CELEX: 31973R1680
Language: en
Date: 1973-06-18 00:00:00
Title: Regulation (EEC) No 1680/73 of the Council of 18 June 1973, opening, allocating and providing for the administration of a Community tariff quota for Madeira wines falling within subheading ex 22.05 of the Common Customs Tariff, originating in Portugal

27. 6. 73                               Official Journal of the European Communities                             No L 170/5
                                  REGULATION (EEC) No 1680/73 OF THE COUNCIL
                                                           of 18 June 1973
               opening, allocating and providing for the administration of a Community tariff quota
               for Madeira wines falling within subheading ex 22.05 of the Common Customs Tariff,
                                                       originating in Portugal
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             concerned, such allocation should be in proportion
                                                                       to the needs of the Member States, assessed by refer­
  Having regard to the Treaty establishing the Euro­                   ence both to the statistics of each State's imports
 pean Economic Community, and in particular Arti­                      from Portugal over a representative period and to
  cles 43 and 113 thereof ;                                            the economic outlook for the quota period concer­
                                                                       ned ;
 Having regard to the proposal from the Commis­
 sion ;
                                                                       Whereas available Community statistics give no
                                                                       information on the situation of Madeira wines on
 Having regard to the Opinion of the European Parli­
 ament ;
                                                                       the markets -, whereais, however, Portuguese statis­
                                                                       tics for exports of these products to the Community
                                                                       during the last few years can be considered to
 Whereas Article 4 of Protocol No 8 to the Agree­                      reflect approximately the situation of Community
 ment between the European Economic Community                          imports ; whereas on this basis the corresponding
and the Portuguese Republic (*) provides that                          imports by each of tihe Member States during the
 customs duties on imports into the Community of                      last three years represent tihe following percentages
Madeira wines originating in Portugal, falling                        of the imports into the Community from Portugal
within subheadings Nos ex 22.05 C III a) 1 , ex 22.05                 of the products concerned :
 C III a) 2 aa), ex 22.05 C IV a) 1 and ex 22.05
C IV a) 2 aa) of the Common Customs Tariff
are to be reduced by 30 °/o up to a total annual                                                           1969    1970     1971
tariff quota of 15 000 hil ; whereas, however, under
Auricle 6 of Protocol No 8 and Amide 59 of the Act
concerning the Conditions o,f Accession and the                       Germany                             18-2    21-4     22-3
Adjustments to the Treaties (2 ), the first quota                     Benelux                             12-5    12-6     14-6
period is to irun only from 1 July to 31 December                     France                              41.6    40-2     38-6
1973 , and the reduction in duties is limited to
                                                                      Italy                                 0-3     1-2      0-9
20 % ; whereas this reduction applies, in the case of
                                                                      Denmark                             17-3     15-9    13-8
the Community as originally constituted, to the
Gommon Customs Tariff duties and, in the case of                      Ireland                               0-1     —
                                                                                                                             0-1
the new Member States, to such duties as these                        United Kingdom                      10-0      8-7      9· 7
States apply at any given moment to imports from
third countries ; whereas these wines will remain
subject to the provisions governing the common
organization of the market in wine ;                                   Whereas imports from Portugal of wines
                                                                       of the categories specified at present enjoy
Whereas it is An particular necessary to ensure to all                exemption from customs duties in Denmark ;
Community importers equal and uninterrupted                           whereas     the  application   of Article    6    of   the
access to the abovemenitioned quota and uninter­                      abovementioned Protocol No        8    involves a zero
rupted application of the rates laid down for that                   duty ; whereas^, therefore, there is no reason in this
quota to all imports of the products concerned into                   case to make provision for the participation by
 alll Member States until the quota has been used                     Denmark in the allocation of the Community tariff
 up ; whereas, having regard to the principles                        quota in question ; whereas it is nevertheless necess­
 mentioned above, the Community nature of the                         ary to make provision for the possibility of
 quota can be respected by allocating the Commu­                      Denmark, in the course of the quota period,
 nity tariff quota among the Member States ;                          effecting an accelerated alignment with the
 whereas, in order to reflect most accurately the                     Common Customs Tariff under Article 59 (4) of
 actual development of the market in the products                     the Act of Accession ; whereas the possibility for
                                                                     this Member State to draw a share from the reserve
 (*) OJ No L 301 , 31 . 12 . 1972, p . 165 .
                                                                      if necessary enables this possible development to be
 ( 2) OJ No L 73 , 27. 3 . 1972 , p . 14 .                            taken .into account ;
 ---pagebreak---  No L 170/6                         Official Journal of the European Communities                                 27. 6 . 73
Whereas, in view of these data and the estimates               the ab ovementioned Economic Union                may      be
submitted by certain Member States, initial quota              carried out by any of its members ;
shares may be fixed approximately at the following
percentages :
                                                               HAS ADOPTED THIS REGULATION :
Germany                                              23-5
Benelux                                              15-3
                                                                                        Article 1
France                                               47-0
Italy                                                  1*2     1.     For the period from 1 July 1973 to 31
Ireland                                                1-2     December 1973 , a Community tariff quota of
                                                               15 000 hi shall be opened within the European
United Kingdom                                       11-8      Economic Community, for Madeira originating in
                                                               Portugal, falling within subheadings Nos ex 22.05 C
Whereas, in order to take into account import                  III a ) 1 , ex 22.05 C III a) 2 aa), ex 22.05 C IV a) 1
trend's for the products concerned in the different            and ex 22.05 C IV a) 2 aa) of the Common Customs
                                                               Tariff.
Member States, the quota amount should be divided
into two installments, the first instalment being allo­
cated among the Member States and the second                   2. The Common Customs Tariff duties appli­
forming a reserve intended ultimately to cover the             cable to wines imparted within this tariff quota
requirements of the Member States which have used               shall be suspended at the rates listed bdlow :
up their initial quota shares ; whereas, in order to
ensure a certain degree of security to importers in
each Member State, the first instalment of the                         CCT heading No                  Rate of duty
 Community quota should be determined at a level
which, under present circumstances, may be 90 °/o               ex 22.05 C III a) 1                   10-8 u.a. /hl
 of the quota amount ;
                                                                ex 22.05 C III a) 2 aa)                 8-8 u.a./hl
                                                                ex 22.05 C IV a) 1                    11-6 u.a./hl
Whereas the initial quota shares of the Member
                                                                ex 22.05 C IV a) 2 aa )                9-6 u.a./hl
States 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 having
used up almost the whole of its initial quota share             3.     The customs duties to be applied to these
should draw an additional quota share from the                  wines by Ireland and the United Kingdom shall be
 reserve ; whereas this must be done by each                    such duties as those States apply at any given
Member State when each of its additional quota                  moment to imports from third countries, less 20 % .
 shares is almost entirely used up, and repeated as
 many times as the reserve allows ; whereas the                 4. This tariff quota shall be allocated and admin­
 initial and additional quota shares must be avail­             istered as provided hereunder.
 able for use until the end of the quota period ;
 whereas this method of administration calls for
                                                                                         Article 2
 close cooperation between Member States and the
 Commission, which must, in particular, be able to
 observe the extent to which the quota amount is                1.     The tariff quota referred to in Article 1 shall
                                                                be divided into two instalments .
 used and inform Member States thereof ;
                                                                2.     A first instalment, amounting to 13 500 hecto­
  Whereas if, at a specified date in the quota period, a
 considerable balance of the initial share remains in           litres of this quota, shall be shared among the
 one or other Member State it is essential that that
                                                                Member States ; the shares which, subject to Article
                                                                5 shall be valid until 31 December 1973 , shall
 Member State pays a large amount of it back into
                                                                consist of the following amounts :
 the reserve, in order to avoid a part of the Commu­
  nity quota remaining unused in one Member State                                                            {in hectolitres)
  when it could be used in others ;
                                                                Germany                                               3 170
                                                                Benelux                                               2 070
 Whereas, since the Kingdom           of Belgium, the           France                                                6 340
  Kingdom of the Netherlands and       the Grand Duchy
  of Luxembourg are united in and     represented by the        Italy                                                    160
  Benelux     Economic      Union,     all    transactions       Ireland                                                 160
  concerning the administration of     shares granted to        United Kingdom                                        1 600
 ---pagebreak---  27. 6. 73                           Official Journal of the European Communities                             No L 170/7
3 . The second installment of the quota,                                                 Article 5
amounting to 1 500 hectolitres, shall constitute the
reserve .                                                       If, by 15 November 1973 , a Member State has not
                                                                used up its initial share, it shall, not later than 30
                                                                November 1973 , return the unused portion of this
4. If Denmark effects an accelerated alignment                  share in excess of 20 °/o of the initial amount. It
with the Common Customs Tariff as regands wines                 may return a larger quantity if there are reasons to
 of the categories specified in Article 1 , it may, if          consider that such quantity might not be used.
necessary, draw an appropriate share from the
reserve, to the extent chat the amounts stiilil available       The Member States shall, not later than 30
in this reserve so allow. Denmark . shall take the              November 1973 , notify the Commission of the total
necessary steps to inform importers of this possi­              imports of the products concerned effected up to 15
bility.                                                         November 1973 inclusive and charged against the
                                                                Community quota and, where appropriate, the
                                                                proportion of their initial share that is being
                           Article 3                            returned to the reserve.
1.      If 90 °/o or more of die initial share of a                                      Article 6
Member State, as laid down in Article 2 (2 ), or
90 °/o     or  more   of that share less the      amount
                                                                The Commission shall keep account of the shares
returned into the reserve, where the provisions of              opened by Member States in accordance with Articles
Article 5 have been applied, has been exhausted,                2 and 3 and shall inform each of them of the extent
that Member State shall proceed without delay, by               to which the reserve has been used as soon as it re­
notifying the Commission, to draw a second share                ceives the notifications .
equal to 15 °/o of its initial share, rounded up to the
next unit where appropriate, to the extent that the             The Commission shall, not later than 5 December
amount in the reserve allows .
                                                                1973 , notify Member States of the amount in the
                                                                reserve after the return of shares pursuant to Article
                                                                5.
2.      If, after its initial share has been exhausted,
90 °/o olf the second sihare drawn by a Member State
                                                                The Commission shall ensure that any drawing which
has been used, that Member State ' shall proceed, in
tihe manner specified in paragraph 1 , to draw a                uses up the reserve is limited to the balance available
third share equal to 7-5 °/o of its initial share               and, for this purpose, shall specify the amount thereof
                                                                to the Member State which makes the final drawing.
rounded up to the next unit where appropriate, to
the extent that the amount in the reserve allows .
                                                                                         Article 7
3.      If, after its second share has been exhausted,
90 °/o or more of the third share drawn by a                    1.    The Member States shall take all appropriate
 Member State has been used, that Member State                  measures to ensure that, when additional shares are
shall proceed, in the manner specified in paragraph             drawn pursuant to Article 3 , it is possible for char­
 1 , to draw a fourth share equal to the third .                ges to be made, without interruption , against their
                                                                accumulated shares of the Community tariff quota.
This process shall be applied until the reserve is
exhausted .                                                     2.    The Member States shall guarantee to importers
                                                                of the products concerned established in their terri­
                                                                tory free access to the shares allocated to them .
4.      Notwithstanding paragraphs 1 , 2 and 3 , the
Member States may proceed to draw shares smaller                3.    The extent to which the Member States ' shares
than those fixed in those paragraphs, if there is               have been used up shall be recorded on the basis of
reason to believe that those shares might not be                the imports originating in Portugal and presented for
used up. They shall inform the Commission of the                customs clearance under cover of declarations that
reasons which led them to apply this paragraph .                they have been made available for consumption .
                                                                                         Article 8
                           Article 4
                                                                Member States shall inform the Commission at regu­
The additional shares drawn pursuant to Article 3               lar intervals of imports of the products concerned
shall be valid until 31 December 1973 .                         actually charged against their shares .
 ---pagebreak--- No L 170/ 8                       Official Journal of the European Communities                            27. 6 . 73
                       Article 9                                                   Article 10
The Member States and the Commission shall co­
operate closely in order to ensure that the provisions       This Regulation shall enter into force on 1 July 1973 .
of this Regulation are observed .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Luxembourg, 18 June 1973 .
                                                                       For the Council
                                                                        The President
                                                                          A. LAVENS