CELEX: 51993PC0465
Language: en
Date: 1993-10-05
Title: 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

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)
 ---pagebreak---                                                                             2
                             EXPLANATORY   MEMORANDUM
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                                                VoIume    Quota
  Wo          CN code           Deter ipt ion         of quota   duty
                                                       (hi )    (% basic)
 09.7001     ©X2204.10 Quality sparkling wine,         250        80
                        in containers holding not
                       more than 2 I i tre*
 09.7003     6X2204.21 Quality wine, including        53 500      80
                       quality w i ne with a
                       designation of origin
 09.7005     ex2204.29 Quality w i ne, i ncIud i ng   29 500      80
                       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:
 Or de r                                               Vo I ume  Quota
  No          CN code           Descr ipt ion         of quota   duty
                                                       (hi )    (% basic)
 09.7007    ex2204.29 Wine of fresh grapes             17 500     80
 09.7009    ex2204.10 Quality sparkling wine,            625      80
                       in containers holding not
                       more than 2 I i très
 09.7011    ex2204.21 Quality wine, including wine    28 750      80
                       of superior quality and
                       quality wine bearing the
                       geographical indication
                       "Tokaj" and wine bear ing the
                       name "Tajbor"
 ---pagebreak--- (c)  Romania                                                                    J>
 Order                                                  Volume      Quota
  No           CN code          Descr ipt ion          of quota     duty
                                                        (hi )      (% basic)
 09.7013      ex2204.10 Wine of fresh grapes,           27 500       80
              ex2204.21 including sparkling wine
              ex2204.29 and Iiqueur wine
            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
 ---pagebreak---                                                                                 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,
Whereas, in accordance with the agreements in the form of exchanges of
 letters concluded on      between the European Economic Community, of the
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 -I
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,
 ---pagebreak---                                                                             s
HAS ADOPTED THIS REGULATION:
                                    Article 1
1.      From 1 October to 31 December 1993, and   without prejudice to
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                                                   VoIume     Quota
   No         CN cooe1             Descr ipt ion2        of quota    duty
                                                          (hi )     (% basic)
  09.7001     ex2204.10 Quality sparkling wine,           250         80
                         in containers holding not
                        more than 2 I i très
  09.7003     ex2204.21 Quality wine, including          53 500       80
                        quality wine with a
                        designation of origin
  09.7005     6X2204.29 Quality wine, including          29 500       80
                        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"
1       See 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.
 ---pagebreak--- (b) Wines originating in Hungary:                                              C
 Order                                                        VoIume  Quota
  No          CN code1            Descript ion2             of quota  dut y
                                                              (hi )  (% basic)
 09.7007      ex2204.29 Wine of fresh grapes                  17 500   80
 09.7009     ex2204.10 Quality sparkling wine,                  625    80
                        in containers holding not
                        more than 2 Ii très
 09.7011                Quality w i ne, i ne Iud i ng w i ne 28 750    80
                        of super ior quality and
                        quality wine bearing the
                        geographical indication
                        M
                         Tc*kajM and wine bearing the
                        name "Tajbor"
(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                                                        VoIume  Quota
  No         CN code1            Descr ipt ion2             of quota duty
                                                              (hi)   (% basic)
 09.7013     ex2204.10 Wine of fresh grapes,                  27 500   80
             6X2204.21 including sparkling wine
             ex2204.29 and Iiqueur wine
(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.
 ---pagebreak---  2.     Admission under the tariff quotas referred to in paragraph 1 shall be
                                                                              -?
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.
 ---pagebreak---                                   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.
                                  Art icle 6
This Regulation shall enter  into force on 1 October  1993.
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
 ---pagebreak---                                              9
                 Tarie codes
Order No CN iodes            TARIC code
09.700!  ex 2204.10          2204 .10.19*91
                             2204 J0.90*_9J_
09.7003  ex 2204.21          2204 .21.25*94
                             2204 21.25*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
                             2204 21.49*91
                             2204 21.49*99
                             2204 21.59*19
                             2204 21.59*39
                             2204 .21.59*91
                             2204 .21.59*99
                             2204 .21.90*10
                             2204 .21.90*90
 ---pagebreak--- Order No CN code    TARIC code
09.7005  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
09.7007  ex 2204 29 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
 ---pagebreak--- Order No CN code    TARIC code
09.7009  ex 2204 10 2204.10 19*91
                    2204.10.90*91
09.7011  ex 2204 21 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
 ---pagebreak---                                    OZ
Order No CN code    TARIC code
09 7013  ex 2204.10 2204.10 19*91
                    2204.10 19*99
                    2204.10.90*91
                    2204 10.90*99
         ex 2204.21 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
         ex 2204.29 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
 ---pagebreak---                                                                          13
F INANCIAL STATEMENT
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).
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(93) 465 final
                                                      DOCUMENTS
EN                                                                          11 02
                                 Catalogue number : CB-CO-93-511-EN-C
                                                             ISBN 92-77-59643-0
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