CELEX: 31978R1435
Language: en
Date: 1978-06-26
Title: Council Regulation (EEC) No 1435/78 of 26 June 1978 opening, allocating and providing for the administration of a Community tariff quota for liqueur wines falling within subheading ex 22.05 C of the Common Customs Tariff, originating in Cyprus

No L 172/26                              Official Journal of the European Communities                               28 . 6 . 78
                                         COUNCIL REGULATION (EEC) No 1435/78
                                                         of 26 June 1978
                 opening, allocating and providing for the administration of a Community tariff quota for
                 liqueur wines falling within subheading ex 22.05 C of the Common Customs Tariff,
                                                      originating in Cyprus
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas these wines are, for the greater part, imported
                                                                     into the Community during the latter months of each
                                                                     year due to particular reasons inherent in their method
Having regard to the Treaty establishing the European                of production ahd distribution ; whereas, consequently,
Economic Community, and in particular Articles 43 and                the quota opened by Regulation (EEC) No 923 /78 (4)
 113 thereof,                                                        for the period 1 May to 30 June 1978 has not been en­
                                                                     tirely used up ; whereas, by way of exception, it is
                                                                     necessary to provide for the residual amount left over
Having regard to the proposal from the Commission                    from this period to be taken into consideration to be
                                                                     used during the period of validity of this Regulation ;
Having regard to the opinion of the European Parlia­
ment ( x),
                                                                    Whereas it is in particular necessary to ensure for all
Whereas a Supplementary Protocol to the Agreement                    Community importers equal and uninterrupted access
establishing an Association between the European                     to the abovementioned quota and uninterrupted appli­
Economic Community and the Republic of Cyprus was                    cation of the rates laid down for that quota to all im­
signed on 11 May 1978 ; whereas this Protocol is to                 ports of the products concerned into all Member States
enter into force on 1 July 1978 ; whereas Article 6 of              until the quota has been used up ; whereas, having re­
this Protocol provides for the opening of an annual                 gard to the principles mentioned above, the Community
                                                                    nature of the quota can be respected by allocating the
 Community tariff quota of 250 000 hectolitres , of
                                                                     Community tariff quota among the Member States ;
 liqueur wines falling within subheading ex 22.05 C of              whereas, in order to reflect more accurately the actual
the Common Customs Tariff, originating in Cyprus, at                development of the market in the products concerned,
rates of customs duty equal to 30 % of the customs                   such allocation should be in proportion to the needs of
duty in the Common Customs Tariff; whereas the pro                  the Member States, assessed by reference to both the
rata temporis clause is applicable; whereas under these             statistics of each State's imports of the said products
circumstances it is necessary to open a Community                   from Cyprus over a representative period and the
tariff quota of 125 000 hectolitres for the period 1 July           economic outlook for the quota period concerned;
to 31 December 1978 ;
                                                                    Whereas, however, neither Community nor national
Whereas these wines remain subject to the provisions                statistics showing the breakdown for the products in
governing the common organization of the market in                  question are available and no reliable- estimates of fu­
wine products, especially as regards observance of the              ture imports can be made; whereas, in these circum­
reference price; whereas entry under the above Com­
                                                                    stances, the quota volumes should be allocated in initial
munity tariff quota must be conditional on the wines
                                                                    shares, taking into account demand for these products
being described as 'liqueur wines' in the V.I. 1 docu­              on the markets of the various Member States ;
ment provided for in Regulation (EEC) No 2115/76 (2 );
 Whereas Council Regulation (EEC) No 2506/75 of 29
September 1975 laying down special rules for the im­                Whereas , in order to take into account import trends
portation of products in the wine-growing sector                    for the products concerned in the different Member
originating in certain third countries (3 ), introduced the         States, the quota amount should be divided into two
idea of a free-at-frontier reference price, being the ref­          tranches, the first tranche being allocated among the
erence price less customs duties actually levied ;                  Member States and the second forming a reserve in­
                                                                    tended ultimately to cover the requirements of the
                                                                    Member States which have used up their initial quota
                                                                    shares ; whereas, in order to ensure a certain degree of
( 1) Opinion delivered on 16 June 1978 (not yet published in
     the Official Journal).
(2 ) OJ No L 237, 28 . 8 . 1976 , p. 1 .
(3 ) OJ No L 256, 2 . 10 . 1975 , p. 2 .                            (4 ) OJ No L 120, 4 . 5 . 1978 , p. 1 .
 ---pagebreak--- 28 . 6 . 78                               Official Journal of the European Communities                                    No L 172/27
security to importers in each Member State, the first                       part of the Community quota remaining unused in one
tranche of the Community quota should be determined                         Member State when it could be used in others ;
at a level which, under present circumstances, may be
 85 % of the quota amount;
                                                                             Whereas since the Kingdom of Belgium, the Kingdom of
Whereas the initial shares of the Member States may be                       the Netherlands and the Grand Duchy of Luxembourg
used up at different times ; whereas, in order to take this                  are united within and jointly represented by the Benelux
fact into account and avoid any break in continuity, it is                   Economic Union all transactions concerning the ad­
important that any Member State having used up                               ministration of shares allocated to that economic union
almost the whole of its initial shares should draw an                        may be carried out by any one of its members ,
additional share from the reserve; whereas this must be
done by each Member State as and when each of its
additional shares is almost entirely used up, and re­
peated as many times as the reserve allows ; whereas the
initial and additional shares must be available for use                     HAS ADOPTED THIS REGULATION :
until the end of the quota period; whereas this method
of administration calls for close cooperation between
Member States and the Commission, which must, in                                                    Article 1
particular, be able to observe the extent to which the
quota amount is used and inform Member States
thereof;
                                                                            1 . From 1 July to 31 December 1978 , the Common
 Whereas, if at a specified date in the quota period, a                     Customs Tariff duties in respect of the following
 considerable balance remains in one or other Member                        products originating in Cyprus shall be partially sus­
 State it is essential that that Member State pays a large                  pended at the levels shown below within the limits of a
 amount of it back into the reserve, in order to avoid a                    Community tariff quota of 125 000 hectolitres :
                     CCT                                                                                         Rate
                    heading                                      Description                                    of duty
                      No
                   22.05        Wine of fresh grapes ; grape must with fermentation arrested by the
                                addition of alcohol :
                                C. Other :
                                     II. Of an actual alcoholic strength exceeding 13° but not ex­
                                          ceeding 15°, in containers holding:
                                          ex a)   Two litres or less :
                                                 — Liqueur wines of an actual alcoholic strength
                                                     of 15°                                                 4.2 u.a. /hl
                                          ex b ) More than two litres :
                                                 — Liqueur wines of an actual alcoholic strength
                                                     of 15°                                                  3.3 u.a. /hl
                                    III . Of an actual alcoholic strength exceeding 15° but not ex­
                                          ceeding 18°, in containers holding:
                                          a) Two litres or less :
                                              ex 2 . Other :
                                                     — Liqueur wines                                         51 u.a. /hl
                                          b) More than two litres :
                                              ex 3 . Other :
                                                     — Liqueur wines                                        4.2 u.a. /hl
                                   IV. Of an actual alcoholic strength exceeding 18° but not ex­
                                          ceeding 22°, in containers holding :
                                          a) Two litres or less :
                                              ex 2 . Other :
                                                     — Liqueur wines                                         5-7 u.a. /hl
                                          b ) More than two litres :
                                              ex 3 . Other :
                                                     — Liqueur wines                                         5.7 u.a. /hl
 ---pagebreak--- No L 172/28                          Official Journal of the European Communities                                28 . 6 . 78
2. The entry of these wines under the tariff quota shall        delay, by notifying the Commission, to draw a second
be conditional on their being described in the V.I. 1           share equal to 15 % of its initial share, rounded up to
document provided for in Regulation (EEC) No                    the next unit where appropriate, to the extent that the
2115 /76 as 'liqueur wines'.                                    amount in the reserve allows.
3 . The inclusion of these wines in this Community             2. If, after its initial share has been exhausted, 90 % or
tariff quota shall be conditional upon observance of the       more of the second share drawn by a Member State has
reference price applying .to them.                             been used, that Member State shall proceed, in the
                                                               manner specified in paragraph 1 , to draw a third share
                                                               equal to 7-5 % of its initial share, rounded up to the
4. The wines in question shall benefit from this tariff        next unit where appropriate, to the extent that the
quota on condition that the prices on import into the           amount in the reserve allows.
Community are not any time less than the free-at-fron­
tier reference prices referred to in Regulation (EEC)
No 2506/75 and subsequent texts which apply to such            3 . If, after its second share has been exhausted, 90 %
prices .                                                       or more of the third share drawn by a Member State
                                                               has been used, that Member State shall proceed, in the
                                                               same way, to draw a fourth share equal to the third.
                         Article 2
                                                               This process shall be applied until the reserve is ex­
1 . The Community tariff quota referred to in Article 1         hausted.
shall be divided into two tranches.
2 . The first tranche, amounting to 106 520 hectolitres, -      4. Notwithstanding the provisions of paragraphs 1 , 2
shall be shared among the Member States ; the pro­              and 3 , the Member States may proceed to draw shares
                                                                smaller than those fixed in those paragraphs if there is
portions which, subject to Article 5 , shall be valid until
31 December 1978 , shall be as follows :
                                                                reason to believe that they might not be used up. They
         Benelux                          1 500 hi
                                                                shall inform the ^Commission oft the reasons which led
                                                                them to apply this paragraph.
         Denmark                          1 500 hi
         Germany                          1 500 hi
         France                              10 hi
         Ireland                         2 000 hi                                         Article 4
         Italy                               10 hi
         United Kingdom                100 000 hi               The additional shares drawn pursuant to Article 3 shall
                                                                be valid until 31 December 1978 .
3 . The shares determined in paragraph 2 shall be in­
creased by any remainders of the shares allocated under
Regulation (EEC) No 923 /78 existing on 30 June 1978 .                                    Article 5
Member States shall notify the Commission not later             Member States shall return to the reserve, not later than
than 15 July 1978 of any remainders of the shares allo­          15 November 1978 , the unused portion of their initial
cated under the abovementioned Regulation existing on           share which, on 1 November 1978 , is in excess of 20 %
30 June 1978 .                                                  of the initial amount. They may return a larger portion
                                                                if there are grounds for believing that such portion may
4. The second tranche, amounting to 18 480 hec­                 not be used in full.
tolitres, shall constitute the reserve to which any re­
mainders of the reserves constituted under Article 2 of
Regulations (EEC) No 3016/77, (EEC) No 533 /78 and               Each Member State shall, not later than 15 November
(EEC) No 923 /78 , existing on 30 June 1978 shall be             1978 , notify the Commission of the total imports of the
added, irrespective of the implementation of Article 5 .        products concerned effected up to 1 November 1978
                                                                inclusive, and charged against the Community quota
                                                                 and, where appropriate, the proportion of its initial
                                                                share that is being returned to the reserve.
                         Article 3
1.   If 90 % or more of the initial share of a Member
State, as laid down in Article 2 (2), or 90 % of that                                     Article 6
share less the amount returned into the reserve, where
the provisions of Article 5 have been applied, has been         The Commission shall keep account of the shares
exhausted, that Member State shall proceed without              opened by Member States in accordance with Articles 2
 ---pagebreak--- 28 . 6 . 78                             Official Journal of the European Communities                            No L 172/29
and 3 and shall inform each of them of the extent to              2. Member States shall ensure that importers of the
which the reserve has been used as soon as it receives             said goods established in their territory have free access
the notifications .                                                to the shares allocated to them.
                                                                   3 . The extent to which a Member State has used up its
The Commission shall, not later than 20 November                   share shall be determined on the basis of the imports of
 1978 , notify Member States of the amount in the                  the goods in question entered at customs for home use.
 reserve after the return of shares pursuant to Article 5 .
                                                                                            Article 8
The Commission shall ensure that any drawing which                 On receipt of a request from the Commission, Member
 uses up the reserve is limited to the balance available           States shall inform it of imports actually charged against
 and, for this purpose, shall specify the amount thereof           their shares.
 to the Member State which makes the final drawing.
                                                                                             Article 9
                                                                   Member States and the Commission shall cooperate
                            Article 7                              closely in order to ensure that this Regulation is
                                                                   observed .
 1 . Member States shall take all appropriate measures
to ensure that, when additional shares are drawn pur­
 suant to Article 3 , it is possible for charges to be made                                 Article 10
without interruption against their accumulated shares of
 the Community quota.                                              This Regulation shall enter into force on 1 July 1978 .
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
               Done at Luxembourg, 26 June 1978 .
                                                                                       For the Council
                                                                                        The President
                                                                                      K. B. ANDERSEN