings ex 22.05 C 
III a) 1 and ex 22.05 C IV a) 1 of the Common 
Customs  Tariff,  up to a total annual  tariff  quota of 
100 400 hectolitres, and 
— by 50 % in the  case  of the duties applicable to 
port wines  falling  within  subheadings ex 22.05 C 
III b) 1 and ex 22.05 C IV b) 1 of the Common 
Customs  Tariff,  up to a total annual  tariff  quota of 
260 000 hectolitres ; 
Whereas the Declaration by the European Economic 
Community  on  Article  9 of the Supplementary 
Protocol  (4) reserves the right to the Community to 
increase, as from 1  July  1981, the volume of the  tariff 
quota referred to under (a) in so far as the  tariff  quota 
referred to under (b) has not been exhausted com­
pletely  during the preceding period, the total volume 
rema.,">3  at 360 000 hectolitres; whereas during 
recent year an average quantity  of5  0 000 hectolitres of 
port wines referred to under (b) has not been 
exhausted ; whereas, on the basis of the development 
of the importations of the wines in question during 
the two last quota periods, it is necessary to fix the 
tariff  quotas  for these  wines at respectively 150 4 hectolitres  and210  000 hectolitres for the period  1 
July 1983  to 30 June  1984 ; 
Whereas Portugal has given an  assurance  that  the price 
for wines originating in its territory  will  not be lower 
than the reference price less the customs duties actu­
ally charged ; whereas, as a result thereof, the wines 
covered  by those  tariff  quotas  should be  treated  in the 
same  manner as wines granted preferential  tariff 
concessions, provided the free-at-frontier reference 
price  is observed ; whereas such wines benefit from the 
tariff  concessions only if the provisions of  Article  18 of' 
Council  Regulation (EEC) No 337/79  (5) , 
amended by Regulation (EEC) No  3082/82(6),  as 
respected ; whereas  those  provisions apply to imports 
under  those  quotas  ; 
Whereas it is in particular necessary to  ensure  for all 
Community  importers equal and uninterrupted access 
to the abovementioned  quotas  and uninterrupted 
application  of the  rates  laid  down for  these  quotas  to 
all imports of the products concerned into all 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  quota among the Member  States  ; 
whereas, in order to reflect as accurately as possible the 
true trend of the market in the products concerned, 
such  allocation should be in proportion to the require­
ments  of the Member States, assessed by reference to 
the statistics of each  State's  imports from Portugal over 
a representative reference period and also to the 
economic  outlook for the quota period concerned ; 
Whereas available Community statistics give no infor­
mation  on the situation of port wines on the markets ; 
whereas, however, Portuguese statistics for exports of 
these  products to the Community during the  past 
three  years can be considered to reflect approximately 
the situation of Community imports ; whereas, on this 
basis^ the corresponding imports by each of the 
Member  States  for the  past  three  years  represent  the 
following  percentages  of the imports into the Commu­
nity from Portugal of the products concerned : 
(') OJ No L  348, 31. 12. 1979,  p. 44. 
(2) OJ No L  301, 31. 12. 1972,  p. 165. 
(') OJ No L  236, 21. 8. 1981,  p. 1. 
(") OJ No L  348, 31. 12. 1979,  p. 61. 0 OJ No L  54. 5. 3. 1979,  p. 1. 
('') oj No L 326, 23.12.1982,  p. 1. 

ANNEX A 
1079 1980 1981 
Port wines : 
— in containers  holding 
two litres  or less : 
Benelux 154 18-7 19-9 
Denmark 3-5 3-7 41 
Germany 8-6 6-1 6-8 
Greece — — 0-1 
France 49-7 51-8 51-0 
Ireland 0-2 0-3 0-6 
Italy 12-5 10-6 10-2 
United Kingdom 101 8-7 7-3 
— in containers  holding 
more  than  two  litres  : 
Benelux 21-3 25-5 23-7 
Denmark 6-2 6-3 5-2 
Germany 6-9 6-2 8-8 
Greece — — — 
France 38-7 38-0 38-5 
Ireland — — 0-1 
Italy — — — 
United Kingdom 26-7 24-0 23-7 
Whereas,  in  view  of these  data  and the  estimates 
submitted  by  certain Member States,  initial  quota 
shares  may be  fixed  approximately  at the  following 
percentages  : 
Member  States Port wines in  containers 
holding  : 
Member  States 
two litres more  than 
or less two litres 
Benelux 18-05 23-41 
Denmark 3-76 5-96 
Germany 7-12 7-14 
Greece 001 001 
France 50-83 38-40 
Ireland 0-36 001 
Italy 11-07 001 
United Kingdom 8-80 25-06 
Whereas,  in order  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 instalment being  allo­
cated among  the  Member  States  which  have used  up 
their  initial  quota  shares  ; whereas,  in order  to give 
importers  in each Member State  a certain degree  of 
security,  the  first instalment  of the  Community quotas 
should,  under  the  present circumstances,  be fixed  at 
around 95  % of  each  of the  quota mounts  ; 
Whereas  the  initial  quota  shares  of the  Member  States 
may be used  up at  different times  ; whereas,  in order  to 
take this fact into account  and  avoid  any  break  in 
continuity,  any  Member State  which  has  almost used 
up its  initial  quota  share  should draw  an additional quota  share  from  the  corresponding reserve  ; whereas 
this must  be done  by each Member State  as and  when 
each of its  additional  shares  is almost used  up and 
repeated  as many times  as the  reserve allows  ; whereas, 
the initial  and  additional quota  shares  must  be valid 
until  the end of the  quota period  ; whereas this 
method  of administration requires close cooperation 
between Member  States  and the  Commission  and the 
latter must,  in particular,  be in a  position  to monitor 
the extent  to which  the  quota volumes have been used 
up and to  inform  the  Member  States  thereof  ; 
Whereas  if, at a  given  date  in the  quota period,  a 
substantial quantity  of one of the  initial  shares  remains 
unused  in one or  other Men  s State  it is  essential 
that that  Member State should return  a significant 
proportion  to the  reserve  to prevent  a part  of any 
Community  quota  from  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  any  operations 
relating  to the  administration  of the  quota  shares  allo­
cated  to that  economic union  may be  carried  out by 
any one of its  members, 
HAS  ADOPTED  THIS  REGULATION  : 
Article  I 
1. From  1 July  1983  to 30  June 1984,Community 
tariff  quotas  shall  be opened,  in the  Community,  for 
products originating  in Portugal  within  the  limits  set 
out below  : 
(hectolitres) 
CCT 
heading  No Description Quota 
amount 
ex 22.05  C III a)  1 ) 
ex 22.05 C  IV a)  1 / Port  wines 150 400 ex 22.05 C  IV a)  1 ) 150 400 
ex 22.05  C III b)  1 ) ex 22.05  C III b)  1 
} Port  wines 210 000 ex 22.05 C  IV b)  1 
S 
2. The  Common Customs  Tariff  duties  on  wines 
imported  within  these  tariff  quotas  shall  be suspended 
at the  rates  set out  below: 
(ECU/hl) 
CCT 
heading  No Rate of duty 
ex 22.05  C III a)  1 6-5 
ex 22.05 C  IV a) 1 7-0 
ex 22.05  C III  b) 1 6-6 
ex 22.05  C IV b) 1 7-2 

ANNEX A 
Within  these  tariff  quotas, Greece  shall  apply customs 
duties calculated  in accordance  with  the  relevant 
provisions  of the  1979 Act  of Accession  and of  Regu­
lation  (EEC)  No  2370/81. 
3. The  wines  shall  benefit  from  these  tariff  quotas 
only if Article  18 (3) and (4) of  Regulation (EEC)  No 
337/79  are  respected. 
Article  2 
1. Each  of the  tariff  quotas referred  to in  Article  1 
shall be divided  into  two  parts. 
2. (a) The  first instalment  of each quota  shall  be allo­
cated among  the  Member States  ; the  respective 
shares,  which  subject  to Article  5 shall  be valid 
until  30  June 1984j  shall  be as  follows: 
(hectolitres} 
Member  States Port wines . under  subheadings  : 
Member  States ex 22.05  C III a)  1 
and 
ex 22.05  C IV a)  1 ex 22.05  C III b) 1 
and 
ex 22.05  C IV b)  1 
Benelux 
Denmark 
Germany 
Greece 
France 
Ireland 
Italy 
United 
Kingdom 
Total 25 80U 
5 370 
10 170 
15 
72 630 
515 
15 820 
12 580 46 700 
11 90iT 
14 240 
20 
76 600 
20 
20 
5 0 000 Benelux 
Denmark 
Germany 
Greece 
France 
Ireland 
Italy 
United 
Kingdom 
Total 142 900 199 500 
(b) The  second instalment  of each quota, namely 
7 500  and 1 05 00 hectolitres respectively,  shall 
constitute  the  corresponding reserve. 
Article  3 
1. If 90 % or  more  of one of the  Member State's 
initial  shares  as specified  in  Article  2 (2), or of  that 
share minus  the  portion returned  to the  reserve, where 
Article  5 is  applied,  has  been used  up,  then,  to the 
extent permitted  by the  amount  of the  reserve,  that 
Member  State  shall  forthwith,  by  notifying  the 
Commission,  draw  a second share equal  to 10 % of its 
initial  share, rounded  up where necessary  to the  next 
unit. 
2. If,  after  one of its  initial  shares  has  been used  up, 
90 % or  more  of the  second share drawn  by a  Member 
State  has  been used  up,  then,  to the  extent permitted 
by the  amount  of the  reserve,  that  Member State  shall, 
in accordance  with  the  conditions  laid  down  in para­
graph  1, draw  a third  share equal  to 5 % of its  initial 
share, rounded  up where necessary  to the  next unit. 3. If,  after  one 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  the  conditions  laid  down  in 
paragraph  1, draw  a fourth share equal  to the  third. 
This  process  shall  continue  until  the  reserve  is used 
up. 
4. By way  of derogation  from  paragraphs  1, 2 and 3, 
a Member State  may  draw shares smaller than those 
fixed  in those paragraphs  if there  is reason  to believe 
that these  might  not be  used  up. It  shall  inform  the 
Commission  of its  reasons for  applying  this paragraph. 
Article  4 
Each  of the  additional shares drawn pursuant  to 
Article  3 shall  be  valid  until  30  June  1984. 
Article  5 
The Member States  shall  return  to the  reserve,  not  later 
than 1 April  1983 the  unused portion  of their  initial 
share  which,  on 15  March  1984 is in  excess  of 20 % 
of the  initial  volume. They  may  return  a larger quan­
tity if there  are  grounds  for  believing  that  it might  not 
be used. 
The Member States  shall,  not  later than  1 April  1984  / 
notify  the  Commission  of the  total quantities  of the 
products concerned imported  up to 15  March  1984 
and charged against  the  Community  quotas  and of  any 
quantities  of the  initial  shares returned  to each reserve. 
Article  6 
The Commission  shall  keep  an account  of the  shares 
opened  by the  Member States pursuant  to Articles  2 
and 3 and  shall,  as soon  as it is  notified,  inform  each 
State  of the  extent  to which  the  reserves have been 
used up. 
The Commission  shall,  not  later than  5 April  198  4, 
notify  Member States  of the  amount  in each reserve 
after quantities have been returned thereto pursuant  to 
Article  5. 
The Commission  shall  ensure  that  any  drawing  which 
uses up any  reserve  is limited  to the  balance available 
and to this end  shall  specify  the amount thereof  to the 
Member  State  which  makes  the  last drawing. 
Article  7 
1. The  Member States  shall  take all measures neces­
sary 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 accumu­
lated  shares  of the  Community  quotas. 

ANNEX A 
2. The Member  States  shall ensure that importers of 
the products concerned 
have free  access  to the  shares  allocated to them. 
3. The  extent  to which a Member  State  has used up 
its shares  shall be determined on the  basis  of the 
imports of the products concerned originating in 
Portugal  as and when the  goods  are entered with 
customs  authorities for free circulation. 
Article  8 
At the Commission's  request  Member  States  shall 
inform  it of imports of the products concerned actu­
ally charged  against  their shares. Article  9 
The Member  States  and the Commission shall 
cooperate  closely  in order to ensure that  this  Regula­
tion is complied with. 
Article  10 
This  Regulation shall  enter  into force on  1 JULy  1 983 . 
This  Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the  Council 
The President 

Proposal  for a 
COUNCIL  REGULATION  (EEC) ANNEX  B 
opening,  allocating  and providing for the  administration  of Community tariff quotas  for Madeira  wines,  falling  within  heading  No ex 22.05 of the Common Customs  Tariff and  originating  in Portugal  (1983/84) 
THE COUNCIL  OF THE  EUROPEAN 
COMMUNITIES, 
Having  regard  to the  Treaty  establishing  the European 
Economic  Community,  and in particular  Article  113 
thereof, 
Whereas  Article  9 of the Supplementary  Protocol  (') to 
the Agreement between the European Economic 
Community  and the Portuguese  Republic  (z), 
completed  by Council  Regulation  (EEC) No  2370/81 
of 27 July 1981  laying  down the arrangements ap­
plicable  to trade  between Greece and  Portugal  (3), 
provides  that customs duties on imports into the 
Community  of certain wines originating in Portugal 
shall be reduced  : 
— by 60 %  in the case of the duties applicable to 
Madeira  wines  falling  within  subheadings  ex 22.05 
C III a) 1 and ex 22.05  C IV a)  1 of the  Common 
Customs  Tariff,  up to a total annual  tariff quota  of 
4 050 hectolitres, 
— by 50 %  in the case of the duties applicable to 
Madeira  wines  falling  within  subheadings  ex 22.05 
C III b) 1 and ex 22.05  C IV b)  1 of the  Common 
Customs  Tariff,  up to  a total annual  tariff quota  of 
14 500  hectolitres  ; 
Whereas  Portugal  has given  an assurance  that the price 
for wines  originating  in its territory  will not be lower 
than the reference price less the customs duties actu­
ally charged  ; whereas, as a result thereof, the wines 
covered  by those  tariff quotas  should  be treated  in the 
same manner as wines granted preferential  tariff 
concessions, provided the free-at-frontier reference 
price is observed  ; whereas  such wines  bcr :t:iit from the 
tariff concessions  only  if the provisions  of Article  18 of 
Council  Regulation (EEC) No  337/79  H, as last 
amended by Regulation (EEC) No / 0, are 
respected  ; whereas those provisions apply to imports 
under these  quotas  ; 
/3082/82 (5) 
Whereas it is in particular necessary to ensure for all 
Community  importers equal and uninterrupted access to the abovementioned quotas and uninterrupted 
application  of the  rates  laid down  for these  quotas to 
all imports  of the products concerned  into all 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 quota among the Member States; whereas,  in order  to reflect  as accurately  as possible  the true trend of the market in the products concerned, 
such allocation  should  be in proportion  to the require­
ments  of the Member  States,  calculated  by reference to 
the statistics  of each State's  imports  from Portugal  over 
a representative reference period and also to the 
economic  outlook for the quota period  concerned  ; 
Whereas  available  Community  statistics  give no infor­
mation  on the situation of  Madeira  wines on the 
markets; whereas, however, Portuguese statistics for 
exports of  these  products to the  Community  during 
the past three  years can be considered to reflect 
approximately  the situation of  Community  imports  ; 
whereas, on this basis, the corresponding imports by 
each of the Member  States  for the  past three  years 
represent the  following  percentages  of the  imports  into 
the Community  from  Portugal of the products 
concerned  : 
1979 1980 1981 
Madeira  wines  : 
— in containers  holding 
two litres  or less : Benelux 37-5 45-9 42-3 Denmark 12-2 5-7 60 Germany 6-2 100 7-2 Greece — — 2-2 France 8-5 7-3 2-2 Ireland 1-7 01 — Italy 17-7 9-2 32-3 United Kingdom 16-2 21-3 7-6 
— in containers  holding 
more than two litres : Benelux 13-4 11-2 13-6 Denmark 9-0 10-4 6-7 Germany 17-0 23-2 13-3 
Greece — — — France 50-8 44-2 55-6 Ireland 0-1 _ — Italy — — — 
United Kingdom 9-7 11-0 10-8 (') OJ No L 348, 31. 12. 1979,  p. 44. (2) OJ No L 301, 31. 12. 1972,  p. 165. (>) OJ No L 236, 21. 8. 1981,  p. 1. (•) OJ No L 54, 5. 3. 1979,  p. 1. 
OOJ No L  Z26f 23.12.1982,  p. 1. 

ANNEX B 
Whereas,  in view of these  data and the  estimates 
submitted  by certain Member  States,  initial  quota shares  may be  fixed approximately  at the  following percentages  : 
Member  States Madeira :ines in holding containers 
Member  States two litres 
or less more than two litres 
Benelux 41-9 12-2 
Denmark 7-8 90 Germany 7-8 18-9 Greece 0-6 01 France 5-5 49-3 Ireland 10 01 Italy 21 0 01 UnitedKingdom 14-4 10-3 
Whereas, in order to  take into account import  trends 
for the products concerned  in the  various Member States,  the quota volumes should be divided into two 
instalments, the first  being  shared among the  Member States  and the second constituting  a reserve  to cover at 
a later  date the requirements  of the  Member  States 
which  have used  up their initial  quota  shares  ; whereas, 
in order to give importers in each Member  State a 
certain  degree  of security, the first instalment of the 
Community  quotas  should,  under the  present  circum­stances,  be fixed at 90 % of each of the  quota 
volumes  ; 
Whereas the  Member  States'  initial  shares  may be used 
up at different  times  ; whereas, in order to  take this 
fact into account and avoid any break in continuity, 
any Member  State  which  has almost used up its  initial share should draw an additional  share  from the corre­
sponding  reserve  ; whereas  this must be done by each 
Member  State as and when each  of its  additional shares  is almost used up, and  repeated  as many times 
as the reserve  allows  ; whereas  the initial  and addi­
tional shares  must be  valid until the end of the quota 
period;  whereas  this method  of administration 
requires  close cooperation,  between  Member  States  and 
the Commission,  and the latter must be in a position 
to monitor  the extent  to which  the quota volumes 
have been used  up and to  inform Member  States thereof; 
Whereas if,  at a given  date in the  quota period,  a 
substantial quantity of  an initial  share  remains unused 
in any Member  State it is essential  that that  Member 
State should return  a significant proportion  to the 
reserve,  to prevent a  part of any Community quota 
from 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 
b) the  Benelux  Economic  Union,  any operation relat-
'o the administration of  shares  allocated to  that 
c omic  union  may be carried out  by any one of its 
.leinbers, 
HAS ADOPTED  THIS  REGULATION  : 
Article  1 
1. From  1 July 1983  to 30 June  1984 ,Community 
tariff quotas  shall be opened in  the Community for 
products originating in Portugal  within  the limits set 
out below: 
(hectolitres) 
CCT heading  No Description Quota amount 
ex 22.05  C III a) 1 ex 22.05  C IV a) 1 J Madeira  wines 4 050 
ex 22.05  C III b) 1 ex 22.05  C IV b) 1 J Madeira  wines 14 500 
2. The Common Customs  Tariff  duties on wines 
imported  within  these  tariff quotas  shall be suspended 
at the rates set out below: 
(ECU/bl) 
CCT heading  No Rate of duty 
ex 22.05  C III a) 1 6-5 
ex 22.05  C IV a) 1 7-0 ex 22.05  C III b) 1 6-6 ex 22.05  C IV b) 1 7-2 
Within  these  tariff quotas,  Greece  shall apply customs 
duties calculated  in accordance with  the relevant 
provisions  of the  1979  Act of Accession  and of  Regu­
lation  (EEC)  No 2370/81. 
3. The wines shall benefit from  these  tariff quotas 
only if Article  18 (3) and (4) of Regulation  (EEC)  No 
337/79 is respected. 
Article  2 
1. The  tariff quotas  referred to in  Article  1 shall be 
divided  into two instalments. 
2. A first instalment of each quota shall be shared 
among  the Member  States;  the respective  shares, 
which  subject to  Article  5 shall be valid until 30 June 
1984,shall  be as  follows  : 

ANNEX B 
(hectolitres) 
Member  States Madeira  wines  under  subheadings  : 
Member  States ex 22.05  C III a) 1 and ex 22.05 C IV a) 1 ex 22.05 C III b) 1 and ex 22.05 C IV b) I 
Benelux 1 500 1 600 
Denmark 280 1 175 
Germany 280 2 470 
Greece 20 10 
France 200 6 450 
Ireland 40 10 
Italy 750 10 
United  Kingdom 520 1 355 
Total 3 590 13 080 
3. The second instalment of each quota, 460 and 
1 420 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 minus  the portion  returned to the  reserve,  where 
Article  5 is applied, has been used up, then, to  the 
extent permitted by the amount of the reserve,  that 
Member  State  shall  forthwith,  by notifying  the 
Commission,  draw  a second  share equal  to 10 % of  its 
initial share, rounded up where necessary to the next 
unit. , 
2. If, after  one of its  initial  shares  has been used up, 
90 % or  more  of the  second  share  drawn  by a Member 
State has been used up, then, to the extent permitted 
by the amount  of the reserve,  that Member  State  shall, 
in accordance  with the conditions  laid down  in para­
graph  1, draw  a third share equal to  5 % of its  initial 
share,  rounded  up where  necessary  to the next unit. 
3. If, after one 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 the conditions  laid down  in 
paragraph  1, draw a fourth share  equal  to the third. 
This process  shall continue  until the reserve is used 
up. ! 
4. By  way of  derogation  from paragraphs  1, 2 and 3, 
a Member  State may draw shares smaller than those 
fixed in those paragraphs if  there  is reason to believe that they might not be used up.  It shall inform  the 
Commission  of its reasons  for applying  this paragraph. 
Article  4 
Each of the  additional shares drawn pursuant  to 
Article  3 shall be valid until 30 June 1984. 
Article  5 
The Member  States  shall return  to the reserve,  not later 
tfyan 1 April 1984,  such unused  portion  of their  initial 
share as, on  15 March  1984, is  in excess of  20 %  of 
the initial  volume. They  may return  a larger  quantity  if there are grounds for  believing  that it might not be 
used. 
The Member  States  shall,  not later than  1 April  1984., 
notify the Commission  of the total quantities of the 
products concerned imported up  to 15 March  1984 
and clnrged  against the  Community  quotas  and of any 
quantities returned to the reserve. 
Article  6 
The Commission  shall keep an account of the shares 
opened by the  Member  States pursuant to  Articles  2 
and 3 and shall, as soon as it is  notified,  inform  each 
State of the extent to  which  the reserves have been 
used up. 
It shall,  not later than  5 April 1984,  inform  the 
Member  States  of the amount  in each reserve after the 
return of quantities pursuant to  Article  5. 
The Commission  shall ensure  that any drawing  which uses up any reserve is  limited  to the balance  available 
and, to this end,  shall specify the amount thereof t'p 
the Member State  which  makes the  final drawing. 
! Article  7 
1. The  Member  States  shall take all measures neces­
sary 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  accumu­
lated shares of the  Community  tariff quotas. 
2. The  Member  States  shall ensure  that importers  of 
the products concerned 
have free access  to the shares allocated  to them. 
3. The  extent  to which  a Member  State has used up 
its shares  shall be determined on  the basis of the 
imports  of the  products concerned originating  in 
Portugal  and entered  with customs authorities for free 
circulation. 

ANNEX  B 
Article 8 Article 10 
At the Commission's  request  Member  States  shall 
inform  it of imports of the  products  concerned actu­
ally charged  against  their  shares.  ïliis  Regulation shall  enter  into force on 
A • i a 1  July  1983. Artule  9 7 
The Member  States  and the Commission shall co­
operate  closely in  order  to ensure  that  this  Regulation 
is complied with. 
This  Regulation shall be binding in its  entirety  and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
The President 

Proposal  for a 
COUNCIL REGULATION  (EEC) ANNEX  C 
opening, allocating and providing for the administration of Community  taiiT." 
quotas  for Setubal muscatel  wines,  falling with,in heading No ex  22.05  of fhe 
Common  Customs  Tariff  and paginating in Portugal  (1983/84) 
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 9 of the Supplementary Protocol (') to 
the Agreement  between  the European Economic 
Community  and the Portuguese Republic (2), 
completed by  Council  Regulation (EEC) No 2370/81 
of 27 July 1981 laying down the arrangements appli­
cable to trade  between  Greece and Portugal (3), 
provides that  customs  duties  on imports into the 
Community  of certain  wines  originating in Portugal 
shall  be reduced: 
— by 60 % in the  case  of the  duties  applicable to 
Setubal muscatel  wines  falling within subheadings 
ex 22.05  C III a) 1 and ex  22.05  C IV a) 1 of the 
Common  Customs  Tariff,  up to a total annual tariff 
quota of 2 000 hectolitres, 
— by 50 % in the  case  of the  duties  applicable to 
Setubal muscatel  wines  falling within subheadings 
ex 22.05  C III b) 1 and ex  22.05  C IV b) 1 of the 
Common  Customs  Tariff,  up to a total annual tariff 
quota of 1 000 hectolitres ; 
Whereas Portugal has given an assurance that the price 
for wines  originating in its territory will not be lower 
than the refernce price  less  the customs  duties  actually 
charged; whereas, as a result  thereof,  the  wines 
covered by  those  tariff  quotas  should be treated in the 
same  manner as  wines  granted preferential tariff 
concessions,  provided the free-at-frontier reference 
price  is observed ;  whereas  such  wines  benefit from the 
tariff  concessions  only if the provisions of  Article  18 of 
Council  Regulation (EEC) No  337/79  (<), as  last 
amended by (EEC)  No3082/82  (5) ire respected; 
whereas  those  provisions appfy to imports under  those 
quotas  ; 
Whereas it is in particular  necessary  to ensure for all 
Community  importers equal and uninterrupted  access 
to the abovementioned  quotas  and uninterrupted 
application of the  rates  laid down for  these  quotas  to 
all imports of the products concerned into all Member 
States  until the  quotas  have  been  used up; whereas, 
(') OJ No L  348, 31. 12. 1979,  p. 44. 
(2) OJ No L  301, 31. 12. 1972,  p. 165. 
(>) OJ No L  236, 21. 8. 1981,  p. 1. 
(«) OJ No L  54, 5. 3. 1979,  p. 1. 
OOJ  No F.  326f  23.12.1982,  p.  1. having regard to the above principles, the Community 
nature of the  quotas  can be respected by allocating the 
Community  tariff quota among the Member  States; 
whereas, in order to reflect as accurately as possible the 
true trend of the market in the products concerned, 
such allocation should be in proportion to the require­
ments  of the Member  States,  calculated by reference to 
the statistics  of each  State's  imports from Portugal over 
a representative reference period and  also  to the 
economic outlook for the quota period concerned; 
Whereas available Community  statistics  give  no infor­
mation on the situation of Setubal muscatel  wines  on 
the markets ; whereas, however, Portuguese  statistics 
for exports of  these  products to the Community 
during  the past  three years can be considered to reflect 
approximately the situation of Community imports; 
whereas, on  this  basis, the corresponding imports by 
each of the Member  States  for the  past  three years 
represent the following  percentages  of the imports into 
the Community from Portugal of the products 
concerned : 
1979 1980 1981 
Setubal muscatel  wines: 
— in containers holding 
two litres or  less: 
Benelux 26 43 29 
Denmark 6 4 11 
Germany 20 — — 
Greece — — — 
France 8 8 — 
Ireland — —r — 
Italy — -p — 
United  Kingdom 40 45 60 
— in containers holding 
more than two litres : 
Benelux — — — 
Denmark — — — 
Germany — — — 
Greece — — — 
France — — — 
Ireland — — — 
Italy — — — • 
United  Kingdom — — — 

--TV- ANNEX  C 
Whereas,  in view  of these  factors  and the  estimates 
submitted  by  certain Member States,  initial  quota 
shares  may be  fixed  approximately  at the  following 
percentages  : 
Member  States Setubal  muscatel  wines in 
containers  holding  : 
Member  States 
two litres 
or less more  than 
two litres 
Benelux 33 20 
Denmark 7 5 
Germany 4 20 
Greece 1 1 
France 5 20 
Ireland 1 5 
Italy 1 9 
United Kingdom 48 20 
Whereas,  in order  to take into account import trends 
for the  products concerned  in the  various Member 
States, each  of the  quota volumes should  be divided 
into two  instalments,  the  first being shared among  the 
Member  States  and the  second constituting  a reserve  to 
cover  at a  later  date  requirements  of Member  States 
which  have  ujjd  up their  initial  quota  shares  ; whereas, 
in order  to give importers  in each Member State  a 
certain  degree  of security,  the  first instalment  of the 
Community  quota should, under  the  present  circum­
stances,  be  fixed  at 50 % of  each  of the  quota 
volumes  ; 
Whereas  the  Member States'  initial  shares  may  be used 
up at different times  ; whereas,  in order  to take this 
fact into account  and  avoid  any  break  in continuity, 
any Member State  which  has  almost used  up its  initial 
quota  shares  should draw  an additional  share  from  the 
corresponding  reserve  ; whereas this must  be done  by 
each Member State  as and  when each  of its  additional 
shares  is almost used  up, and  repeated  as many times 
as the  reserve allows  ; whereas  the  initial  and  addi­
tional  shares  must  be valid  until  the end of the  quota 
period;  whereas this method  of  administration 
requires close cooperation bcrv; .-on Member  States  and 
the Commission,  and the  latter must  be in a  position 
to monitor  the  extent  to which  the  quota volumes 
have been used  up and to  inform  the  Member  States 
thereof; 
Whereas  if, at a  given  date  in the  quota period,  a 
substantial quantity  of an  initial  share  remains unused 
in any  Member State  it is  essential  that that  Member 
State should return  a signific'  n proportion  to the 
reserve  to prevent  a part  of any  Community quota from  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,  any  operation relat­
ing to the  administration  of the  quota  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 July  1983  to 30  June 19^, Community 
tariff  quotas  shall  be opened  in the  Community  for 
products originating  in Portugal  and  within  the  limits 
set out  below  : 
(hectolitres) 
CCT 
heading  No Description Quota 
amount 
ex 22.05  C III a)  1 
ex 22.05 C  IV a) 1 
ex 22.05  C III b)  1 
ex 22.05 C  IV b) 1 Setùbal  muscatel 
wines 
Setubal  muscatel 
wines j 2 000 
j 1 000 
2. The  Common Customs  Tariff  duties  on  wines 
imported  within  these  tariff  quotas  shall  be suspended 
at the  rates  set out  below  : 
(ECU/hl) 
CCT 
heading  No Rate of duty 
ex 22.05 C  III a)  1 6-5 
ex 22.05 C  IV a)  1 7-0 
ex 22.05  C III b)  1 6-6 
ex 22.05  CIV  b)l 7-2 
Within  these  tariff  quotas, Greece  shall  apply customs 
duties calculated  in  accordance  with  the  relevant 
provisions  of the 1979  Act  of Accession  and of  Regu­
lation  (EEC)  No  2370/81. 
3. The  wines  shall  benefit  from  these  tariff  quotas 
only if Article  18 (3) and (4) of  Regulation (EEC)  No 
337/79  is respected. 
Article  2 
1. The  tariff  quotas referred  to in  Article  1 shall  be 
divided  into  two  instalments. 

1JT- ANNEX  C 
2. A  first  instalment  of each quota  shall  be allocated 
among  the  Member  States;  the  respective shares, 
which  subject  to Article  5 shall  be valid  until  30 June 
1984,shall  be as  follows  : 
(hectolitres) 
Member  States Setubal  muscatel  wines  under 
subheadings  : 
Member  States 
ex 22.05  C III a) l 
and 
ex 22.05 C  IV a) l ex 22.05  C III b)  I 
and 
ex 22.05 C  IV b) l 
Benelux 330 100 
Denmark 70 25 
Germany 40 100 
Greece 10 5 
France 50 100 
Ireland 10 25 
Italy 10 45 
United Kingdom 470 100 
Total 990 ; 500 
3. The  second instalment  of each quota,  l 010 and 
500 hectolitres respectively,  shall  constitute  the 
reserve. 
Article  3 
1. If 90 % or  more  of the  Member  State's  initial 
share  as specified  in  Article  2 (2), or of  that  share 
minus  the  portion returned  to the  reserve where 
Article  5 is  applied,  has  been used  up,  then,  to the 
extent permitted  by the  amount  of the  reserve,  that 
Member  State  shall  forthwith,  by  notifying  the 
Commission,  draw  a second share equal  to 10 % of its 
initial  share, rounded  up where necessary  to the  next 
unit. 
2. If,  after  one of its  initial  shares  has  been used  up, 
90 % or  more  of the  second share drawn  by a  Member 
State  has  been used  up,  then,  to the  extent permitted 
by the  amount  of the  reserve,  that  Member  State  shall, 
in accordance  with  the  conditions  laid  down  in para­
graph  l, draw  a third  share equal  to 5 % of its  initial 
share, rounded  up where necessary  to the  next unit. 
3. If,  after  one 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  the  conditions  laid  down  in 
paragraph l, draw  a fourth share equal  to the  third. 
This  process  shall  continue  until  the  reserve  is used 
up. 4. By way  of derogation  from  paragraphs  1, 2 and 3, 
a Member  State  may  draw shares smaller than those 
fixed  in those paragraphs  if there  is reason  to believe 
that these  might  not be  used  up. It  shall  inform  the 
Commission  of its  reasons  for  applying  this paragraph. 
Article  4 
Additional  shares drawn pursuant  to Article  3 shall  be 
valid  until  30  June  1984. 
Article  5 
The Member  States  shall  return  to the  reserve,  not  later 
than l April  1984, such unused portion  of their  initial 
share  as, on 15  March  19 84  ,is  m excess  of 20 % of 
the initial  volume.  They may return  a larger quantity if 
there  are  grounds  for  believing  that  it may  not be  used. 
The Member  States  shall,  not  later than  1 April  1984, 
notify  the  Commission  of the  total quantities  of the 
products  in question imported  up to 15  March  1984 
and charged against  the  Community  quotas  and of any 
quantities  of the  initial  shares returned  to each reserve. 
Article  6 
The Commission  shall  keep  an account  of the  shares 
opened  by the  Member  States pursuant  to Articles  2 
and 3 and  shall,  as soon  as it is  notified,  inform  each 
Member  State  of the  extent  to which  the  reserve  has 
been used  up. 
It shall  inform  the  Member  States,  not  later than  5 
April  1984 of the  amount  of each reserve after quanti­
ties have been returned pursuant  to Article  5. 
The Commission  shall  ensure  that  any  drawing  which 
uses up the  reserve  is limited  to the  balance available 
and to this  end  shall  indicate  the  amount thereof  to 
the Member  State  which  makes such last  drawing. 
Article  7 
1. The  Member  States  shall  take all measures neces­
sary 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 accumu­
lated  shares  of the  Community  quotas. 
2. The  Member  States  shall  ensure  that  importers of 
the products  in question 
have free access  to the  shares allocated  to them. 
3. The  extent  to which  a Member  State  has  used  up 
its shares  shall  be determined  on the  basis  of imports 
of the  products  in question  originating  in Portugal  and 
entered  with  the  customs authorities  for  free  circula­
tion. 

ANNEX  C 
Article 8 
At the request  of the Commission the Member  States 
shall  inform it of imports of the  products  concerned 
actually  charged  against  their  shares. 
Article  9 
The Member  States  and the Commission shall 
cooperate  closely in  order  to ensure  that  this  Regula­
tion is complied with. Article  10 
This  Regulation shall  enter  into force on  1 July  1983 . 
This  Regulation shall be binding in its  entirety  and directly applicable in all Member 
States. 
Done  at Brussels, 
For the Council 
The President