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Iff COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(92) 135 final 
Brussels, 9 Apr!I 1992 
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If Proposal for a 
COUNCIL REGULATION (EEC^ 
opening and providing for the administration of Community tariff quotas for 
certain quality wines and sparkling wines, originating in Austria 
M (presented by the Commission) 
1 
•J 
EXPLANATORY MEMORANDUM 
Under an agreement concluded with Austria, approved by decision of 
the Council of 12 December igss^1) and about to be prolonged for 
another quota-period of one year, the Community has to open annually 
tariff quotuj for the importation of the following products of 
Austr ian or igin : 
CN Code Description Volume Rate of 
of quota duty 
(in hi) (in %) 
ex 2204 21 25 Quality wines, conforming to 
ex 2204 21 29 wine and viticulture law of 
ex 2204 21 35 1985 of the Republic of Austria, 
ex 2204 21 39 originating in that country and 
ex 2204 21 49 in containers of a capacity not 
exceeding 2 litres 85 000 
ex 2204 10 19 Sparkling wines, conforming to 
ex 2204 10 90 wine and viticulture law of 
1985 of the Republic of Austria, 
originating in that country and 
in containers of a capacity not 
exceeding 2 litres 2 000 
The agreement also provides that these quotas should be opened for 
periods from 1 July of every year to 30 June of the next year, and 
the duties applicable in Spain and Portugal in the context of these 
tariff quotas must be the same as those applied respectively by these 
Member States towards the Community as composed at 31st December 
1985. 
(1) 0J No L 348, 17.12.1988, P. 56 
- 2 -
The attached proposal purpose is to provide for the opening of tariff 
quotas for the period 1 July 1992 to 30 June 1993 in order to respect 
the provisions of the Agreement. 
3. As in the past, the Commission proposes not to allocate the tariff 
quota volumes among the Member States but to allow the latter to draw 
against the said volumes quantities corresponding to actual 
importations made. In addition, this procedure is more in keeping 
with the Community nature of these tariff quotas. 
Proposal for a y 
COUNCIL REGULATION (EEC) No 
of /92 
opening and providing for the administration of Community tariff quotas for 
certain quality wines and sparkling wines, originating in Austria 
THE COUNCIL Or THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, "d in particular Article 113 
thereof. 
Having regard to the proposal from the Commission, 
Whereas, in accordance with the Agreement with Austria f 
prolonged, by the outcome of the exchange of 
letters (1), for the period from 1 July 1992 to 
30 June 1993. 
regarding reciprocal creation of tariff quotas for certain 
quality wines, the Community is committed to 
suspending in full the customs duties applicable to 
quality wines and sparkling wines, originating in Austria, 
which conform to the wine and viticulture law of 1985 of 
the Republic of Austria, presented in containers not 
exceeding two litres, within the limits of annual tariff 
quotas of S5 000 and 2 000 hectolitres respectively; 
whereas this Agreement also provides that the quota 
period is from 1 July of each year to 30 June of the next 
year and whereas the duties applicable in Spain and 
Portugal are equal to those applied by Member States with 
respect to the Community as constituted at 31 December 
IV8S; whereas it is necessary therefore to open for the 
period 1 July 1992 to 30 June 1993 the Community tariff 
quotas in question at the amounts provided for in the 
Agreement; 
Whereas it is in particular necessary to allow all 
Community importers equal and uninterrupted access to 
the said quotas and to ensure the uninterrupted 
application of the rates laid down for the quotas to all imports of the products concerned into all Member States 
until the quotas have been used up; whereas it is 
appropriate to take the necessary measures to ensure 
efficient Community administration of these tariff quotas 
while offering the Member States the opportunity to draw 
from the quota volumes the necessary quantities corre­
sponding to actual imports; whereas this method of 
administration requires close cooperation between the 
Member States and the Commission and the latter must, 
in particular, be able to monitor the rate at which the 
quotas are being used up and inform the Member States 
accordingly ; 
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, in 
particular, the administration of quota shares allocated to 
that economic union may be carried out by any of its 
members, 
HAS ADOPTED THIS REGULATION 
Article 1 
1. From 1 July 1992 to 30 June 1993 the customs 
duties applicable on importation of the following 
products originating in Austria shall, without prejudice to 
paragraph 3, be suspended at levels and within the limits 
of tariff quotas as indicated with respect to each product: 
Order 
No 
09.080? 
09.080 S t:N code 
(') 
ex 2204 21 25 
ex 2204 21 29 
ex 2204 21 35 
ex 2204 21 39 
ex 2204 21 49 
ex 2204 10 19 
ex 2204 10 90 Description 
Quality wines presented in containers of a capacity not exceeding 
two litres 
Sparkling quality wines, and presented in container* of a capacity 
not exceeding two litres Volume 
of quota 
(I.I) 
85 000 
2 000 t.hiol.i 
("/„) 
0 
0 Inly 
(') See 'laric codes in the Annex. 
(1) J.O. No L ... of .... 1992, p. 
-2-
2. Within the limits of the tariff quotas referred to in 
paragraph I, the Kingdom of Spain and the Portuguese 
Republic shall apply the same duties as those they apply 
to similar products of the Community as constituted at 31 
December 198 5. 
}. Admission under the tariff quotas referred to in 
paragraph 1 shall be reserved to wines accompanied by a 
document VI 1 or an extract VI 2, completed in 
accordance with the provisions of Regulation (EEC) No 
3590/85 ('). 
Document VI I must include in Box I 5 one of the 
following endorsements, certified by the competent 
Austrian organization : 
This is to certify that the wines referred to in this 
document are quality wines/quality sparkling wines (*) 
originating in Austria and in conformity with the 
1985 Wine Law of the Republic of Austria. 
(') Delete whichever entry is not applicable.' 
Furthermore, the wines in question shall remain subject 
to observance of the free-at-frontier reference price. In 
order that these wines benefit from the tariff quotas, 
Article 54 of Regulation (EEC) No 822/87 (2), as last 
amended by Regulation (EEC) No 3577/90 ('), must be 
complied with. 
Article 2 
The tariff quotas referred to in Article 1 shall be managed 
by the Commission, which may take all appropriate 
administrative measures in order to ensure effective 
administration thereof. 
Article 3 
If an importer presents, in a Member State, a declaration 
of entry into free circulation, including a request for 
preferential benefit for a product covered by this Regulation and if this declaration is accepted by the 
customs authorities, the Member State concerned shall 
draw from the tariff quota, by means of notification to the 
Commission, a quantity corresponding to these needs. 
The drawing requests, with indication of the date of 
acceptance of the said declaration, must be communicated 
to the Commission without delay. 
The drawings are granted by the Commission on the basis 
of the date of acceptance of the declaration of entry into 
free circulation by the uistoms authoiilies of (lie Menibet 
State concerned to the extent that the available balance so 
permits. 
If a Member State does not use the quantities drawn, it 
shall return them as soon as possible to the tariff quota. 
If the quantities requested are greater than the available 
balance of the quota, allocation shall be made on a pro 
rata basis with respect to the requests. The Commissin 
shall inform the Member States of the drawings made. 
Article 4 
Each Member State shall ensure that importers of the 
products in question have equal and continuous access to 
the quotas for as long as the balance of the relevant quota 
volume so permits. * 
Article 5 
The Member States and the Commission shall cooperate 
closely to ensure that this Regulation is complied with. 
Article 6 
This Regulation shall enter into force on 1 July I9l£. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels 
For the Council 
The President 
(') OJ No L 343, 20. 12. 198.5, p. 20. 
(') OJ No L 84, 27. 3. 1987, p. 1. 
(') ()| No L 353, 17. 12. 1990, p. 23. 
-3-
<0 
A A/A//. A' 
Taric codes 
Order no 
09.0803 
09.0805 CN Code 
ex 
ex 
ex 
ex 
ex 
ex 
ex 2204 21 25 
2204 21 29 
2204 21 35 
2204 21 39 
2204 21 49 
2204 10 19 
2204 10 90 Taric code 
•9.5 
'96 
•95 
'96 
•9.5 
'96 
'29 
•91 
"91 
? 
FINANCIAL RECORD 
Budget Iine concerned : Chap. 12 Art. 120 
Legal basis : Art. 113 of the Treaty 
Title of the tariff measure concerned : Proposal for a Council 
regulation (EEC) opening and providing for the administration of 
Community tariff quotas for quality wines, originating in Austria 
Object ive : Fulfilment of contractual obligations of the Community 
Method of calculation : 
CCT heading: ex 2204 21 25 
ex 2204 21 29 
ex 2204 21 35 
ex 2204 21 39 
ex 2204 21 49 ex 2204 10 19 
ex 2204 10 90 
Volume of the quota: 85 000 hi 2 000 hi 
Duty to be applied: 0 % 0 % 
Normal CCT duty: 14,5 and 16,9 ecus/hi 40 ecus/hi 
(average duty : 15,7 ecus/hi) 
Duty-Ioss : 
Loss 85 000 x 15,7 ecus 
1 334 500 ecus 2 000 x 40 ecus 
80 000 ecus 
1 414 500 ecus 
Compared with the preceding quota period .- no change 

ISSN 0254-1475 
COM (92) 135 final 
DOCUMENTS 
EN 03 02 
Catalogue number: CB-CO-92-153-EN-C 
ISBN 92-77-42885-6 
Office for Official Publications of the European Communities 
L-2985 Luxembourg