PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING AND PROVIDING FOR THE ADMINISTRATION OF COMMUNITY TARIFF QUOTAS FOR QUALITY WINES, ORIGINATING IN AUSTRIA
Date: 1989-04-20
Institutions: European Commission
Subjects: sparkling wine, tariff quota, wine of superior quality

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM  (89) 170  final 

Brussels, 20  April 1989 

Proposal for a 

COUNCIL REGULATION (EEC) 

opening and providing for  tm  administration of 
Carmunity tariff quotas for quality wines, 
originating in Austria 

(presented by the Commission) 

BCHJ^SATORY MEMORANDUM 

êyv^1<frf 

1.  Under an agreement concluded with Austria, approved by decision of 

the  Council  of 12 December 1968 (1),  the 

Community  has  to  open 

annually  tariff  quotas  for  the  importation  of  the  fol Lowing 

products of Austrian origin : 

ON Goae 

Description 

Volurae 

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 
ax 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 

Tne 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. 

2.  The attached proposal purpose is to provide for the opening of tariff 
quotas for the period 1 July 1989 to 30 June 1990 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. 

(1) 0J No L 348 of 17.12.1988, p. 56. 

L 

Rropcsal  for  a 

COUNCIL  REGULATION  (EEC) 

•oînini'j  and  providing  for  the  a d m i n i s t r a t i on  of  Ccmnunity  t a r i ff  q u o t as 
for  c e r t a in  q u a l i ty  wines  and  s p a r k l i ng  wines,  o r i g i n a t i ng 

in  A u s t r ia 

THE  OXHCIL  a?  THE  EUROPE»  OCIMUNITIES 

Havinv?  regard  to  the  T r e a ty  e s t a b l i s h i ng  the  European  Economic  Community,  and 
p a r t i c u l ar  A r t i c le  113  t h e r e o f, 

in 

Having 

regard 

to  the  p r o p o s al  to  the  Commission, 

in  accordance  with 

tne  Agreement  w i th  A u s t r ia 

t a r i ff  quotas  for  c e r t a in  q u a l i ty  wines, 

Whereas 
c r e a t i on  of 
to  f u l ly  suspended  the  customs  d u t i es  a p p l i c a b le 
wines,  o r i g i n a t i ng 
in  A u s t r i a,  which  conform  to  the  wine  and  v i t i c u l t u re 
1985  of  the  Republic  of  A u s t r i a,  p r e s e n t ed  in  c o n t a i n e rs  n ot  exceeding  2 
w i t h in 
tiv»  Limits  of  annual 
whereas  t h is  Agreement  a l so  p r o v i d es 
each  year  to  30  June  of 

r e c i p r o c al 
the  Community  is  committed 
to  q u a l i ty  wines  and  s p a r k l i ng 
law  of 
l i t r e s, 
r e s p e c t i v e l y; 

t a r i ff  q u o t as  of  85  000  and  2  000  hi 

r e g a r d i ng 

t h at 

Portugal  being  equal 
Community  as  composed  at  31-  Dacember  1985;  whereas  it 
open  for 
question  at  the  amounts  provided  for 

the  p e r i od  1 July  1989  to 

30  June  1990 

in  t he  Agreement; 

to 

t he  next  year, 
those  a p p l i ed  by 

t he  quota  p e r i od 
t he  d u t i es  a p p l i c a b le 
tenter  S t a t es  w i th 

is  from  1  July  of 
in  Spain  and 
the 
to 
in 

r e s p e ct 

to 

is  n e c e s s a ry  t h e r e f o re 
the  Community  t a r i ff  quotas 

to 

the 

and 

a c c e ss 

s a id  quotas 

l a id  down  f or  the  q u o t as  to  a ll 

i n to  a ll  Member  S t a t es  u n t il  the  q u o t as  have  been  used  up;  whereas 

is  in  p a r t i c u l ar  n e c e s s a ry  to  a l l ow  a ll  Community  i m p o r t e rs  e q u al  and 
u n i n t e r r u p t ed 
imports  of  the  p r o d u c ts 
it 

iJnereas  it 
u n i n t e r r u p t ed 
a p p l i c a t i on  of  the  r a t es 
concerned 
is  a p p r o p r i a te 
a d m i n i s t r a t i on 
o p p o r t u n i ty  to  draw  from  t he  quota  volumes  t he  n e c e s s a ry  q u a n t i t i es  corresponding 
to  a c t u al 
cooperation  between  the  Member  S t a t es  and  the  Cbnmission  and  t he 
p a r t i c u l a r,  œ  a b le 
and  inf«.:_:r:n  me  Member  S t a t es  a c c o r d i n g l y; 

i m p o r t s;  — - ^^  whereas  t h is  method  of  a d m i n i s t r a t i on  r e q u i r es  c l o se 
in 
the  r a te  at  which  the  q u o t as  a re  being  used  up 

to  t a ke  t he  n e c e s s a ry  measures  to  ensure  e f f i c i e nt  Community 
t he 

t h e se  t a r i ff  quotas  while  o f f e r i ng 

the  Member  S t a t es 

l a t t er  must, 

to  monitor 

to  ensure 

the 

of 

-  2  -

t te  Motherlands  and  L-iXfeui\x>rq  are  u n i t ed  w i t n i n,  and 
Whereas  sir-ua  a e l g i u m, 
j o i n t ly  r e p r e s e n t ed  by,  the  ctenelux 
ficonaouc  Union,  a ll  t r a n s a c t i o ns  c o n c e r n i ng 
the  ddrr.inistration  of  s h a r es  a l l o c a t ed  to  t h at  economic  union  may be  c a r r i ed  o ut 
by  any  of  i ts  n e u t e r; 

HAS  ADOPTED  THIS  RaSJLATICN  : 

Article  I 

l.From  1  July  1969  to 30 June  1990 the  custom  duties 
applicable  on  importation  of  the  following  products 
originating in Austria shall, without prejudice to Article 3, be 
suspended at levels and within the limits of tariff quotas as 
indicated with  respect to each product: 

Order 
No 

CNCode 

DetcrifNMMi 

09.0804 

ex  2204  21  25 

ex  2204  21  29 

ex  2204  21  35 

ex  2204  21  39 

ex 2204  21  49 

Quality  wines  presented  in  containers  of  a  capacity  n et 
exceeding  t wo litres 

Volume 
of  quota 
(SI) 

85 000 

09.0806 

ex  2204  10  19 
ex  2204  10  90 

Sparkling  quality  wines,  and  presented  m  containers  of  a 
capacity  not exceeding  t wo litres 

2000 

Quota 
duty 
(XI 

0 

0 

2.  Within  the limits of die  tariff  quotas  referred  to  in 
paragraph  1  the Kingdom  of  Spain  and the Portuguese 
Republic shall apply the same duties as those they apply to 
similar  products  of  the Community  as composed  at 31 
December 1985. 

document VI 1 or an extract VI 2, completed in accordance 
with the provisions of Regulation (EEC) No 3590/85 ('). 

Document VI1 must include in Box 15 one of the following 
endorsements,  certified  by  the  competent  Austrian 
organization: 

3.  Admission  under  die  tariff  quotas  referred  to in 
paragraph  1 shall be reserved to wines accompanied by a 

(>) OJ No L 345, 20. 12. 19*5, p. 20. 

H 

-3 

-

'This  is  to  certify  that  the  wines  referred  to  in  this 

documentary  quality  wines  (1)/quality  sparkling  wines  (1) 
originating  Austria and in conformity with the 1985 Wine Law of the 

10.-—JRcpublic of  Austria. 

( ' )  Delete  whichever  entry  is  not  applicable.' 

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.  Member  States  shall  be 
informed  by  the  Commission  in  accordance  with  the  same 
procedures. 

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  (>),  as  last  amended  by 
Regulation  (EEC)  No  2964/88  (2),  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 drculation, 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 customs  authorities  of  the Member  State 
concerned  to  the  extent  that  the  available  balance  so 
permits. 

Article  4 

1.  Member  States  shall  take  all  appropriate  measures  to 
ensure  that  their  drawings  pursuant  to  Artide  3  enable 
imports  to  be  charged  without  interruption  against  their 
accumulated  shares  of  the  Community  quotas. 

2. 
Each Member  State shall  ensure  that  importers of  the 
products  concerned  have  free  access  to  the  quota  for  such 
time  as  the  residual  balance  of  the  quota  volume  so 
permits. 

3.  Member  States  shall  charge  imports  of  the  products 
concerned  against their drawings as and when  the goods are 
entered  with  the customs  authorities  for  free  circulation. 

4. 
The extent to which the quotas have been used up shall 
be  determined  on  the  basis  of  the  imports  charged  in 
accordance  with  paragraph  3. 

Article  S 

At  the  request  of  the  Commission,  Member  States  shall 
inform  it of  imports  actually  charged  against  the  quotas. 

Article  6 

Member States and  the Commission  shall  cooperate  closely 
in order  to  ensure  that  this  Regulation  is complied  wi.h. 

If a Member State does not use the quantities drawn, it shall 
return  them  as soon  as possible  to  the  tariff  quota. 

This  Regulation  shall  enter  into  force  on  1 July 

'• 989. 

Article  7 

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 84, 27. 3.  1987, p. 1. 
(2)  OJ No L 269, 29. 9.  1988, p. 5. 

r-'lCHE  FINANClEKli: 

Ligne  b u d g é t a i re  concernée 

:  Chap.  12  a r t. 120 

Base  j u r i d i q ue 

:  a r t.  113  du  t r a i té 

I n t i t u lé  de 

la  mesure 

t a r i f a i re 

:  P r o p o s i t i on  de 

règlement  du 

C o n s e il 

p o r t a nt 

o u v e r t u re 

et  mode  de  g e s t i on 

de 

c o n t i n g e n ts 

t a r i f a i r es 

conmunautaires 

pour 

c e r t a i n s, 

v i ns 

de 

q u a l i t é, 

o r i g i n a i r es  d ' A u t r i c he 

O b j e c t if 

:  I n s p e c t er  l es  engagements  c o n t r a c t és  p ar  la  Corrrnunauté 

Mode  de  c a l c ul 

: 

Codes Nf.C. 

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 des contingents 

85  000  ni 

Droits à appliquer 

0 

2  000  ni 

0 

Droits du T.D.C 

14,5  et  16,9  é c u s / hl 

40  écus/hl 

( d r o it  moyen  :  15,7  é c u s / h l) 

Ferte de reoattes 

ferte 

85000  x  15,7  écus  = 

2000  x  40  écus 

1  334  500  écus 

30  000  écus 

1  414  500  écus 

Far  rapport  à  la  période  contingentaire  précédente 

(1.1  au  30  j u in 

1989)  augmentation  des  p e r t es  de 

1  414  500  écus  -  707  250  écus  =  707  250  é c u s. 

il-;  iJ'Lrtmer  SUR  LA ooMHcrri'iVLTK  LT  LVEMFLOI 

Cette  proposition  e st  formulée  en  conformité  avec  un  engagement  contractuel 
la  Communauté.  L'impact  découlant  de  cette  concession  a  é té  p r is  en 
de 
oxisidération  Lors  de 
la  prise  de  décision  d'adoption  de  ce  contingent  et 
il  n'aura  pas  un  caractère  sérieux  sur  la  compétitivité  et  l'emploi  dans  la 
Communauté. 

•~ 

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. 1 .— 

- u- 

. . . . _—  — c 

1  ~- 

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- L :. 

f 

Commission of the  European Communities 

COM(89)  170  final 

Proposal for  a 

COUNCIL  REGULATION (EEC) 

opening and providing for the administration of  Community tariff  quotas 
for  quality wines, originating in Austria 

(submitted to the Council by the  Commission) 

20.4.1989 

Office for  Official  Publications of the  European Communities 
L - 2985  Luxembourg 

Series:  DOCUMENTS 

1 9 8 9 -7  pp.-Format:  21.Ox  29.7cm 

EN 

ISSN  0254-1475 

ISBN  92-77-48514-0 

Catalogue number:  CB-CO-89-152-EN-C 

I 

Sj 

1» 
v 
| 
"i 
| 

£ 

COM(89)  170  final 

ISSN 0254-1475 

DOCUMENTS 

Proposal for  a 

COUNCIL  REGULATION  (EEC) 

opening  and  providing for  the  administration  of 
Community tariff  quotas for  quality  wines, 
originating  in Austria 

(submitted to the  Council  by the  Commission) 

11 

02 

Catalogue number:  CB-CO-89-152-EN-C 

ISBN  92-77-48514-0 

€ 

COMMISSION OF THE EUROPEAN COMMUNITIES 

20.4.1989