Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administation of Community tariff quotas for quality wines produced in the specified regions of Jerez, Malaga, Jumilla, Priorato, Rioja and Valdepeñas (2nd half of 1992)
Date: 1992-05-27
Institutions: European Commission
Subjects: Spain, tariff quota, wine of superior quality

COMMISSION OF THE EUROPEAN CQMMUNITIES 

C0M(92) 224 final 

Brussels, 27 May 1992 

Proposai  for a 

COUNCIL REGULATION (EEC) 

opening and providing for the administration of Cararounity tariff quotas 

for quality wines produced in the specified régions of Jerez, 

Malaga, Jumilla, Priorato, Rioja and Valdepefias 

(2nd half of 1992) 

(présentée! by the Commission) 

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EXPLANATORY MEMORANDUM 

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

applicable to imports into the Community, 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 litres or less, of CN-

codes ex2204 21 41 and ex2204 21 51, 

435 000 hi sherry, in containers holding more than two litres, of 

CN-oodes ex2204 29 41 and ex2204 29 51, 

22 008 hi wines from Jumilla, Priorato, Rioja and Valdepeftas, in 

containers holding two litres or less, of 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 litres or less, of 

CN-codes ex2204 21 49 and ex2204 21 59. 

These quotas shall be open until 30 June 1992. 

In compliance with Article 75 (1) of the Act of Accession, the duties 

applicable to the wines in question shall be reduced to 12,5% of the 

basic duties on 1 January 1992 and to 0% of the basic duties on 1 

January 1993. By derogation from Article 30 of the abovementioned act, 

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 Ctamraunity, 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. 

These tariff measures are not applicable in Portugal because Regulation 

(EEC) 3792/85, laying down the arrangements applying to trade in 

agricultural products between Spain and Portugal, provide for 

particular provisions on the subject. 

Pursuant to Commission Regulation (EEC) No 2573/90 of 5 September 1990, 

totally suspending certain customs duties applicable by the Coramunity of 

Ten to imports from Spain and Portugal, the said duties, as concerns the 

products referred to in Annex II to the Treaty, are totally suspended, 

once they reach a level of 2% or less. It is necessary, therefore, to 

apply a duty equal to zero when the value of the specified customs 

duties does not exceed 2% ad valorem. 

Given that, from 1 January 1993, the duties in question shall be 

abolished, the quota-period should be set at six months, from 1 July to 

31 December 1992, and the abovementioned tariff quotas should be opened 

pro rata temporis, in the Community as constituted on 31 December 1985, 

at duties calculated according to the provisions provided for on the 

subject. 

Such is the purpose of the annexed proposal for a Regulation. 

2. 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 3 of the proposal for a 

Regulation. 

Proposal  for  a 

COUNCIL  REGULATION  (EEC)  No 

/ 92 

of 

opening  and  providing  for  the  administration  of  Community  tariff  quotas  for 
in  the  specified  regions  of  Jerez,  Malaga,  Jumilla, 
quality  wines  produced 

Priorato,  Rioja  and  Valdepenas 

(2nd  h a lf  of  1 9 9 2) 

V 

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 : 

annual 

—  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 2141 
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 

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 

in 

—  22 008  hectolitres  quality  wines  produced 

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

in 

Whereas,  however,  with  regard 
to  the  quality  wines 
produced  in  the  specified  region  of  Jerez,  in  order  to 
fulfil  better  the  requirements  of  the  common  market,  a 
single  overall  tariff  quota 
should  be 
opened;  whereas  by  Regulation  (EEC)  n°  1516/91  (1) 

these  quotasshall  be  open .until  3UJune  1v92; 

,.  Wnereas  these  duties  are  reduced  to  -p  5%°'  t ne  Dasic 
yo  of  the  basic 

duties  on  1  January  199 2 and  to  0 
du'ies  on  1 January  1993; 

wheseaS,  in  consequence,  the  volume  of  the 
abovementioned  quotas  should  be  reduced,  pro  rata 
temporis  ,  to  cover  only  the  period  from  1  July 
to  31  December  1992; 

whereas,  by  way  of  derogation 
from  Article  30  of  the  Act  of  Accession,  Regulation  (EEC) 
No  4161/87(2  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 
successive  reductions  provided  for  in  the  Act  of  Accession 
of  Spain  and  Portugal  ; whereas,  therefore,  to  establish  the 
duties  applicable  on 
these  wines 
Community  tariff  quotas  should  be  opened  for  the  period 
from  1 July  1991  to  30  June  1992  for  the  abovemen-
tioned  wines at  duties  as shown  in  the  list  in  Article  1  ; 

the  purpose  of  calculating 

imports  of 

-he 

Whereas  Council  Regulation  (EEC)  No  3792/85  of  20 
December  1985  laying  down  the  arrangements  applying 

(1)  OJ  Nb  L  142,  6.6.1991,  p. 
QJ  0J  to  L395,  31.12.1987, 

4. 

1. 

to  trade 
in  agricultural  products  between  Spain  and 
Portugal 3)  provides  for  particular  rules  for  the  import 
into  Portugal  of  the  products  in  question  coming  from 
Spain;  whereas,  consequently, 
tariff 
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 (ft,  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;  whereas  it  is  therefore  necessary  to  apply  a  duty 
equal  to  zero  where  the  value  of  the  specific  customs 
duties  does  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  ; 

the  drawing  against 

to 

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  may  be  carried  out  by  any  one 
of  its  members. 

HAS  ADOPTED  THIS  REGULATION 

Article  1 

.  31  December  1992, 
to 

From  1 July 
the  customs  duties 
applicable  on  the  following  quality  wines  produced  in  the 
specified  regions  shall,  in  the  Community  as  constituted 
on  3!  December  1985, be  partially  suspended  at  the  levels 
and  within  the  limits  of  the  Community  tariff  quotas 
indicated  for  each  of  them  : 

r?\0}  No  L  367,  31.  12.  19S5.  p.  7. 
( / ) OJ  No  L  243,  6.  9.  1990,  p.  19. 

Order 
No 

CN  codes 

09.0317 

f  ex  2204  21 41 
I  ex  2204 21 51 
fex  2204 29 41 
[ ex  2204 29 51 

Description 

Sherry 

09.0310 

ex  2204 21 49 
ex  2204 21 59 

Wine  from  Malaga 

09.0312 

ex  2204 21 21  1 
ex  2204 21 23  J 
ex  2204 21 31 
ex  2204 21 33 
ex  2204 21 49 

Wine  from  Jumilla,  Priorato,  Rioja, 
Valdepenas 

} 

} 

Rate  (ECU/hl) 

from  1  July  to 
31  December  19$>(-) 

1 3,8 
3,8 
3,8 
0/9 

1/2 
1'4 

1,4 
1/8 

J" 

Quota 
volume 
(hectolitres) 

J 

396 560 

7  500 

11  004 

{ 

I 

J 

(')  See  Taric  codes  in  Annex. 
(2)  These  specific  customs  duties  are  collected  only  when  their  value  is  greater  than  2 %  ad  valorem. 

Article  2 

tariff  quotas  referred 

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

to 

Article  3 

free  circulation, 

including  a  request 
for  a  product  covered  by 

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

its  requirements  from 

to 

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

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 

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. 

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  informed  by  the  Commission  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 
volumes  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  1992 

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

Done  at  Brussels, 

For  the  Council 

The  President 

^jïwpvafc #•••- ~ "ï-"- -^p^Xi  p^c -*& 

"*"?**?  .*"..*  !' 

" 

'"5Ï] 

G 

ANNEX 

Tarie  codes 

Order No 

CN code 

Taric code 

09.0317 

ex 
ex 
ex 
ex 

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

2204 21 41*10 
2204 21 51*10 
2204 29 41*10 
2204 29 51*10 

09.0310 

ex 
ex 

2204 21 49 
2204 21 59 

2204 21 49*12 
2204 21 59*12 

09.0312 

ex 
ex 
ex 
ex 
ex 

2204 21 21 
2204 21 23 
2204 21 31 
2204 21  ii 
2204 21 49 

2204 21 21*10 
2204 21 23*10 
2204 21 31*10 
2204 21 33*10 
2204 21 49*21 

ISSN 0254-1475 

COM(92) 224 final 

DOCUMENTS 

EN 

03  02 

Catalogue number: CB-CO-92-234-EN-C 

ISBN 92-77-44510-6 

Office for Official Publications of the European Communities 

Lr2985 Luxembourg