Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of Community tariff quotas for certain quality wines and sparking wines, originating in Austria
Date: 1992-04-09
Institutions: European Commission
Subjects: sparkling wine, tariff quota, wine of superior quality

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COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(92) 135 final 

Brussels, 9 Apr!I  1992 

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 

/ 92 

of 

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, 
in  particular  Article  113 
"d 
thereof. 

Having  regard  to  the  proposal  from  the  Commission, 

full 

the  Community 

is  committed 
the  customs  duties  applicable 

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 
to 
quality  wines, 
suspending 
to 
in 
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 
respectively; 
quotas  of  S5 000  and  2 000  hectolitres 
the  quota 
whereas 
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; 

this  Agreement  also  provides  that 

it 

is 

in  particular  necessary 

Whereas 
to  allow  all 
Community  importers  equal  and  uninterrupted  access  to 
the 
the  uninterrupted 
application  of  the  rates  laid  down  for  the  quotas  to  all 

said  quotas  and 

to  ensure 

to  take 

the  necessary  measures 

imports  of  the  products  concerned  into  all  Member  States 
it 
until 
is 
the  quotas  have  been  used  u p;  whereas 
appropriate 
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 
this  method  of 
sponding 
administration 
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  ; 

requires  close  cooperation  between 

imports;  whereas 

to  actual 

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, 
in 
particular,  the  administration  of  quota  shares  allocated  to 
that  economic  union  may  be  carried  out  by  any  of  its 
members, 

transactions 

concerning, 

all 

HAS  ADOPTED  THIS  REGULATION 

Article  1 

From  1  July  1992  to  30  June  1993  the  customs 
1. 
duties  applicable  on 
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: 

importation  of 

the 

Order 
No 

t:N  code 
(') 

09.080? 

ex  2204  21  25 
ex  2204  21  29 
ex  2204  21  35 
ex  2204  21  39 
ex  2204  21  49 

Description 

Quality  wines  presented  in  containers  of  a capacity  not  exceeding 
two  litres 

Volume 
of  quota 
(I.I) 

85  000 

09.080 S 

ex  2204  10 19 
ex  2204  10 90 

Sparkling  quality  wines, and  presented  in  container*  of  a  capacity 
not  exceeding  two  litres 

2  000 

(')  See  'laric  codes  in  the  Annex. 

(1)  J.O.  No L  . ..  of  . . ..  1992,  p. 

t.hiol.i 

Inly 

("/„) 

0 

0 

- 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. 

the  tariff  quotas  referred 

}.  Admission  under 
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 
following  endorsements,  certified  by 
Austrian  organization  : 

include  in  Box  I 5  one  of  the 
the  competent 

This  is  to  certify  that  the  wines  referred  to  in  this 
document  are  quality  wines/quality  sparkling  wines (*) 
originating 
the 
1985  Wine  Law  of  the  Republic  of  Austria. 

in  conformity  with 

in  Austria  and 

(')  Delete  whichever  entry  is  not  applicable.' 

Furthermore,  the  wines  in  question  shall  remain  subject 
to  observance  of  the  free-at-frontier  reference  price.  In 
the  tariff  quotas, 
order  that  these  wines  benefit  from 
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 
take  all  appropriate 
by  the  Commission,  which  may 
to  ensure  effective 
in  order 
administrative  measures 
administration  thereof. 

Article  3 

If  an  importer  presents,  in  a  Member  State,  a  declaration 
into  free  circulation,  including  a  request  for 
of  entry 
this 
preferential  benefit 

for  a  product  covered  by 

if  this  declaration 

is  accepted  by  the 
Regulation  and 
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 
the  date  of 
acceptance  of  the  said  declaration,  must  be  communicated 
to  the  Commission  without  delay. 

indication  of 

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 
the  Member  States  of  the  drawings  made. 
shall  inform 

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. 

<0 

-3-

A A/A//. A' 

Taric  codes 

Order  no 

CN  Code 

Taric  code 

09.0803 

09.0805 

ex 
ex 

2204 21  25 

2204 21  29 

ex 

2204 21  35 

ex 

2204 21  39 

ex 

2204 21  49 

ex 

2204  10  19 

ex 

2204  10 90 

•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  10 19 

ex  2204 21 39 

ex  2204  10 90 

ex  2204 21 49 

Volume of  the quota: 85 000 hi 

Duty  to be applied:  0 % 

2 000 hi 

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 

2 000 x 40 ecus 

1 334 500 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 

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