CELEX: 51988PC0254
Language: en
Date: 1988-05-02
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for quality wines produced in the specified region of Jerez (1988/1989)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for quality wines produced in the specified region of Malaga (1988/1989)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for quality wines produced in the specified regions of Jumilla, Priorato, Rioja and Valdepenas. (1988/1989)#(presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 254
Vol. 1988/0081
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Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                             COM ( 88 ) 254 final
                                                             Brussels , 2 May 1988
                                 Proposal for a
                            COUNCIL REGULATION (EEC )
  opening , allocating and providing for the administration of Community
                  tariff quotas for quality wines produced
                        in the specified region of Jerez
                                   ( 1988/1989 )
                                 Proposal for a
                            COUNCIL REGULATION ( ESC )
 opening , allocating and providing for the administration of a Community
                  tariff quota for quality wines produced
                     in the specified region of Malaga
                                  ( 1988 /1989 )
                                 Proposal for a
                            COUNCIL REGULATION ( EEC )
 opening , allocating and providing for the administration of a Community
                  tariff quota for quality wines produced
   in the specified regions of Jumilla , Priorato, Rioja and Valdepeñas .
                                  ( 1988 /1989 )
                      ( presented     by the Commission),
                                                 Commission)
                                       W:'\ Sü' G*"-'-1
 ---pagebreak---                     Explanatory memorandum
According 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
grown 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 snerry in containers holding two litres or less
  falling within CN codes ex 2204 21 41 and ex 2204 21 51
- 435 000 hi sherry in containers holding more than two
  litres falling within CN codes ex 2204 29 41 and
  ex 2204 29 51 ,
    22 008 hi wines from 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 and
    15 000 hi Malaga wines in containers holding two litres or
  less , falling within CN codes ex 2204 21 49 and
  ex 2204 21 59 .
The duties applicable to the wines in question shall be
reduced to 62,5% of the basic duties on 1 January 1988 and to
50% of the basic duties on 1 January 1989 . By deviation from
Article 30 of the abovementioned act Regulation ( EEC ) No .
443 / 86 concerning the basic duties to be adopted for the
purpose of the calculation of the duties provides that the
basic duties are those which have been actually applied on 1
January 1986 . 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 provides for particular provisions
on the subject .
 ---pagebreak---                                                                    3
                          - 2 -
    Therefore , for the period 1 July 1988 to 30 June 1989 , the
    abovementioned tariff quotas should be opened in the
    Community as constituted on 31 December 1985 at duties
    calculated according to the provisions provided for on the
    subject .
    That is the purpose of the annexed proposals for Regulations .
2.  These regulations provide - in the normal way - the splitting
    up of the quota volumes into two parts , the first of which
    will be allocated among the Member States as quota shares ,
    with the second forming a reserve .
    Allocation of the volume of the first part of each quota took
    account of the fact that there have been no imports or only
    occasional imports into certain Member States in recent
    years . Initial shares have therefore been allocated only to
    importing Member States , while other Member States are
    guaranteed access to the tariff quotas as and when imports
    are announced .
3.  Owing to the special characteristics of the trade in these
    wines , which also differ between Member States , the
    regulation , exceptionally , does not establish a uniform
    method of administration .
Annexes : 3 proposais for Council régulations .
 ---pagebreak---                                                                    H
                                                                (/
                          Proposai for a
          COUNCIL REGULATION ( EEC ) No . / .
                                  of
  opening , allocating and providing for tne administration of
    Community tariff quotas for quality wines produced in the
               specified region of Jerez ( 1988 /89 )
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 sherry
from Spain within the limits of Community tariff quotas of
358 120 hi in containers holding two litres or less and of
435 000 hi in containers holding more than two litres shall
be progressively abolished ; whereas these duties are reduced
to 62,5% of the basic duties on 1 January 1988 and to 50% of
the basic duties on 1 January 1989 ; whereas by way of
derogation from Article 30 of the Act of Accession , Council
Regulation ( EEC ) No 443 /86 ( 1 ) provides that the basic
duties are those which ware actually applied on 1 January
1986 ; whereas , therefore , to establish the duties applicable
on the import of these wines Community tariff quotas should
be opened for the period 1 July 1988 to 30 June 1989 for :
       358 120 hectolitres for quality wines produced in the
       specified region of Jerez falling within CN codes ex
       2204 21 41 and ex 2204 21 51 , and
       435 000 hectolitres for quality wines produced in the
       specified region of Jerez falling within CN codes ex
       2204 29 41 and ex 2204 29 51
at duties as shown in the list in Article 1 ;
whereas Council Regulation ( EEC ) No 3792 /85 of 20 December
1985 laying down the arrangements applying to trade in
agricultural products between Spain and Portugal ( 2 )
provides for particular rules for the import into Portugal
of the products in question , originating in Spain ; whereas ,
consequently , the Community tariff quotas are applicable
only in the Community as constituted on 31 December 1985 ;
( 1 ) OJ No L 50 , 28.02.1986 , p. 9
( 2 ) OJ No L 367 , 31.12.1985 , p. 7
 ---pagebreak---                                   2
                                                               h
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access to
the abovementioned quotas and uninterrupted application
of the rates laid down for these quotas to all imports of the
product concerned into all Member States until the quotas
have been used up ; whereas , having regard to the above
principles , the Community nature of the quotas can be
respected by allocating the Community tariff quotas among
the Member States ; whereas , in order to reflect as
accurately as possible the actual trend of the market in the
product concerned , such allocation should be in proportion
to the requirements of the Member States , calculated by
reference to the statistics for imports of the said product
from Spain over a representative reference period and also
to the economic outlook for the quota period concerned ;
Whereas , during the last three years for which statistics are
available , the corresponding imports      of Sherry
 into Member States are broken down as
 shown in the following table :
                                                 hectolitres :
                                   1984      1985       ms
Sherry :
– in containers holding two
    litres or less :
    Benelux                     235.876 242.779 205.524
    Denmark                      11.238 10.173 11.437
    Germany                     158.976 158.458 204.835
    Greece                           119         84       114
    France                         1.778    1.389       1.227
    Ireland                        7.1Z3    6.600      4.327
    Italy                          1.509    1.963       1.279
    United Kingdom              159.685 173.668 145.334
– in containers holding more
    than two litres :
    Benelux                     195.461 204.470 154.428
    Denmark                      11.115 12.143 10.316
    Germany                      10.154 10.122 10.005
    Greece                              9         “          -
    France                            119        67        30
    Ireland                        3.102    4.334      3.220
    Italy                               -         -          -
    United Kingdom              245.850 264.340 247.052
 Whereas in the last three years the products in question
 were imported regularly only by certain Member States
 and not at all or only occasionally by the other Member
 States ; whereas, under these circumstances, in the first
 phase, initial shares should be allocated to the genuine
 importing Member States and the other Member States
 should be guaranteed access to the benefit of the tariff
 quotas when imports actually take place in those Member
 States ; whereas these allocation arrangements will equally
 ensure the uniform application of the combined nomen¬
 clature duties ;
 ---pagebreak---                          - з -                                       0
   Whereas , in view of these factors and of the estimates
   submitted by certain Member States , initial quota shares
   may be fixed approximately at the following percentages:
                                           Sherry in container
                                                   holding
               Member States
                                        two litres        more than
                                         or less          two litres
   Benelux                             39,19             ■ 39,99
   Denmark                               1,89                2'42
   Germany                              29,92                2,18
   Greece                                0,02                0,00
   France
                                         0,25                0,02
   Ireland
                                         1,03                0,77
   Italy                                 0' 27               0^00
   United Kingdom                       27,43               54,62
 Whereas, in order to take into account import trends for
 the products concerned in the various Member States,
 each quota volume should be divided into two parts, the
  first being allocated among certain Member States and the
 second constituting a reserve to cover the subsequent
  requirements of those Member States which have used up
 their initial share and also any additional requirements
 which might arise in other Member States ; whereas, in
 order to give importers in each Member State a certain
 degree of security, the first part of the Community quotas
  should, under the circumstances, be fixed at 67 % respec¬
  tively of each quota volume ;
    Whereas the Member States’ initial shares may be used up
    at different times; whereas, in order to take this fact into
    account and avoid any break in continuity, any Member
    State which has almost used up one of its initial shares
    must draw an additional share from the corresponding
    reserve; whereas this must be done by each Member State
    as and when each of its additional shares is almost entirely
    used up, and repeated as many times as the reserve allows;
    whereas the initial and additional shares must be valid until
    the end of the quota period; whereas this method of
    administration requires close cooperation between the
     Member States and the Commission , and the Commission
     must be in a position to monitor the extent to which the
  quota volumes have been used up and inform the Member
  States thereof;
 Whereas if, at a gtven date in the quota period, a
 considerable quantity is left over in one or other Member
 State, it is essential that that Member State should return a
 significant proportion to the reserve to prevent a part of the
 Community quotas from remaining unused in one Member
 State when it could be used in others;
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 relating to the
administration of the quota shares allocated to that
economic union may be carried out by any one of its
members ,
 ---pagebreak---                                                 4                                                                          1
                                              HAS ADOPTED THIS REGULATION :
                                                                               Article I
                                              From 1 July 1988 to 30 June 198 9 the                        c us(oms duties
                       applicable on following quality winesP*"oduced in th e specified
                                  region of Jerez                        shall, in the Community as constituted
                                              on 31 December 1985 , be partially suspended at the levels
                                              and within the limits of the Community tariff quotas
                                              indicated for each of them
                                                                       Rate ( ECU / HI )
 Order      CN                                                                                      Quota volume
   No                               Description             from 1 July            form 1 January
            codes                                                                                    ( hectolitres)
                                                       to 31 December 1988        to 30 June 198 9
09.0306 ( ex 2204.21-41
        (. ex 2204.21-51
                                      Sherry                   4.0
                                                               4.3
                                                                                         3.2
                                                                                         3.5
                                                                                                   ] 358 120
                                      Sherry                   4.1                       3.3
09.0308
        f ex 2204.29-41
        l ex 2204.29-51                                        4.5                       3.6       j 435 000
                                                  Article 2
                   1 . Each of the tariff quotas referred to in Article 1 shall be
                   divided into two instalments.
                   2 . A first instalment of each quota shall be shared among
            certain Member States; the respective shares , which , subject to
                   Article 5 , shall be valid until 30 June 1989 shall be as
                   follows :
                                                                                    (hectolitres)
                                                         Sherry falling within           COdøS
                             Member States          e * 2204 21 41          ex 2204 29 41
                                                    c « 2204 21 51          ex 2204 29 51
                    Benelux
                    Denmark
                                                        94.030
                                                          4.535             "fes-
                    Germany                             71.Γ90                  6.355
                    Greece                                     50-
                    France                                   600                     60
                    Ireland                               2.470                 2.240
                    Italy                                    650
                    United Kingdom                      65.815              159.190
                                         Total        2357.940              291.450
                    3 . The second instalment of each quota , namely 118 180
              and 1A3 35©           hectolitres respectively, shall constitute the
                    corresponding reserve.
                       4.     If an importer notifies the imminent import of the
                        product in question into the other Member States and
                        applies to take advantage of the quota, the Member State
                        concerned shall inform the Commission and draw an
                        amount corresponding to its requirements to the extent
                        that the available balance of the reserve so permits.
 ---pagebreak---                             Article 3
1 . If 90 % or more of one of a Member State’s initial
shares as specified in Article 2 ( 2 ), or of that same share
reduced by the portion returned to the corresponding
                                                                                              Article 6
reserve if Article 5 has been applied , has been used up , that
Member State shall without delay by notifying the
Commission draw a second share equal to 10 % of its                 The Commission shall keep an account of the shares
initial share , rounded up where necessary to the next unit ,       opened by the Member States pursuant to Articles 2 and 3
to the extent permitted by the amount of the reserve .              and shall as soon as it has been notified, inform each State
                                                                    of the extent to which the reserve has been used up .
2. If, after one or other of its initial shares has been used
up, 90 % or more of the second share drawn by a Member              It shall inform the Member States, not later than 5 April
State has been used up , that Member State shall , in               1989 of the amount in the reserve after quantities have
accordance with the conditions laid down in paragraph 1 ,           been returned pursuant to Article 5 .
draw a third share equal to 5 % of its initial share, rounded
 up to the next unit.
                                                                    The Commission shall ensure that the drawing which uses
                                                                    up one of the reserves is limited to the balance available
3 . If, after one or other of its second shares has been used       and to this end shall specify the amount thereof to the
 up, 90 % or more of the third share drawn by Member                Member State which makes the last drawing.
 State has been used up , that Member State shall , in
 accordance with the same conditions , draw a fourth share
equal to the third .
                                                                                              Article 7
 The process shall continue until the reserve is used up .
                                                                    1 . The Member State shall take all measures necessary to
                                                                    ensure that additional shares drawn pursuant to Article 2
 4 . By way of derogation from paragraphs 1 , 2 and 3 , a           are opened in such a way that imports may be charged
 Member State may draw shares smaller than those fixed in           without interruption against their accumulated shares of
 those paragraphs, if there is reason to believe that they          the Community quota .
   might not be used up. It shall inform the Commission of its
   reasons for applying this paragraph .
                                                                    2 . The Member States shall ensure that importers of the
                                                                    said product have free access to the shares allocated to
                                                                    them .
                              Article 4
   Each of the additional shares drawn pursuant to Article 3        3 . The extent to which Member States have used up their
   shall be valid until 30 June 1989.                               shares shall be determined on the basis of the imports of
                                                                    the product in question entered for free circulation.
                              Article 5
                                                                                              Article 8
  Member States shall return to the reserve , not later than
  1 April 198 9 the unused portion of their initial shares           At the request of the Commission , Member States shall
  which , on 15 March 198 9is in excess of 20 % of the initial       inform it of imports actually charged against their shares.
  volume. They may return a larger quantity if there are
  grounds for believing that this quantity may not be used.
  Member States shall , not later than 1 April 198 9, notify the
  Commission of the total quantities of the products in
 question imported up to 15 March 1989 inclusive and                                            Article 9
 charged against the Community quota, and of any
 quantities of the initial shares returned to the reserve.
                                                                       This Regulation shall enter into force on 1 July 1988 .
                        This Regulation shall be binding in its entirety and directly applicable in all Member
                        States .
                        Done at     Brussels ,
                                                                                                   Hor the Council
                                                                                                    The President
 ---pagebreak---                                                           Proposai for a
                                             COUNCIL REGULATION ( EEC) No
                                                              of
                       opening , allocating and providing for the administration of a Community tariff quota for
                         quality wines produced in the specified reoion of Malaaa
                                                             ( 1988 / 89 )
    THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            Whereas it is in particular necessary to ensure for all
                                                                         Community importers equal and uninterrupted access to
                                                                         the abovementioned quota and uninterrupted application
    Having regard to the Act of Accession of Spain and                   of the rates laid down for that quota to all imports of the
    Portugal and in particular Articles 30 and 75 ,                      products concerned into all Member States until the quota
                                                                         has been used up; whereas, having regard to the above
                                                                         principles, the Community nature of the quota can be
    Having regard to the proposal from the Commission ,                  respected by allocating the Community tariff quota among
                                                                         the Member States; whereas , in order to reflect as
                                                                         accurately as possible the actual trend of the market in the
   Whereas pursuant to Articles 30 and 75 of the Act of                  products in question , such allocation should be in
   Accession the duties applicable on the import into the               proportion to the requirements of the Member States ,
   Community as constituted on 31 December 1985 of                      calculated by reference to the statistics of each State’s
    Mudiny wines produced in the specified region of
    mlaga, falling within CN codes ex 2204 21 49 and ex imports of the said products from Spain over a
                                                                        representative reference period and also to the economic
       ex 2204 21 59 from Spain , within                                outlook for the quota period in question ;
      the limits ot a Community tariff quota of 15 000 hectolitres
      in containers holding two litres or less shall be
     progressively abolished ; whereas these duties are reduced          Whereas available Community statistics give no
to 62.5% of the basic duties on 1 January 198 8 and to                   information on the situation of Malaga wines on the
       50 % of the basic duties on 1 January 1989; whereas, by          market; whereas , however , Spanish statistics for exports of
     way of derogation from Article 30 of the Act of Accession,         these products to the Community during the past few years
     Council Regulation (EEC) No 443 / 86 ( ' ) provides that the       can be considered to reflect approximately the situation of
     basic duties are those which actually have been applied on         Community imports ; whereas, on this basis, the
     1 January 1986 ; whereas therefore to establish the duties         corresponding imports into Member States
     applicable on the import of these wines a tariff quota              are broken down as shown in the
    should be opened for the period 1 July 1988 to 30 June
     198 9of 15 000 hectolitres for the above mentioned                  following table :
       Malaga wines;
                                                             at the
    duties as shown in the list in Article 1 ;                                     Member States           19*4      1 9i5 I    ist6
                                                                                                                           I
    Whereas Council Regulation ( EEC) No 3792 / 85 of                   Benelux                          270       320         73
    20 December 1985 laying down the arrangements applying              Denmark                             –          –
                                                                                                                           ;    8,2
    to trade in agricultural products between Spain and                 Germany                          47J       360      ; 334,1
                                                                                                                            '   “
                                                                        Greece                              –          –
   Portugal ( 2 ) provides for particular rules for the import into     France                           140       210        356
   Portugal of the products in question , from              Spain;      Ireland                             –          –         --
   whereas consequently, the Community tariff quota is                  Italy                            160       130        140
   applicable only in the Community as constituted on                   United Kingdom                   310         70      ¡1.300
   31 December 1985 ;
                                                                         Whereas in the last three years the products in question
                                                                         were imported regularly only by certain Member States
                                                                         and not at all or only occasionally by the other Member
                                                                         States ; whereas, under these circumstances, in the first
                                                                         phase, initial shares should be allocated to the genuine
                                                                         importing Member States and the other Member States
                                                                         should be guaranteed access to the benefit of the tariff
                                                                         quotas when imports actually take place in those Member
                                                                         States ; whereas these allocation arrangements will equally
  ( ' ) OJ No l. 50, 28 2 . 1986 , p. 9.                                 ensure the uniform application of the combined nomen-
  (b OJ No I 367 , 31 . 12 . 1985 , p. 7 .                               clature duties ;
 ---pagebreak---    Whereas , in view of these factors and of the estimates
   submitted by certain Member States, initial quota shares
   may be fixed approximately at the following percentages:
           Benelux
           Denmark
                                                    U,25
                                                     0.18
           Germany
           Greece                                   25,03
           France                                    0,00
           Ireland                                  15,18
           Italy                                     0,00
                                                     9,24
           United Kingdom
                                                    36,12
    Whereas, in order to take into account import trends for
    the products concerned in the various Member States,
    each quota volume should be divided into two parts, the
    first being allocated among certain Member States and the
    second constituting a reserve to cover the subsequent
    requirements of those Member States which have used up
    their initial share and also any additional requirements
    which might arise in other Member States ; whereas, in
    order to give importers in each Member State a certain
    degree of security, the first part of the Community quotas
    should, under the circumstances, be fixed at 67 % respec¬
    tively of each quota volume ;
      Whereas the Member States’ initial shares may be used up
      at different times; whereas , in order to take this fact into
      account and avoid any break in continuity, any Member
      State which has almost used up one of its initial shares
      must draw an additional share from the corresponding
      reserve ; whereas this must be done by each Member State
      as and when each of its additional shares is almost entirely
      used up , and repeated as many times as the reserve allows ;
      whereas the initial and additional shares must be valid until
      the end of the quota period ; whereas this method of
      administration requires close cooperation between the
      Member States and the Commission , and tne Commission
      must be in a position to monitor the extent to which the
   Statel S* haVC bee” USed “P «*> fcfenn the Member
’ss
              s.,n“ A' Kingdom of Belgium, the Kingdom of
 umrld    h".and* 3nf ,the Grand Ducf,y of Luxembourg are
    ited within and jointly represented by the Benelux
 Economic Union, any operation relating to he
 administration of the quota shares allocated to that
mt“ ',n,<m may bC Carried OUt a"y of its
 ---pagebreak---                                          HAS ADOPTED THIS REGULATION :
                                                                      Article 1
                                         1 . From 1 July 1988 to 30 June 1989 the
                                         Customs               duties in respect of quality wines in the
              specified region of Malaga , shall , in the Community as constituted
                                         on 31 December 1985 , be partially suspended at the levels
                                         shown below within the limits of a total Community tariff
                                         quota of 15 000 hectolitres :
           Combined                                                       Rate ( ECU / hi ) period
 Order
          nomenclature                Description                1 July to                      1 January to
  No
             code                                           .Ì1 December 19sS                  30 June 1989
09.0310 ex 2204.21-49             Wine from Malaga                  6.4                            5.1
        ex 2204.21-59             Wine from Malaga                  7.1                            5.7
                                                  Article 2
                   1 . The Community tariff quota referred to in Article 1
                   shall be divided into two instalments .
                   2 . A first instalment , amounting to lU U5CJ hectolitres ,
                   shall be shared among the Member States; the respective
                     shares , which subject to Article 5 shall be valid until
                    30 June 198 9 shall be as follows:
                                                                       (in hectolitres)
                             Benelux                                       1.430
                             Denmark                                             20
                             Germany                                       2.515
                             Greece                                               –
                             France                                        1.525
                             Ireland                                               -
                             Italy                                             930
                             United Kingdom                                3.630
                    3. The second mstalment of 4 950 hectohtres shall
                    constitute the reserve .
                    4.    If an importer notifies the imminent import of the
                    product in question into the other Member Stites and
                    applies to take advantage of the quota, the Member State
                    concerned shall inform the Commission and draw an
                    amount corresponding to its requirements to the extent
                     that the available balance of the reserve so permits.
 ---pagebreak---                                                                                                Article 6
                              Article J
                                                                    The Commission shall keep an account of the shares
1 . If 90 % or more of a Member State’s initial share as            opened by the Member States pursuant to Articles 2 and 3
specified in Article 2 ( 2 ), or of that share minus the portion    and shall , as soon as it has been notified, inform each State
returned to the reserve , where Article 5 is applied , has been     of the extent to which the reserve has been used up.
used up, that Member State shall without delay , by
notifying the Commission , draw a second share equal to             It shall inform the Member States, not later than 5 April
10 % of its initial share , rounded up where necessary to the       1989, of the amount in the reserve after quantities have
next unit , to the extent permitted by the amount of the            been returned pursuant to Article 5 .
reserve .
                                                                   The Commission shall ensure that the drawing which uses
                                                                   up the reserve is limited to the balance available and to this
2 . If, after its initial share has been used up , 90 % or         end shall specify the amount thereof to the Member State
more of the second share drawn by a Member State has               which makes the last drawing.
been used , that Member State shall , in accordance with the
conditions laid down in paragraph 1 , draw a third equal to
5 % of its initial share , rounded up where necessary to the
next unit .                                                                                    Article 7
                                                                    1 . The Member States shall take all measures necessary to
 3 . If, after its second share has been used up, 90 % or          ensure that additional shares drawn pursuant to Article 3
 more of the third share drawn by a Member State has been          are opened in such a way that imports may be charged
 used up , that Member State shall , in accordance with the        without interruption against their accumulated shares of
 same conditions , draw a fourth share equal to the third.         the Community quota .
                                                                   2. The Member State shall ensure that importers of the
                                                                   said products have free access to the shares allocated to
This process shall continue until the reserve is used up .         them .
                                                                   3 . The extent to which a Member State has used up its
 4 . By way of derogation from paragraphs 1 , 2 and 3 , a          share shall be determined on the basis of the imports of the
 Member State may draw shares smaller than those fixed in          goods in question entered with the customs authorities for
 those paragraphs if there is reason to believe that they          free circulation .
 might not be used up . It shall inform the Commission of its
 reason for applying this paragraph .
                                                                                               Article 8
                               Article 4                           At the request of the Commission , Member States shall
                                                                   inform it of imports actually charged against their shares .
 Additional shares drawn pursuant to Article 3 shall be valid
 until 30 June 198 9.
                                                                                               Article 9
                               Article S                               This Regulation shall enter into force on 1 July 1988
 The Member States shall return to the reserve, not later
 than 1 April 198 9 the unused portion of their initial share
  which , on 15 March 198 9is in excess of 20 % of the initial
  volume. They may return a larger quantity if there are
  grounds for believing that this quantity may not be used.
  The Member States shall , not later than 1 April 1989 ,
  notify the Commission of the total quantities of the said
  goods imported up to 15 March 198 ^ inclusive and
  charged against the Community quota , and of any
  quantities of the initial shares returned to the reserve.
                               This Regulation shai. be binding in its entirety and direct.y applicale in al. Member
                               States .
                                Done at
                                                                                                     For the Council
                                                                                                       The President
 ---pagebreak---                           Proposai for a
          COUNCIL REGULATION ( EEC ) No . / . . 88
                                  of
  opening , allocating and providing for the administration of
       a Community tariff quota for quality wines produced
         in the specified regions of Jumilla , Priorato ,
                       Rioja and Valdepenas
                              ( 1988 / 89 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Act of Accession of Spain and Portugal ,
and in particular Articles 30 and 75 ,
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 quality
wines produced in the specified regions of Jumilla ,
Priorato , Rioja and Valdepenas falling within CN codes ex
2204 21 21 ; ex 2204 21 2T ex 2204 21 31 ; ex 2204 21 33 and
ex 2204 21 49 , within the limits of a Community tariff quota
of 22 008 hi in containers holding two litres or less shall
be progressively abolished ; whereas these duties are reduced
to 62^5% of the basic duties on 1 January 1988 and to 50% of
the basic duties on 1 January 1989 ; whereas by way of
derogation from Article 30 of the Act of Accession ,
Regulation ( EEC ) No 443 /86 ( 1 ) provides that the basic
duties are those which actually have been applied on 1
January 1986 ; whereas therefore , to establish the duties
applicable on the imports of these wines a Community tariff
quota of 22 008 hi should be opened for the period from 1
July 1988 to 30 June 1989 for the above mentioned wines
at duties as shown in the list in Article 1 ;
Whereas Council Regulation ( EEC ) No 3792 / 85 of 20 December
1985 laying down the arrangements applying to trade in
agricultural products between Spain and Portugal ( 2 )
provides for particular rules for the import into Portugal
of the products in question from in Spain ; whereas ,
consequently , the Community tariff quota is only applicable
in the Community as constituted on 31 December 1985 ;
( 1 ) OJ No L 50 , 28 . 2.1986 , p. 9
( 2 ) OJ No L 367 , 31.12.1985 , p. 7
 ---pagebreak---                                                               /И
                                  - 2 -
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access to -
the abovementioned quota and uninterrupted application
of the rates laid down for that quota to all imports of the
products concerned into all Member States until the quota
has been used up ; whereas , having regard to the above
principles , the Community nature of the quota can be
respected by allocating the Community tariff quota among
the Member States ; whereas , in order to reflect as
accurately as possible the actual development of the market
in the products concerned , such allocation should be in
proportion to the requirements of the Member States,
calculated by reference to the statistics of imports of the
said products from Spain over a representative reference
period and also to the economic outlook for the quota
period concerned ;
 Whereas available Community statistics give no
 information on the situation of wines from Jumilla ,
 Priorato , Rioja and Valdepenas wines on the markets;
 whereas, however, Spanish statistics for exports of these
 products to the Community during the past three years for
 which they are available, can be considered to reflect
 approximately the situation of Community imports;
 whereas , on this basis , the correponding imports
 into the Member States are broken down as
shown in the following table :
                                           ( in hectolitres )
           Member Siares             1984     I98Ç   1986
Benelux                           40.560 35.360     4.594
 Denmark                          39.730 39.184     5.818
Germany                           21.512 20.640 37.843,3
Greece                                250         -
                                                       10
France                             8.900 11.500 239 04
Ireland                            1.120     1.500  4.392
Italy                                 23u      180    531
United Kingdom                    33.730 37.750 55.000
 ---pagebreak---                                                         - 3 -
Whereas , in view of these factors and of the estimates               Whereas , if at a given date in the quota period, a
submitted by certain Member States , initial quota shares             considerable quantity is left over in any Member State, it is
may be fixed approximately at the following percentages :             essential that that Member State should return a significant
                                                                      proportion to the reserve to prevent a part of the
       Benelux                                  19,00                 Community quota from remaining unused in one Member
       Denmark                                                        State when it could be used in others ;
                                                19,99
       Germany                                  18,87
       Greece                                     0,06
       France                                   10,36
       Ireland                                    1,66
       Italy                                      0,22
       United Kingdom                           29,84
                                                                     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
Whereas , in order to take into account import trends for            Economic Union , any operation relating to the
the products concerned in the various Member States , the            administration of the quota shares allocated to the
quota volume should be divided into two instalments , the            abovementioned economic union may be carried out by
first being shared among the Member States , and the                 any one of its members ,
second forming a reserve intended to cover at a later date
the requirements of the Member States which have used up
their initial quota shares ; whereas , in order to give
importers in each Member State a certain degree of                   HAS ADOPTED THIS REGULATION :
security , the first instalment of the Community quota
should , under the circumstances , be fixed at 67 % of the
quota volume ;
                                                                                                   Article 1
Wheres the Member States’ initial shares may be used up at           1 . From 1 July 1988 to 30 June 1989 the
different times ; whereas , in order to take this fact into
                                                                      Customs            duties in respect of quality wines
account and avoid any break in continuity , any Member
State which has almost used up its initial share , must draw          produced in the specified regions of
an additional share from the reserve ; whereas this must be           Junilla, Priorato, Rioja and Valdepenas
done by each Member State as and when each of its
additional shares is almost entirely used up , and repeated
as many times as the reserve allows ; whereas the initial and
additional shares must be valid until the end of the quota
period ; whereas this method of administration requires
close cooperation between the Member States and the                                           shall , in the Community as constituted
Commission , and the Commission must be in a position to              on 31 December 1985 , be partially suspended at the levels
monitor the extent to which the quota volume has been                 shown below within the limits of a Community tariff quota
used up and inform the Member States thereof;                         of 22 008 hectolitres       :
                                                                                                                   Rate ( ECU / hl )
                                  Combined                                                                             period
                    Order
                      No    ;    nomenclature                     Description
                                    code                                                                   1 July to           1 January to
                                                                                                       31 December 198 c        June 1989
                                              '
                   09.0312     ex 2204.21 '21   Wines from Jumiila , Priorat , Rioja and
                               ex 2204.21-23    Valdepeñas                                                   0/ 3                    Y
                                              '
                               ex 2204.21-31    Wines from Jumiila , Priorat , Rtoja and
                               ex 2204,21-33    Valdepeñas                                                   V                       Ψ
                              ex 2204 21 4'     Wines from Jumiila , Priorat , Rioja and                     9                       7,2
                                                Valdepeñas
                                                                                                                                      /
 ---pagebreak---                                                                 - 4 -
                                                                                                                                       40
                                                                       This process shall continue until the reserve is used up .
                                                                       4 . By way of derogation from paragraphs 1 , 2 and 3 , a
                                                                       Member State may draw shares smaller than those fixed in
                                                                       those paragraphs if there is reason to believe that they
                                                                       might not be used up . It shall inform the Commission of its
                                                                       reasons for applying this paragraph .
                                                                                                   Article 4
                              Article 2
 1 . The tariff quota referred to in Article 1 shall be divided        The additional shares drawn pursuant to Article 3 shall be
into two instalments .                                                 valid until 30 June 198 9
2. The first instalment, amounting to 14 740 hectolitres,                                          Article 5
shall be shared among the Member States; the respective
shares , which subject to Article 5 shall be valid until               Member States shall return to the reserve, not later than
30 June 198 ^, shall be as follows :                                   1 April 198 9 the unused position of their initial share
                                               (in hectolitres)        which , on 15 March 198 9, is in excess of 20 % of the initial
        Benelux                                     2.800              volume . They may return a larger quantity if there are
        Denmark                                     2.945              grounds for believing that this quantity may not be used .
        Germany                                     2.780
        Greece                                          10
        France                                      1.530              Each Member State shall , not later than 1 April 1989,
        Ireland                                        245             notify the Commission of the total quantities of the
        Italy                                           30             products concerned imported up to and including
        United Kingdom                              4.400              15 March 198 , and charged against the Community
                                                                       quota and of any quantity of the initial shares returned to
                                                                       the reserve .
3 . The second instalment           of 7 268 hectolitres shall
constitute the reserve .
                                                                                                  Article 6
                              Article 3                                The Commission shall keep an account of the shares
                                                                      opened by the Member States pursuant to Articles 2 and 3
 1 . If 90 % or more of a Member State’s initial share as              and shall , as soon as it has been notified , inform each State
specified in Article 2 ( 2 ), or of that share minus the portion      of the extent to which the reserve has been used up.
returned to the reserve where Article 5 is applied , has been
used up , that Member State shall without delay , by
notifying the Commission , draw a second share equal to               It shall , not later than 5 April 1989 , inform the Member
10 % of its initial share , rounded up where necessary to the         States of the amount in the reserve after quantities have
next unit, to the extent permitted by the amount of the               been returned thereto pursuant to Article 5 .
reserve .
                                                                      The Commission shall ensure that the drawing which uses
2 . If, after its initial share has been used up 90 % or more         up the reserve is limited to the balance available and, to
of the second share drawn by a Member State has been                  this end , shall specify the amount thereof to the Member
used up , that Member State shall, in accordance with the             State which makes the last drawing.
conditions laid down in paragraph 1 , draw a third share
equal to 5 % of its initial share, rounded up where
necessary to the next unit, to the extent permitted by the
amount of the reserve .                                                                           Article 7
                                                                      1 . The Member States shall take all measures necessary to
3 . If, after its second share has been used up , 90 % or             ensure that additional shares drawn pursuant to Article 3
more of the third share drawn by a Member State has been              are opened in such a way that imports may be charged
used up , that Member State shall, in accordance with the             without interruption against their accumulated shares of
same conditions, draw a fourth share equal to the third.              the Community quota .
 ---pagebreak---                                                           - 5 -
2 . The Member States shall ensure that importers of the
said products have free access to the shares allocated to
them .
3 . The extent to which a Member State has used up its
share shall be determined on the basis of the imports of the
goods in question entered with customs authorities for free
circulation .
                          Article 8
                                                                                        Article 9
At the request of the Commission , Member States shall
inform it of imports actually charged against their shares .    This Regulation shall enter into force on 1 July 198 8
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at
                                                                                   For the Council
                                                                                     The President