CELEX: 31985R3390
Language: en
Date: 1985-11-18 00:00:00
Title: Council Regulation (EEC) No 3390/85 of 18 November 1985 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 and originating in Cyprus (1986)

No L 327 / 18                                 Official Journal of the European Communities                                    6 . 12 . 85
                                              COUNCIL REGULATION ( EEC) No 3390 / 85
                                                           of 18 November 1985
               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 and originating in
                                                               Cyprus ( 1986 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                Whereas , in the absence of a Protocol such as that provided
                                                                         for in Articles 179 and 366 of the Act of Accession of Spain
                                                                         and Portugal , the Community must take the measures
Having regard to the Treaty establishing the European                    referred to in Articles 180 and 367 of the said Act ; whereas
Economic Community , and in particular Article 113                       the tariff measure in question therefore applies to the
thereof,                                                                 Community of Ten ;
Having regard to the proposal from the Commission ,
                                                                         Whereas it is in particular necessary to ensure for all
Whereas the Supplementary Protocol to the Agreement                      Community importers equal and uninterrupted access to
establishing an Association between the European                         the abovementioned quota and uninterrupted application
Economic Community and Cyprus ( ! ) came to an end on                    of the rates laid down for that quota to all imports of the
31 December 1980 ; whereas to avoid interruption of its                  products concerned into all Member States until the quota
trade relations with that country , the Community has made               has been used up ; whereas , having regard to the above
applicable for 1984 the provisions of the abovementioned                 principles , the Community nature of the quota can be
Protocol in Council Regulation ( EEC ) No 3700 / 83 of                   respected by allocating the Community tariff quota among
22 December 1983 laying down the arrangements                            the Member States ; whereas , in order to reflect as
applicable to trade with Cyprus ( 2 );                                   accurately as possible the true trend of the market in the
                                                                         products in question , such allocation should be in
                                                                         proportion to the requirements of the Member States ,
Whereas , pending the definition of arrangements applicable              calculated by reference to the statistics for imports of the
beyond 31 December 1984 , it is necessary to extend                      products in question from Cyprus over a representative
provisionally for 1986 the arrangements which the                        reference period and also to the economic outlook for the
Community applies currently to trade with Cyprus on the                   quota period concerned ;
basis of the abovementioned Supplementary Protocol ;
Whereas the abovementioned Supplementary Protocol
provides for the opening of an annual Community tariff                   Whereas , however , neither Community nor national
quota of 250 000 hectolitres of liqueur wines , falling                   statistics showing the breakdown for the products in
within subheading ex 22.05 C of the Common Customs                        question are available and no reliable estimates of future
Tariff and originating in Cyprus , at rates of customs duty               imports can be made ; whereas , in these circumstances , the
equal to 30 % of the Common Customs Tariff; whereas                       quota should be allocated in initial shares on the basis of
this Community tariff quota should be opened for the                      the likely demand for these products on the markets of the
period 1 January to 31 December 1986 ;                                    various Member States ;
Whereas entry under the above Community tariff quota
 must be conditional on the wines being described as
 'liqueur wines' in the V.1.1 document provided for in                    Whereas , in order to take into account import trends for
 Regulation ( EEC ) No 2115 / 76 ( 3 );                                   the products concerned in the various Member States , the
                                                                          quota volume should be divided into two instalments , the
                                                                          first being shared among the Member States and the second
Whereas the wines in question are subject to compliance                   constituting a reserve to cover at a later date the
 with the free-at-frontier reference price ; whereas , in order           requirements of Member States which have used up their
 that such wines may benefit from this tariff quota ,                     initial quota shares ; whereas , in order to give importers in
Article 18 of Regulation ( EEC ) No 337 / 79 ( 4 ), as last               each Member State a certain degree of security , the first
 amended by Regulation (EEC ) No 2342 / 84 ( s ), must be                 instalment of the Community quota should , under present
 complied with ;                                                          circumstances , be fixed at 85 % of quota volume;
 (')  OJ No L 172 , 28 .   6 . 1978 , p. 2 .
 (2)  OJ No L 369 , 30 .   12 . 1983 , p. 1 .
                                                                          Whereas the Member States' initial shares may be used up
 ( 3) OJ No L 237 , 28 .   8 . 1976 , p. 1 .                              at different times ; whereas , in order to take this fact into
 (4)  OJ No L 54 , 5 . 3 . 1979 , p. 1 .                                  account and avoid any break in continuity , any Member
 ( 5) OJ No L 217 , 14 .   8 . 1984 , p. 6 .                              State which has almost used up its initial share should
 ---pagebreak---  6 . 12 . 85                                  Official Journal of the European Communities                                 No L 327 / 19
 draw an additional share from the reserve; whereas this                      Whereas, since the Kingdom of Belgium, the Kingdom of
 must be done by each Member State as and when each of                        the Netherlands and the Grand Duchy of Luxembourg are
 its additional shares is almost used up , and repeated as                   united within and jointly represented by the Benelux
 many times as the reserve allows ; whereas the initial and                  Economic Union , any operation relating to the
 additional shares must be valid until the end of the quota                  administration of the quota shares allocated to that
 period; whereas this method of administration requires                      economic union may be carried out by any of its
 close cooperation between the Member States and the                         members ,
 Commission, and the latter must be in a position to
 monitor the extent to which the quota volume has been                       HAS ADOPTED THIS REGULATION :
 used up and to inform the Member State thereof;
                                                                                                      Article 1
Whereas , it at a given date in the quota period a substantial               1 . From 1 January to 31 December 1986 , Common
quantity remains unused in any Member State , it is                          Customs Tariff duties , on import into the Community of
essential that that Member State should return a significant                 Ten , in respect of the following products originating in
proportion to the reserve , to prevent a part of any                         Cyprus shall be suspended at the levels shown below within
Community quota from remaining unused in one Member                          the limits of a Community tariff quota of 250 000
State when it could be used in others ;                                      hectolitres :
                    CCT
                                                                                                                Rate of
                  heading                                        Description
                     No
                                                                                                                 duty
                   22.05      Wine of fresh grapes ; grape must with fermentation arrested by the
                              addition of alcohol :
                              C. Other :
                                   II . Of an actual alcoholic strength by volume exceeding 13 % vol but
                                        not exceeding 15 % vol , in containers holding :
                                        ex a ) Two litres or less :
                                               — Liqueur wines of an actual alcoholic strength by volume
                                                   of 15 % vol                                              5.0 ECU per hi
                                        ex b ) More than two litres :
                                               — Liqueur wines of an actual alcoholic strength by volume
                                                   of 15 % vol                                              3,9 ECU per hi
                                  III . Of an actual alcoholic strength by volume exceeding 15 % vol but
                                        not exceeding 18 % vol , in containers h61ding :
                                        a ) Two litres or less :
                                            ex 2 . Other :
                                                   — Liqueur wines                                          6.1 ECU per hi
                                        b ) More than two litres :
                                            ex 3 . Other :
                                                   — Liqueur wines                                          5,0 ECU per hi
                                  IV . Of an actual alcoholic strength by volume exceeding 18 % vol but
                                        not exceeding 22 % vol , in containers holding :
                                        a ) Two litres or less :
                                            ex 2 . Other :
                                                   — Liqueur wines                                          6,9 ECU per hi
                                        b ) More than two litres :
                                            ex 3 . Other :
                                                   — Liqueur wines                                          6,9 ECU per hi
2 . The admission of these wines under the tariff quota                                               Article 2
shall be conditional on their being described in the V.l.l
document provided for in Regulation ( EEC ) No 2115 / 76                     1 . The Community tariff quota referred to in Article 1
as 'liqueur wines'.                                                          shall be divided into two instalments .
3 . The wines in question shall be subject to compliance                     2 . A first instalment, amounting to 212 060 hectolitres ,
with the free-at-frontier reference price . In order that such               shall be allocated among the Member States ; the shares
wines shall benefit from this tariff quota Article 18 of                     which , subject to Article 5 , shall be valid until
Regulation ( EEC ) No 337 / 79 must be complied with .                       31 December 1986 shall be as follows :
 ---pagebreak---  No L 327 / 20                               Official Journal of the European Communities                                   6 . 12 . 85
                                                   (hectolitres)         are groupds for believing that this quantity may not be
        Benelux                                       2 000              used .
        Denmark                                       2 000
        Germany                                       4 000              Each Member State shall , not later than 1 October 1986 ,
        Greece                                           20             notify the Commission of the total quantities of the
        France                                           20             products in question imported up to 15 September 1986
        Ireland                                       2 000             and charged against the Community quota and of any
        Italy                                            20             quantities of the initial shares returned to the reserve .
        United Kingdom                            202 000
 3 . The second        instalment ,   amounting to          37 940                                 Article 6
hectolitres , shall constitute the reserve .
                                                                        The Commission shall keep an account of the shares
                                                                        opened by Member States in accordance with Articles 2
                                                                        and 3 and shall , as soon as it is notified , inform each
                            Article 3                                   Member State of the extent to which the reserve has been
                                                                        used up .
1.   If 90% or more of a Member State's initial share as
specified in Article 2 ( 2 ), or 90% of that share minus the            It shall inform the Member States , not later than 5 October
portion returned to the reserve where Article 5 is applied ,            1986 , of the amount in the reserve after quantities have
has been used up , then to the extent permitted by the                  been returned pursuant to Article 5 .
amount of the reserve that Member State shall forthwith ,
by notifying the Commission , draw a second share equal to              The Commission shall ensure that any drawing which
                                                                        exhausts the reserve does not exceed the balance available
15 % of its initial share , rounded up where necessary to the
next unit .                                                             and , to this end , shall indicate the amount thereof to the
                                                                        Member State which makes such last drawing.
2 . If, after one of its initial shares has been used up , 90%
or more of the second share drawn by a Member State has
been used up , then , to the extent permitted by the amount                                        Article 7
of the reserve , that Member State shall , in accordance with
the conditions laid down in paragraph 1 , draw a third                  1 . The Member States shall take all measures necessary to
share equal to 7,5 % of its unitial share , rounded up where            ensure that additional shares drawn pursuant to Article 3 .
necessary to the next unit .                                            are opened in such a way that imports may be charged
                                                                        without interruption against their accumulated shares of
3 . If, after its second share has been used up , 90% or                the Community quota .
more of the third share drawn by a Member State has J^een
used up , that Member State shall , in accordance with the              2 . The Member States shall ensure that importers of the
conditions laid down in paragraph 1 , draw a fourth share               products in question have free access to the shares allocated
                                                                        to them .
equal to the third .
                                                                        3 . The extent to which a Member State has used up its
This process shall continue until the reserve is used up .
                                                                        share shall be determined on the basis of imports of the
                                                                        products in question entered with the customs authorities
4 . By way of derogation from paragraphs 1 , 2 and 3 , a                for free circulation .
Member State may draw shares smaller than those fixed in
those paragraphs if there are grounds for believing that
they might not be used up . It shall inform the Commission
                                                                                                    Article 8
of its reasons for applying this paragraph .
                                                                        At the request of the Commission , the Member States shall
                                                                        inform it of imports of the products concerned actually
                            Article 4
                                                                        charged against their shares .
The additional shares drawn pursuant to Article 3 shall be
valid until 31 December 1986 .                                                                     Article 9
                                                                        The Member States and the Commission shall cooperate
                                                                        closely in order to ensure that this Regulation is complied
                                                                        with .
                            Article 5
Member States shall return to the reserve , not later than
1 October 1986 , the unused portion of their initial share                                         Article 10
which , on 15 September 1986 , is in excess of 20% of the
initial volume . They may return a larger quantity if there             This Regulation shall enter into force on 1 January 1986 .
 ---pagebreak--- 6 . 12 . 85                       Official Journal of the European Communities                     No L 327 / 21
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels , 18 November 1985 .
                                                                              For the Council
                                                                               The President
                                                                               M. FISCHBACH