PROPOSAL FOR A COUNCIL REGULATION (EEC) OPENING AND PROVIDING FOR THE ADMINISTRATION OF COMMUNITY TARIFF QUOTAS FOR QUALITY WINES PRODUCED IN THE SPECIFIED REGIONS OF JEREZ, MALAGA, JUMILLA, PRIORATO, RIOJA AND VALDEPENAS ( 1991/92 )
Date: 1991-02-26
Institutions: European Commission
Subjects: Spain, tariff quota, wine of superior quality

COMMISSION  OF  THE  EUROPEAN  CCMVIUNITIES 

C0M(91) 62 final 

Brussels, 26 February  1991 

Proposal  for a 

rriiiMriL RFffll' ftT|nN fEEC) 

openly and providtog for the administration of Con^unity tariff quotas 

for quality wtoes produced to the specified regions of Jerez, 

Malaga, . i w m»  Priorato, Kioja and Valdepefias (1991/92) 

presented  by  the Commission) 

BfflANATOig MEMQBANTOM 

1. According to articles 30 and 75 of the Act of Accession the duties 

applicable to imports into tfte Ocmnunlty as constituted on 31 December 

1985 of agricultural products originating in Spain shall be 

progressively abolished. Consequently these provisions are applicable to 

duties to be levied in the framework of the following Community Customs 

quotas: 

358 120 hi sherry in containers holding two liters or less falling 

within CN codes ex2204 21 41 and ex2204 21 51, 

435 000 hi sherry in containers holding more than two liters 

falling within CN codes ex2204 29 41 and ex2204 29 51, 

22 008 hi wines from Jumilla, Priorato, RLoja and Valdepefias in 

containers holding two liters or less falling within CN codes 
ex2204 21 21, ex2204 21 23, ex2204 21 31, ex2204 21 33 and ex2204 
21 49 and 
15 000 hi Malaga wines in containers holding two liters or less, 
falling within CN codes ex2204 21 49 and ex2204 21 59. 

The duties applicable to the wines in question shall be reduced to 25% 
of the basic duties on 1 January 1991 and to 12,5% of the basic duties 
on 1 January 1992. By deviation from Article 30 of the aboveinentioned 
act Regulation (EEC) No. 4161/87 lays down consequent on the entry into 
force of the ocmbined nomenclature, the basic duties to be adopted 
within the Community as constituted on 31 December 1985 for the purpose 
of oaljoulatlng the successive reductions provided for in the Act of 
Accession of Spain and Portugal. 

These tariff measures are not applicable in Portugal because Regulation 
(KBC) 3792/85 laying down the arrangements applying to trade in 
agricultural products between Spain and Portugal provides for particular 
provisions on the subject. 

Pursuant to Commission Regulation (EBC) No 2573/90 of 5 September 1990 
totally suspending certain customs duties applicable by the Community of 
Ten to Imports from Spain and Portugal, the said duties are, as concerns 
the produots referred to in Annex II to the Treaty, totally suspended 
once they reach a level of 2% or less. It is necessary therefore to 
apply a duty equal to zero in the case where the value of the specified 
customs duties do not exceed 2% ad valorem. 

Therefore, for the period 1 July 1991 to 30 June 1992, the 

abovementioned tariff quotas should be opened in the Oammunity as 

constituted on 31 December 1985 at duties calculated according to the 

provisions provided for on the subject. 

That is the purpose of the annexed proposal for Regulation. 

2. In t Ms case it is proposed that the whole of the quota volumes be held 
as Community reserves to which all Member States will have access in 
accordance with the procedure provided for in Article 1(2) of the 
proposal for a Regulation. 

Annex: 1 proposal for Council Regulation 

Proposal  for a 

COUNCIL  REGULATION  (EEC) No 

/*l 

of  . 

opening  and  providing  for  the  administration  of  C o m m u n i ty  tariff  quotas  for 
regions  of  Jerez,  Malaga,  Jumilla, 
quality  wines  produced  in  the  specified 

Priorato,  Rioja  and  Valdepenas  (1991/93 

THE  COUNCIL  OF THE EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Act  of  Accession  of  Spain  and 
Portugal,  and  in  particular  Articles  30  and  75  thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas,  pursuant  to  Articles  30  and  75  of  the  Act of 
Accession,  the  duties  applicable  on  the  import  into  the 
Community,  as constituted  on 31  December  1985, of the 
following  quality  wines  from  Spain  shall  be  progressively 
abolished within  the limits of Community  tariff  quotas : 

—  358 120  hectolitres  quality  wines  produced  in  the 
specified  region  of  Jerez  in  containers  holding  two 
litres  or  less,  falling  within  CN  codes  ex  2204 21 41 
and  ex  2204 21  51, 

—  435 000  hectolitres  quality  wines  produced  in  the 
specified  region  of  Jerez  in  containers  holding  more 
than  two litres  falling  within  CN codes  ex 2204 29 41 
and  ex  2204 29 51, 

—  15 000  hectolitres  quality  wines  produced 

in  the 
specified  region  of  Malaga  in  containers  holding  two 
litres  or  less,  falling  within  CN  codes  ex  2204 21 49 
and  ex  2204 21 59, and 

—  22 008  hectolitres  quality  wines  produced 

in  the 
specified 
regions  of  Jumilla,  Priorato,  Rioja  and 
Valdepeflas,  in  containers  holding  two  litres  or  less,{ 
falling  within  CN codes ex 2204 21  21, ex 2204 21 23, j 
\ 
ex  2204 21 31, ex  2204 21 33  and  ex  2204 21 49 ; 

Whereas,  however,  with  regard  to  the  quality  wines 
produced  in  the  specified  region  of  Jerez,  in  order  toi 
fulfil  better  the  requirements  of  the  common  market,  a 
single  overall  tariff  quota  of 793  120  hectolitres  should  be 
opened ; 

Whereas  these  duties  are  reduced  to 25  %  of  the  basic 
duties  on  1 January  1991 and 1012/51 of the basic  duties 
on  1 January  1992;  whereas,  by way of  derogation  from 
Article  30 of  the Act of  Accession,  Regulation  (EEC)  No 
4161/87 (')  lays  down  consequent  on  the  entry  into  force 
of  the  combined  nomenclature,  the  basic  duties  to  be 
adopted  within  the  Community  as  constituted  on  31 
December  1985  for  the  purpose  of  calculating  the 
successive  reductions  provided  for in the Act of  Accession 
of  Spain  and  Portugal ; 

(') OJ  No L 395,  31.  12.  1987, p. 1. 

imports  of  these  wines  Community 

Whereas,  therefore,  to  establish  the  duties  applicable  on 
tariff  quotas 
the 
should  be opened  for  the  period  from  I  July  1991  to 30 
June  1992  for  the  abovementioned  wines  at  duties  as 
shown  in  the  list  in  Article  1  ; 

Whereas  Council  Regulation  (EEC)  No  3792/85  of  20 
December  1985 laying  down  the  arrangements  applying 
to 
trade  in  agricultural  products  between  Spain  and 
Portugal (')  provides  for  particular  rules  for  the  import 
into  Portugal  of  the  products  in  question  coming  from 
tariff 
Spain  ;  whereas,  consequently, 
quotas  are  only  applicable 
the  Community  as 
constituted  on  31  December  1985; 

the  Community 

in 

Whereas,  pursuant 
to  Commission  Regulation  (EEC) 
No  2573/90 of 5 September  1990 totally suspending certain 
customs  duties  applicable  by  the  Community  of  Ten  to 
imports  from  Spain  and Portugal  (J), the said  duties  are,  as 
concerns the products  referred  to in Annex  II to the Treaty, 
totally  suspended  once  they  reach  a  level  of  2%  or  less; 
that  it  is  necessary  therefore  to  apply  a  duty 
equal  to  zero  in  the  case  where  the  value  of  the 
specified  customs  duties  do not  exceed  2%  ad 
valorem. 

Whereas  equal  and  continuous  access  to  the  quotas 
should  be  ensured  for  all  Community  importers  and the 
rates  laid  down  for  the  quotas  should  be  applied  consis 
tently  to  all  imports  of  the  products  in  question  into  all 
Member  States  until  the  quotas  are  exhausted ;  whereas 
they  should  not  be  allocated  among  the  Member  States, 
without  prejudice 
the  quota 
volumes  of  such  quantities  as  they  may  need,  under 
conditions  and  according  to  a  procedure  laid  down  in 
Article  3 ; whereas  this  method  of  administration  requires 
close  cooperation  between  the  Member  States  and  the 
Commission  ; 

to  the  drawing  against 

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  concerning  the  adminis 
tration  of  the  contingents  m:iy  h<  (  :imi <l out  by  any one 
of  its  members, 

HAS  ADOPTED  THIS  REGULATION 

Article  ! 

From  1 July  1991 to  30  June  1^92  the  customs  duties 
applicable  on  the  following  qualitv  wmrs  produced  in the 
specified  regions  shall,  in  the  Community  as  constituted 
on  31  December  1985, be partially  suspended  at the levels 
and  within  the  limits  of  the  Community  tariff  quotas 
indicated  for  each  of  them : 

O  OJ  No  L 367, 31.  12.  IVK5. p. 

(»)  OJNoL243,  6. 9. 1990, p.  19. 

- 2-

Description 

Sherry 

Otder 
No 

CN  codes 
(') 

09.0317 

ex 2204 21 41 
ex 2204 21 51 
ex 2204 29 41 
ex 2204 29 51 

094)310 

ex 2204 21 49 
ex 2204 21 59 

Wine  from Malaga 

09.0312 

ex  2204 21 21 
ex  2204 21  23 
ex  2204 21 31 
ex  2204 21  33 
ex  2204 21 49 

Wine  from  Jumilla,  Priorato,  Rioja, 
Valdepeflas 

} 

R»te  (ECU/hl) 

from 

I  July 

to 31  December  19*/ 
Q) 

I 

from 
to  30  June 

lanuary 
I "«2 

1,6 

1,6 
L8 

2,5 
2,8 

2'5 
2,9 
3,6 

0,8 
0,8 

1,2 
1,4 

1  « 

1,4 
1,3 

Quota 
volume 
(hectolitres) 

793 120 

15  000 

> 

22  008 

(')  See  Taric  codes  in  Annex. 
C2)Ttese Specific  OBlUiK  duties  mv  unly  colUcled  wtmi  Llwir  vdlue  is  yœater  tharr 

Article  2 

tariff  quotas  referred 

in  Article  1  shall  be 
The 
administered  by  the  Commission,  which  may  take  all 
appropriate  administrative  measures  in  order  to  ensure 
effective  administration  thereof. 

to 

the  Member  States  concerned 
available  balance  so  permits. 

to 

the  extent 

that 

the 

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

Article 

3 

into 

free  circulation, 

including  a  request 
for  a  product  covered  by 

If  an  importer  presents  in  a Member  State  a  declaration  of 
for 
entry 
preferential  benefit 
this 
Regulation  and 
is  accepted  by  the 
customs  authorities,  the  Member  States  concerned  shall 
inform  the  Commission  and  draw  an  amount  corres 
ponding 
the  corresponding 
amount. 

if  this  declaration 

its  requirements 

from 

to 

If  the  quantities  requested  are  greater  than  the  available 
balance  of  the  quota  amount,  allocation  shall  be  made  on 
a  pro  rata  basis  with  respect  to  the  requests.  Member 
States  shall  be 
the 
drawings  made. 

the  Commission  of 

informed  by 

Article 

4 

Each  Member  State  shall  ensure 
importers  of  the 
products  in  question  have  equal  and  continuous  access  to 
the  quotas  for  as  long  as  the  balance  of  the  relevant  quota 
volumes  so  permits. 

that 

indication  of  the  date  of 
The  drawing  requests,  with 
acceptance  of  the  said  declarations,  must  be  transmitted 
to  the  Commission  without  delay. 

The  Member  States  and  the  Commission  shall  cooperate 
closely  to  ensure  that  this  Regulation  is  complied  with. 

Article  5 

The  drawings  are  granted  by 
the  Commission  by 
reference  to  the  date  of  acceptance  of  the  declarations  of 
entry  into  free  circulation  by  the  customs  authorities  of 

Article 

f, 

This  Regulation  shall  enter 

into  force  on  1  July  1991. 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  all  Member 
States. 

Done  at  Brussels, 

For  the  Council 

Tie 

President 

-3-

ANNEX 

Taric  codes 

Order  No 

CN  code 

Taric  code 

09.0317 

09.0310 

09.0312 

ex  2204 2141 
ex  2204 21  51 
ex  2204 29 41 
ex  2204 29 51 

2204 2141*10 
2204 21 51*10 
2204 29 41M0 
2204 29 51 '10 

ex  2204 21 49 
ex  2204  21 59 

2204 2149*12 
2204 21  59" 12 

ex  220421  21 
ex  2204 21  23 
ex  2204 21 31 
ex  2204 21 33 
ex  2204 21 49 

22042121*10 
2204 21 2.VI0 
2204 21 31M0 
2204 21 33*10 
2204 21.49*21 

g*A/ 

? 

FICHE D'IMPACT  SUR  LA COMPETITIVITE  ET  L'EMPLO 

Cette  proposition  est  formulée  en  conformité  avec un  engagement 

contractuel  de  la Communauté.  L'Impact  découlant  de cette  concession a 

été pris en considération  lors de  la prise  de décision  d'adoption  de 

ces contingents  et  M  n'aura  pas un caractère sérieux  sur  la 

compétitivité  et  l'emploi  dans  la Communauté. 

! 

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i  >'r-. 
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• 
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•  .i  » 

i  t.. 

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