Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of Community tariff quotas for certain wines originating in Bulgaria, Hungary and Romania
Date: 1993-10-05
Institutions: European Commission
Subjects: Hungary, Romania, tariff quota, wine

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(93) 465 final 

Brussels,  5 October  1993 

Proposal  for a 

COUNCIL  REGULATION (EEC) 

opening  and providing  for the administration of 
Community  tariff  quotas  for certain  wines 
originating  in Bulgaria,  Hungary  and Romania 

(presented  by the Commission) 

EXPLANATORY  MEMORANDUM 

2 

Under  agreements  concluded  with  Bulgaria,  Hungary  and  Romania,  approved  by 
Council  Decisions  93/..../EEC,  /93..../EEC, and  /93..../EEC, of 
1993 
the  Community  undertook  to open  annual  Community  tariff  quotas  for  imports 
of  the  following  products  originating  in: 

(a) Buigaria: 

Orcter 
Wo 

CN  code 

Deter ipt ion 

09.7001 

©X2204.10 

Quality  sparkling  wine, 
in containers  holding  not 
more  than  2  I i tre* 

09.7003 

6X2204.21 

Quality  wine,  including 
quality  w i ne  with  a 
designation  of  origin 

09.7005 

ex2204.29 

Quality  w i ne,  i ncIud i ng 
quality  wine  with  a 
designation  of  origin,  and 
wine  obtained  from  grapes  of 
the  "Gamza"  vine  variety 
designated  and  presented 
under  that  name  or  under  the 
synonym  "kadarka" 

(b) Hungary: 

VoIume 
of  quota 
(hi ) 

Quota 
duty 

(%  basic) 

250 

80 

53  500 

80 

29  500 

80 

Or de r 
No 

CN  code 

Descr ipt ion 

Vo I ume 
of  quota 
(hi ) 

Quota 
duty 

(%  basic) 

09.7007 

ex2204.29 

Wine  of  fresh  grapes 

17  500 

09.7009 

ex2204.10 

Quality  sparkling  wine, 
in containers  holding  not 
more  than  2  I i très 

625 

80 

80 

09.7011 

ex2204.21 

Quality  wine,  including  wine 
of  superior  quality  and 
quality  wine  bearing  the 
geographical  indication 
"Tokaj"  and  wine  bear ing  the 
name  "Tajbor" 

28  750 

80 

( c)  Romania 

Order 
No 

09.7013 

CN  code 

Descr ipt ion 

ex2204.10 
ex2204.21 
ex2204.29 

Wine of  fresh  grapes, 
including  sparkling  wine 
and  Iiqueur  wine 

Volume 
of  quota 
(hi ) 

Quota 
duty 
(%  basic) 

27 500 

80 

J> 

Under  these  agreements  the quotas  are to be opened  annually for 
periods  running  from  1 January  to 31 December,  except  in 1993, when 
the  quotas  are to be opened  from  1 October  to 31 December  pro rata 
temporis. 

This  is the aim of  this  proposa 

V 

Proposal  for a 

Council  Regulation  (EEC) No..../93 

opening  and providing  for  the administration of 
Community  tariff  quotas  for certain wines 
originating  in Bulgaria, Hungary and Romania 

THE COUNCIL OF THE EUROPEAN COMMUNITIES. 

Having  regard  to the Treaty establishing  the European  Economic  Community, 
and  in particular Article  113 thereof, 

Having  regard  to the proposal  fro» the Coewiscion, 

between  the European  Economic Community, of  the 

Whereas,  in accordance with  the agreements  in the form of exchanges of 
letters concluded on 
one part, and  the Republic of Bulgaria, the Republic of Hungary, and 
Romania, of  the other  part, approved by Council  Decisions 93/ . . . . /EEC,93/ .../££Ci.nd96l  -ItB^ 
of. ....1993, the Community  is to open  tariff  quotas subject  to reduced 
customs duties  for certain wines originating  in the said countries; whereas 
access to those quotas shall  be confined  to the wines  in question 
accompanied  by a document  issued by a mutually  recognized official  body 
certifying  that  the wines are  those covered by  the agreement  and 
originating  in the countries concerned; 

Whereas  those quotas should  be opened on an annual  basis  running  from 1 
January  to 31 December; whereas, since  the agreements enter  into force 
after  1 January  1993, the annual  quota-volumes  should be adjusted  pro rata 
tempor is; 

Whereas  it  is necessary,  in particular, to ensure  for all  the parties 
concerned equal  and uninterrupted access  to the said quotas and  to ensure 
the uninterrupted application of  the rate  laid down  for  the quotas  to all 
imports or  re-imports  into all Member  States of  the products meeting  the 
conditions specified  until  the quotas have been used up ; 

Whereas  the decision  to open  the tariff  quotas should be taken by  the 
Community  in compliance with  its  international  obligations; whereas, to 
ensure  the efficiency  of  a common administration of  these quotas, there  is 
no obstacle  to authorizing Member  States  to draw  from  the quota-volumes the 
necessary  quantities corresponding  to actual  imports; whereas, however, 
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 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  represented  by  the 
Benelux  economic union, all  transactions concerning  the administration of 
the quantities drawn by  that economic  union may  be carried out  by  any one 
of  i ts members, 

s 

HAS ADOPTED THIS REGULATION: 

Article 1 

From  1 October  to 31 December  1993, and without  prejudice  to 
1. 
paragraph  2, the customs duties applicable on  importation of  the following 
products originating  in Bulgaria, Hungary  and Romania  shall  be suspended at 
levels and within  the  limits of  tariff quotas as  indicated  with  respect  to 
each product : 

(a)  Wines originating  in Bulgaria-. 

Order 
No 

09.7001 

CN cooe1 

Descr ipt ion2 

ex2204.10 

Quality  sparkling wine, 
in containers holding not 
more  than 2  I i très 

VoIume 
of  quota 
(hi ) 

Quota 
duty 
(%  basic) 

250 

80 

09.7003 

ex2204.21 

Quality wine,  including 
quality wine with a 
designation of origin 

53 500 

80 

09.7005 

6X2204.29 

Quality wine,  including 
quality wine with a 
designation of origin, and 
wine obtained  from grapes of 
the  "Gamza" vine variety 
designated  and presented 
under  that  name or under  the 
synonym  "kadarka" 

29 500 

80 

1 
2 

See Taric codes  in the Annex. 
Despite  the rules  for  interpreting  the combined  nomenclature, the 
description of  the products should be taken as a guide only, as the 
applicability of  the preferential  arrangements  is determined,  in the 
context of  this Annex, by  the scope of  the CN codes. Where ex CN 
codes are mentioned  the applicability of  the preferential 
arrangements  is determined on  the basis of  the CN code and  the 
corresponding  description, taken together. 

(b) Wines originating  in Hungary: 

C 

Order 
No 

CN code1 

Descript ion2 

VoIume 
of  quota 
(hi ) 

Quota 
dut y 

(%  basic) 

09.7007 

ex2204.29 

Wine of  fresh grapes 

17 500 

09.7009 

ex2204.10 

Quality  sparkling wine, 
in containers holding not 
more  than 2  Ii très 

625 

09.7011 

Quality w i ne,  i ne Iud i ng w i ne 
of super ior quality and 
quality wine bearing the 
geographical  indication 
MTc*kajM  and wine bearing the 
name  "Tajbor" 

28 750 

80 

80 

80 

(1)  See the Taric codes  in the Annex. 
(2)  Despite  the rules  for  interpreting  the combined  nomenclature, the 

description of  the products should  be taken as a guide only, as the 
applicability of  the preferential  arrangements  is determined,  in the 
context of  this Annex, by  the scope of  the CN codes. Where ex CN codes are 
mentioned  the applicability of  the preferential  arrangements  is determined 
on  the basis of  the CN code and  the corresponding description, taken 
together. 

(c) Wines originating  in Romania: 

Order 
No 

09.7013 

CN code1 

Descr ipt ion2 

ex2204.10 
6X2204.21 
ex2204.29 

Wine of  fresh grapes, 
including sparkling wine 
and  Iiqueur wine 

VoIume 
of quota 
(hi) 

Quota 

duty 
(%  basic) 

27 500 

80 

(1)  See  the Taric codes  in the Annex. 
(2)  Despite  the rules  for  interpreting  the combined  nomenclature, the 

description of  the products should be  taken as a guide only, as the 
applicability of  the preferential  arrangements  is determined,  in the 
context of  this Annex, by  the scope of  the CN codes. Where ex CN codes are 
mentioned  the applicability of  the preferential  arrangements  is determined 
on  the basis of  the CN code and  the corresponding description, taken 
together. 

-? 

Admission under  the  tariff  quotas referred  to  in paragraph  1 shall be 

2. 
confined  to wines accompanied  by a document  VI  1 or  an extract  VI 2, 
completed  in accordance with  the provisions of Commission  Regulation  (EEC) 
No 3590/85. Document  VI  1 must  include  in Box  15 one of  the  following 
endorsements, certified  by  the appropriate Bulgarian, Hungarian or  Romanian 
body: 

(a)  quota No 09.7001 : 

"This  is to certify  that  the wine referred  to  in this document  is a quality 
sparkling wine  in accordance with Bulgarian  legislation on wine-growing". 

(b)  quota  No 09.7003: 

"This  is to certify  that  the wine referred  to  in this document  is a quality 
wine with a designation of origin  in accordance with Bulgarian  legislation 
on w i ne-grow i no . 

(c)  quota No 09.7005: 

"This  is to certify  that  the wine  referred  to  in this document  is a quality 
wine with a designation of origin,  in accordance with Bulgarian  legislation 
on wine-growing, or  a wine obtained  from grapes of  the  "Gamza" vine variety 
designated  and presented under  that name or under  the synonym  "kadarka". 

(d)  quota No 09.7009: 

"This  is to certify  that  the wine referred  to  in this document  is a quality 
sparkling wine  in accordance with Hungarian Law No 36/1970 on wine-growing 
and  Implementing  Regulation  No 40/1977  (MEM),  as amended  by Regulations Nos 
7/1990 (FM) and No 23/1992  (FM)". 

(e)  quota  No 09.7011 : 

"This  is to certify  that  the wine  referred  to  in this document  is a quality 
wine,  including wine of  superior  quality  and quality  wine bearing  the 
geographical  indication  "Tokaj" and wine bearing  the name  "Tajbor" in 
accordance with Hungarian Law No 36/1970 on wine-growing  and  Implementing 
Regulation  No 40/1977  (MEM),  as amended  by Regulations Nos 7/1990 (FM) and 
No 23/1992  (FM)". 

Furthermore, the wines  in question shall  remain subject  to observance of 
the free-at-frontier  reference prices.  In order  for  these wines  to benefit 
from  the tariff  quotas, Article 54 of Regulation  (EEC) No 822/87,1  as  last 
amended  by Regulation  (EEC) No  1566/93,2 must  be complied with. 

0J No L 84 of  27.3.1987, p.1, as  last amended  by Regulation  (EEC) No 
3577/90 (OJ No L 353 of  17.12.1990, p. 23). 
0J No L 154, 25.6.1993, p.39. 

Art icle  2 

The  tariff  quotas  referred  to  in  Article  1 shall  be  managed  by  the 
Commission,  which  may  take  ail  appropriate  administrative  measures  in  order 
to  ensure  effective  administration  thereof. 

Ar t ic le  3 

If  an  importer  presents,  in  a  Member  State,  a  declaration  of  entry  into 
free  circulation,  incsuding  a  request  for  preferential  benefit  for  a 
product  covered  by  thus  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. 

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  Commission  shall  inform  the  Member  States  of  the  drawings 
made. 

Ar ticle  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. 

This  Regulation  shall  enter  into  force  on  1 October  1993. 

Art icle  6 

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

Done  at  Luxembourg, 

For  the  CounciI 
The  President 

9 

Tarie  codes 

Order  No 

CN  iodes 

TARIC code 

09.700! 

09.7003 

ex  2204.10 

ex  2204.21 

2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 
2204 

.10.19*91 
J0.90*_9J_ 
.21.25*94 
21.25*95 
21.25*99 
21.29*95 
21.29*96 
.21.29*99 
21.35*11 
.21.35*19 
.21.35*94 
.21.35*95 
21.35*96 
21.35*99 
21.39*11 
.21.39*19 
21.39*94 
21.39*95 
21.39*96 
21.39*99 
21.49*19 
21.49*29 
21.49*91 
21.49*99 
21.59*19 
21.59*39 
.21.59*91 
.21.59*99 
.21.90*10 
.21.90*90 

Order  No 

CN  code 

TARIC  code 

09.7005 

ex  2204  29 

09.7007 

ex  2204  29 

2204  29  2^" 
2204.29 2{J 
2204.29  35 
2204.2939 
2204  29.49*19 
2204  29  49*39 
2204  29  49*83 
2204.29  49*90 
2204.29  59*19 
2204  29  59*39 
2204  29  59*83 
2204.29  59*90 
2204  29  90*19 
2204.29  90*90 
2204  29  25*91 
2204  29  29*91 
2204.29.35*91 
2204.2935*92 
2204.29.35*93 
2204.29  39*91 
2204.29  39*92 
2204.29  39*93 
2204  29  49*19 
2204.29.49*39 
2204  29  59*19 
2204  29  59*39 
2204  29 90M 9 

Order  No 

09.7009 

09.7011 

CN  code 

TARIC  code 

ex  2204  10 

ex  2204  21 

2204.10  19*91 
2204.10.90*91 
2204.21.25*94 
220421.25*95 
2204.21.25*99 
2204.21.29*95 
2204  21.29*96 
2204.21  29*99 
2204.21.35*11 
2204.21.35*19 
2204.21  35*94 
2204  21  35*95 
2204.21  35*96 
2204.21.35*99 
2204.21.39*11 
2204.21.39*19 
2204  21  39*94 
2204.21.39*95 
2204.21.39*96 
2204  21.39*99 
2204.21.49*19 
2204.21.49*29 
220421  49*91 
2204.2149*99 
2204.21.59*19 
2204.21.59*39 
2204  21  59*91 
2204  21  59*99 
2204.21.90*10 
220421  90*90 

Order  No 

09  7013 

CN  code 

ex  2204.10 

ex  2204.21 

ex  2204.29 

OZ 

TARIC  code 

2204.10  19*91 
2204.10  19*99 
2204.10.90*91 
2204  10.90*99 
2204.21.25*94 
2204.21  25*95 
2204.21.29*95 
2204.21.29*96 
2204.21.35*11 
2204.21.35*19 
2204.21  35*94 
2204.21.35*95 
2204  21  35*96 
2204  21  39*11 
2204  21  39*19 
2204  21  39*94 
2204.21  39*95 
2204.21  39*96 
2204.21.49*19 
220421  49*29 
2204.21.59*19 
2204.21  59*39 
2204  21  90*10 
2204  29  25*91 
2204.29.29*91 
2204  29.35*91 
2204.29.35*92 
2204  29  35*93 
22042939*91 
2204  29  39*92 
2204  29  39*93 
2204.29  49*19 
2204  2949*39 
2204  29  59*19 
220429  59*39 
2204.29  90*19 

F INANCIAL STATEMENT 

13 

1. 

Budget  heading  concerned: Chapter  12, Article  120 

2. 

Legal  basis: Article  113 of  the Treaty 

3. 

Title of  the tariff measure: Proposal  for a Council  Regulation  (EEC) 

opening  and providing  for  the administration of Community  tariff 

quotas  for certain wines originating  in Bulgaria, Hungary  and  Romania 

(1993) 

4. 

Aim: Compliance with  commitments entered  into by  the Community 

5. 

Loss of  revenue: The  financial  implications of  the measure were 

calculated  when  the Council  approved  the  legal  basis  for  the quotas 

(see doc. COM  (93) 358, proposal  for a Council  Decision  concerning 

the conclusion  and signature of.agreements  in the  form of  exchanges 

of  letters with  the countries concerned). 

ISSN 0254-1475 

COM(93) 465 final 

DOCUMENTS 

EN 

11 02 

Catalogue number : CB-CO-93-511-EN-C 

ISBN 92-77-59643-0 

Office for Official Publications of the European Communities 
Lr2985 Luxembourg