CELEX: 31973R3610
Language: en
Date: 1973-12-27 00:00:00
Title: Regulation (EEC) No 3610/73 of the Council of 27 December 1973 opening, allocating and providing for the administration of Community tariff quotas for port wines falling within subheading No ex 22.05 of the Common Customs Tariff, originating in Portugal

No L 365/ 176                           Official Journal of the European Communities                             31 . 12 . 73
                                 REGULATION (EEC) No 3610/73 OF THE COUNCIL
                                                     of 27 December 1973
              opening, allocating and providing for the administration of Community tariff quotas for
              port wines falling within subheading No ex 22.05 of the Common Customs Tariff,
                                                    originating in Portugal
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                          whereas, having regard to the principles mentioned
                                                                   above, the Community nature of the quotas can be
Having regard to the Treaty establishing the                       respected by allocating the Community tariff quota
European Economic Community, and in particular                     among the Member States ; whereas, in order to
Articles 43 and 113 thereof;                                       reflect most accurately the actual development of the
                                                                   market in the products concerned, such allocation
Having regard to the proposal from the Commission ;                should be in proportion to the needs of the Member
Having regard to the Opinion of the European                       States, assessed by reference both to the statistics of
Parliament;                                                        each State's imports from Portugal over a represen­
                                                                   tative period and to the economic outlook for the
Whereas     Article   4    of   Protocol   No     8  to  the       quota period concerned;
Agreement ( 1 ) between the European Economic
Community and the Portuguese Republic provides                     Whereas available Community statistics give no
that customs duties on imports into the Community                  information on the situation of port wines on the
of certain wines originating in Portugal, shall be                 markets ; whereas, however, Portuguese statistics for
reduced :
                                                                   exports of these products to the Community during
— by 60 % in the case of the duties applicable to                  the past few years can be considered to reflect
    port wines falling within subheading Nos ex                    approximately the situation of Community imports ;
    22.05 C III a) 1 and ex 22.05 C IV a ) 1 of the                whereas on this basis the corresponding imports by
    Common Customs Tariff, up to a total annual                    each of the Member States represent the following
    tariff quota of 20 000 hi ; and                                percentages of the imports into the Community from
                                                                   Portugal of the products concerned :
— by 50 % in the case of the duties applicable to
    port wines falling within subheading Nos ex                                                                 (in hectolitres
    22.05 C III a) 2 aa) and ex 22.05 C IV a) 2 aa ) of
    the Common Customs Tariff up to a total annual                                                 1970    1971       1972
    tariff quota of 285 000 hi ;
Whereas, however, under Article 6 of Protocol No 8                 Port Wines :
and Article 59 of the Act (2 ) concerning the
                                                                   — In receptacles containing
Conditions of Accession and the Adjustments to the                     two litres or less :
Treaties, the rate of reduction to be applied to the
                                                                       — Germany                   19-4    16-3       15-7
duties for port wines is limited to 40 % only ;
whereas this reduction applies, in the case of the                     — Benelux                   10-2    12-8       11-7
Community as originally constituted, to the Common                     — France                    35-1    33-8       30-9
Customs Tariff duties and, in the case of the new                      — Italy                     27-4    27-5       27-5
Member States, to such duties as these States apply at                 — Denmark                    2-4     2-2        2-1
any given moment to imports from third countries ;
                                                                       — Ireland                    0-3     0-2        0-2
whereas these wines will remain subject to the
provisions governing the common organization of the                    — United Kingdom             4-9     7-2       11-9
market in wine ;
                                                                   — In receptacles containing
                                                                       more than two litres :
Whereas it is in particular necessary to ensure to all
                                                                       — Germany                    9-2     9-4        8-7
Community importers equal and uninterrupted access
to the abovementioned quotas and uninterrupted                         — Benelux                   14-8    15-3       15-0
application of the rates laid down for these quotas to                 — France                    45-2    44-8       43-2
all imports of the products concerned into all                         — Italy                      0-0     0-0        0-0
Member States until the quotas have been used up ;                     — Denmark                    6-2     5-5        6-1
                                                                       — Ireland                    1-7     1-6         1 -6
C ) OJ No L 301 , 31 . 12 . 1972, p. 165 .                             — United Kingdom            22-9    23-4       25-4
(2) OJ No L 73 , 27. 3 . 1972 , p. 14 .
 ---pagebreak---  31 . 12. 73                        Official Journal of the European Communities                             No L 365/177
Whereas, in view of these data and the estimates               order to avoid a part of one or other of the
submitted by certain Member States, initial quota              Community quotas remaining unused in one Member
shares may be fixed approximately at the following             State when it could be used in others ;
percentages :
                                 Port wines in receptacles
                                                               Whereas, since the Kingdom of Belgium, the
                                         containing            Kingdom of the Netherlands and the Grand Duchy of
                                                               Luxembourg are united in and represented by the
                               Two litres         More than    Benelux Economic Union, all transactions concerning
                                 or less          two litres
                                                               the administration of shares granted to the
                                                               abovementioned Economic Union may be carried out
                                                               by any of its members,
Germany                           16-8               90
Benelux                           11-7              15-1
France                            32-8              44-3
Italy                             27-5               0-1      HAS ADOPTED THIS REGULATION :
Denmark                            2-2               5-9
Ireland                            0-2               1-6
United Kingdom                     8-8              24-0                              Article 1
                                                               1 . For the period from 1 January 1974 to 31
                                                              December 1974, Community tariff quotas shall be
Whereas, in order to take into account import trends          opened within the Community for products
for the products concerned in the different Member             originating in Portugal, and within the limits listed
States, each of the quota amounts should be divided           below :
into two instalments, the first instalment being
allocated among the Member States and the second
forming a reserve intended ultimately to cover the                   CCT heading No           Description        Quota volume
requirements of the Member States which have used
up their initial quota shares ; whereas, in order to
                                                              ex 22.05 C III a) 1
ensure a certain degree of security to importers in                                         ■ Port wines          20 000 hi
each Member State, the first instalment of the                ex 22.05 C IV a) 1
Community quotas should be determined at a level
which, under present circumstances, may be 90 % of
each of the quota amounts;
                                                              ex 22.05 C III a) 2 aa)
                                                              ex 22.05 C IV a) 2 aa)       j Port wines          285 000 hi
Whereas the initial quota shares of the Member
States may be used up at different times; whereas, in
order to take this fact into account and avoid any            2.    The Common Customs Tariff duties on wines
break in continuity, any Member State having used             imported within these tariff quotas                  shall    be
up almost the whole of any one of its initial quota           suspended at the rates listed below :
shares should draw an additional quota share from the
corresponding reserve ; whereas this must be done by                   CCT heading No                    Rate of duty
each Member State when each of its additional quota
shares is almost entirely used up, and repeated as
many times as the reserve allows ; whereas the initial        ex 22.05 C III a) 1                       8 ·1 u.a./hl
and additional quota shares must be available for use
                                                              ex 22.05 C IV a) 1                        8-7 u.a./hl
until the end of the quota period ; whereas this
method of administration calls for close cooperation          ex 22.05 C III a) 2 aa)                   6*6 u.a./hl
between Member States and the Commission, which
must, in particular, be able to observe the extent to         ex 22.05 C IV a) 2 aa)                    7 Ί u.a./hl
which the quota amounts are used and inform
Member States thereof;
                                                              3 . Within the limits of these tariff quotas, the new
Whereas if, at a specified date in the quota period, a        Member States shall apply the duties calculated in
considerable balance remains in one or other                  accordance with the relevant provisions set out in
Member State it is essential that that Member State           Protocol No 8 annexed to the Agreement and in the
pays a large amount of it back into the reserve, in           Act of Accession .
 ---pagebreak--- No L 365 / 178                         Official Journal of the European Communities                                 31 . 12. 73
4. These tariff quotas shall be allocated and                         3.     If, after one of its second shares has been
administered as provided hereunder.                                   exhausted, 90 % or more of the third share drawn by
                                                                      a Member State has been used, that Member State
                         Article 2                                    shall proceed in the manner specified in paragraph 1 ,
                                                                      to draw a fourth share equal to the third.
1.    The tariff quotas laid down in Article 1 shall be
divided into two instalments .                                        This process shall be applied until the reserve is
                                                                      exhausted .
2. The first instalment shall be shared among the                     4. Notwithstanding paragraphs 1 , 2 and 3 , the
Member States ; the shares which, subject to Article 5 ,              Member States may proceed to draw shares smaller
shall be valid until 31 December 1974 shall consist of
                                                                      than those fixed in those paragraphs if there is any
the following amounts :                                               reason to believe that those shares might not be used
                                                                      up . They shall inform the Commission of the reasons
                                                     (in hectolitres) which led them to apply this paragraph.
                              Port wines under subheadings
                         ex 22.05 C III a) 1 ex 22.05 C III a) 2 aa)                          Article 4
                                 and                   and
                         ex 22.05 C IV a) 1  ex 22.05 C IV a) 2 aa)
                                                                      Each of the additional shares drawn pursuant to
Germany                         3 020                 23 000          Article 3 shall be valid until 31 December 1974.
Benelux                         2 100                 38 500
France                          5 900               112 900
                                                                                              Article 5
Italy                           4 950                    300
Denmark                           400                 15 000          If, by 15 September 1974, a Member State has not
Ireland                             40                 4100
                                                                      used up its initial shares, it shall, not later than 10
                                                                      October 1974, return to the reserve the unused
United                                                                portion of those shares in excess of 20 % of the
Kingdom                          1590                 61 200
                                                                      initial amount. It may return a larger quantity if there
                                                                      are reasons to consider that such quantity might not
                 Total        18 000               255 000            be used.
                                                                      The Member States shall, not later than 10 October
                                                                      1974 notify the Commission of the total imports of
3 . The second instalment of each quota, 2 000                        the products concerned effected up to 15 September
hectolitres and 30 000 hectolitres respectively, shall                1974 inclusive, and charged against the Community
constitute the reserve .
                                                                      quotas and, where appropriate, the proportion of
                                                                      their initial shares that is being returned to each
                                                                      reserve .
                         Article 3
1.    If 90 % or more of one of the initial shares of a
                                                                                              Article 6
Member State, as laid down in Article 2 (2) or 90 %
or more of that share less the amount returned into
the reserve, where the provisions of Article 5 have                   The Commission shall keep account of the shares
been applied, has been exhausted, that Member State                   opened by Member States in accordance with Articles
shall proceed without delay, by notifying the                         2 and 3 and shall inform each of them of the extent
Commission, to draw a second share equal to 15 %                      to which the reserves have been used as soon as it
of its initial share, rounded up to the next unit where               receives the notifications .
appropriate, to the extent that the amount in the
reserve allows .                                                      The Commission shall, not later than 15 October
                                                                      1974, notify Member States of the amount in each
2.    If, after one or other of its initial shares have               reserve after the return of shares pursuant to Article
been exhausted, 90 % or more of the second share                      5.
drawn by a Member State has been used, that
Member State shall proceed in the manner specified                    The Commission shall ensure that any drawing
in paragraph 1 to draw a third share equal to 7-5 %                   which uses up any reserve is limited to the balance
of its initial share, rounded up to the next unit                     available and, for this purpose, shall specify the
where appropriate, to the extent that the amount in                   amount thereof to the Member State which makes
the reserve allows .                                                  the final drawing.
 ---pagebreak--- 31 . 12. 73                         Official Journal of the European Communities                        No L 365 / 179
                        Article 7                                                      Article 8
1 . The Member States shall take all appropriate               Member States shall inform the Commission at
measures to ensure that, when additional shares are            regular intervals of imports of the products
drawn pursuant to Article 3 , it is possible for charges       concerned actually charged against their shares.
to be made, without interruption, against their
accumulated shares of the Community tariff quotas.
                                                                                       Article 9
2. The Member States shall ensure that importers               The   Member     States   and the   Commission    shall
of the said goods established in their territory have          cooperate closely in order to ensure that the
free access to the shares allocated to them.                   provisions of this Regulation are observed.
3.     The extent to which a Member State has used                                    Article 10
up its shares shall be determined on the basis of the
imports originating in Portugal as and when the                This Regulation shall enter into force on 1 January
goods are entered for home use.                                1974.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 27 December 1973 .
                                                                                  For the Council
                                                                                   The President
                                                                                 Ove GULDBERG