CELEX: 31977R2669
Language: en
Date: 1977-11-28 00:00:00
Title: Council Regulation (EEC) No 2669/77 of 28 November 1977 opening, allocating and providing for the administration of Community tariff quotas for port wines falling within heading No ex 22.05 of the Common Customs Tariff and originating in Portugal (1978)

3 . 12. 77                            Official Journal of the European Communities                          No L 310/ 1
                                                               I
                                            (Acts whose publication is obligatory)
                                     COUNCIL REGULATION (EEC) No 2669/77
                                                   of 28 November 1977
               opening, allocating and providing for the administration of Community tariff
               quotas for port wines falling within heading No ex 22.05 of the Common
                                  Customs Tariff and originating in Portugal ( 1978)
 THE COUNCIL OF THE EUROPEAN                                      allocating the Community tariff quota among the
 COMMUNITIES,                                                     Member States ;
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Articles 43                Whereas, in order to reflect most accurately the actual
 and 113 thereof,
                                                                  development of the market in the products concerned,
 Having regard to the proposal from the Commission,               such allocation should be in proportion to the needs
                                                                  of the Member States, assessed by reference both to
 Having regard to the opinion of the European Parlia­             the statistics of each State's imports from Portugal
 ment ('),                                                        over a representative period and to the economic
 Whereas Article 4 of Protocol 8 to the Agreement                 outlook for the quota period concerned ;
 between the European Economic Community and the
 Portuguese Republic (2), as amended by the Interim
 Agreement between the European Economic Commu­                   Whereas available Community statistics give no infor­
 nity and the Portuguese Republic (3), provides that              mation on the situation of port wines on the markets ;
 customs duties on imports into the Community of                  whereas, however, Portuguese statistics for exports of
 certain wines originating in Portugal, shall be                  these products to the Community during the past
 reduced :                                                        three years can be considered to reflect approximately
                                                                  the situation of Community imports ; whereas on this
— by 60 % in the case of the duties applicable to                 basis the corresponding imports by each of the
     port wines falling within subheadings ex 22.05 C             Member States for the past three years represent the
     III a) 1 and ex 22.05 C IV a) 1 of the Common                following percentages of the imports into the Commu­
     Customs Tariff up to a total annual tariff quota of          nity from Portugal of the products concerned :
     35 000 hi , and
— by 50 % in the case of the duties applicable to
                                                                                                        1974   1975  1976
     port wines falling within subheadings ex 22.05 C
     III b) 1 and ex 22.05 C IV b) 1 of the Common
     Customs Tariff up to a total annual tariff quota of          Port wines :
     280 000 hi ;                                                — in       receptacles containing two
                                                                      litres or less :
whereas these wines will remain subject to the provi­                 — Benelux                        13-4   18-8  17-8
sions governing the common organization of the                        — Denmark                          41     60    6-2
 market in wine ;                                                     — Germany                          7*2  1 5-3 11-0
                                                                      — France                         27*9  29 0   36-0
Whereas it is in particular necessary to ensure for all               — Ireland                          0-6    0-4   0-2
Community importers equal and uninterrupted access                    — Italy                          29-9   161   18-3
                                                                      — United Kingdom                 16*9   14-4  10-5
to the abovementioned quotas and uninterrupted
application of the rates laid down for these quotas to           — in receptacles containing more
                                                                      than two litres :
all imports of the products concerned into all Member
States until the quotas have been used up ; whereas,                  — Benelux                        14-0   13-4  15-7
                                                                      — Denmark                          4*5    5-5   7-0
having regard to the principles mentioned above, the
                                                                      — Germany                        11*0   10-4    6-4
Community nature of the quotas can be respected by                    — France                         41*0  39-4   46-5
                                                                      — Ireland                          1*5    1-2   0-6
(') OJ No C 241 , 10 . 10 . 1977, p. 46.                              — Italy                           —
                                                                                                                      0-0
(2) OJ No L 301 , 31 . 12. 1 972, p. 1 65.                            — United Kingdom                 28 0  301    23-8
(J) OJ No L 266, 29 . 9 . 1976, p. 2.
 ---pagebreak--- No L 310/2                            Official Journal of the European Communities                                           3 . 12. 77
Whereas, in view of these data and the estimates                Luxembourg are united in and represented by the
submitted by certain Member States, initial quota               Benelux Economic Union, all transactions concerning
shares may be fixed approximately at the following              the     administration       of    shares       allocated      to      that
percentages :                                                   economic union may be carried out by any one of its
                                                                members,
                                                                 HAS ADOPTED THIS REGULATION :
                                Port wines in receptacles
                                        containing :
                                                                                             Article 1
                             two litres              more than
                              or less                two litres
                                                                 1 . From 1 January to 31 December 1978, Commu­
                                                                 nity tariff quotas shall be opened for products origi­
Benelux                        16-6                    14-6      nating in Portugal, within the limits listed below :
Denmark                         5-7                     6-6
Germany                        14-9                     8-7
France                         29-7                    42-5             CCT heading No             Description          Quota amount
Ireland                         0-8                     0-2
Italy                          18-6                     01
United Kingdom                 13-7                    27-3
                                                                 ex 22.05 C III a) 1
                                                                 ex 22.05 C IV a) 1           j Port wines                35 000 hi
Whereas, in order to take into account import trends
                                                                 ex 22.05 C III b) 1
                                                                 ex 22.05 C IV b) 1           j Port wines               280 000 hi
for the products concerned in the different Member
States, each of the quota amounts should be divided
                                                                 2.     The Common Customs Tariff duties on wines
into two instalments, the first instalment being allo­
cated among the Member States and the second                     imported within these tariff quotas shall be suspended
                                                                 at the rates listed below :
forming a reserve intended ultimately to cover the
requirements of the Member States which have used
up their initial quota shares ; whereas, in order to                          CCT heading No                         Rate of duty
ensure a certain degree of security for importers in
each Member State, the first instalment of the
                                                                 ex   22.05 C III a) 1                              5-4 u.a./ hl
Community quotas should be determined at a level
which, under present circumstances, may be 90 % of               ex   22.05 C IV a) 1                               5-8 u.a./ hl
each of the quota amounts ;                                      ex   22.05 C III b) 1                              5-5 u.a./hl
                                                                 ex   22.05 C IV b) 1                               6 0 u.a./hl
Whereas the initial quota shares of the Member States
may be used up at different times ; whereas, in order
to take this fact into account and avoid any break in
                                                                                              Article 2
continuity, any Member State having used up almost
the whole of any one of its initial quota shares should           1.    The tariff quotas laid down in Article 1 shall be
draw an additional quota share from the corres­                  divided into two instalments .
 ponding reserve ; whereas this must be done by each
Member State when each of its additional quota shares            2. A first instalment of each quota shall be shared
 is almost entirely used up, and repeated as many times          among the Member States ; the shares which, subject
 as the reserve allows ; whereas the initial and addi­           to Article 5, shall be valid until 31 December 1978
 tional quota shares must be available for use until the         shall consist of the following amounts :
 end of the quota period ; whereas this method of                                                                                (hiito/i/ ns)
 administration calls for close cooperation between
 Member States and the Commission , which must, in                                                   Port wines under subheadings :
 particular, be able to observe the extent to which the                                         ex 22.05 C III a) I    ex 22.05 C III b) 1
 quota amounts are used and inform Member States                                                       and                    and
 thereof ;                                                                                      ex 22.05 C IV a) 1     ex 22.05 C IV b) I
 Whereas if, at a specified date in the quota period, a           Benelux                             5 250                  36 790
 considerable balance of one of the initial quota shares          Denmark                             1 800                  16 630
 remains in one or other Member State it is essential            Germany                              4 690                  22 000
 that that Member State pays a large amount of it back            France                              9 350                107 100
 into the reserve, in order to avoid a part of one or             Ireland                               250                      500
 other of the Community quotas remaining unused in                Italy                               5 870                      100
 6ne Member State when it could be used in others ;               United Kingdom                      4 290                  68 880
 Whereas since the Kingdom of Belgium, the                                             Total         31 500                252 000
 Kingdom of the Netherlands and the Grand Duchy of
 ---pagebreak--- > 3. 12. 77                             Official Journal of the European Communities                         No L 310/ 3
t 3 , The second instalment of each quota, 3 500 and              the products concerned effected up to 15 September
  28 000 hectolitres respectively, shall constitute the            1978 inclusive and charged against the Community
  reserve .                                                       quotas and, where appropriate, the proportion of their
                                                                  initial shares that is being returned to each reserve.
                            Article 3
                                                                                          Article 6
  1.     If 90 % or more of one of the initial shares of a
  Member State, as laid down in Article 2 (2) or 90 % or          The Commission shall keep account of the shares
  more of that share less the amount returned into the            opened by Member States in accordance with Articles
                                                                  2 and 3 and shall inform each of them of the extent
  reserve, where the provisions of Article 5 have been            to which the reserves have been used as soon as it
  applied, has been exhausted, that Member State shall            receives the notifications.
  proceed without delay, by notifying the Commission,
  to draw a second share equal to 1 5 % of its initial
  share, rounded up to the next unit where appropriate,           The Commission shall, not later than 5 October 1978,
  to the extent that the amount in the reserve allows.             notify Member States of the amount in each reserve
                                                                  after the return of shares pursuant to Article 5.
  2.     If, after one or other of its initial shares has been
  exhausted, 90 % or more of the second share drawn               The Commission shall ensure that any drawing which
  by a Member State has been used, that Member State              uses up any reserve is limited to the balance available
  shall proceed in the manner specified in paragraph 1            and for this purpose, shall specify the amount thereof
  to draw a third share equal to 7-5 % of its initial             to the Member State which makes the final drawing.
  share, rounded up to the next unit where appropriate,
  to the extent that the amount in the reserve allows .
                                                                                          Article 7
  3.     If, after one of its second shares has been
  exhausted, 90 % or more of the third share drawn by              1.    The Member States shall take all appropriate
  a Member State has been used, that Member State                  measures to ensure that, when additional shares are
  shall proceed in the manner specified in paragraph 1 ,          drawn pursuant to Article 3, it is possible for charges
  to draw a fourth share equal to the third.                      to be made, without interruption, against their accu­
                                                                   mulated shares of the Community tariff quotas.
  This process shall be applied until the reserve is
  exhausted.                                                       2. The Member States shall ensure that importers
                                                                  of the said goods established in their territory have
                                                                   free access to tne shares allocated to them .
  4. Notwithstanding paragraphs 1 , 2 and 3, the
  Member States may proceed to draw shares smaller
  than those fixed in those paragraphs if there is any             3.     The extent to which a Member State has used up
                                                                   its shares shall be determined on the basis of the
  reason to believe that those shares might not be used
  up. They shall inform the Commission of the reasons              imports originating in Portugal as and when the goods
                                                                  are entered with customs authorities for home use.
  which led them to apply this paragraph.
                                                                                          Article 8
                            Article 4
                                                                   At the Commission's request Member States shall
  Each of the additional shares drawn pursuant to                  inform it of imports of the products concerned actu­
  Article 3 shall be valid until 31 December 1978 .
                                                                   ally charged against their shares.
                            Article 5                                                     Article 9
  The Member States shall return to the reserve, not              The Member States and the Commission shall coop­
  later than 1 October 1978, the unused portion of their          erate closely in order to ensure that the provisions of
  initial share which, on 15 September 1978, is in                 this Regulation are observed .
  excess of 20 % of the initial amount. They may return
  a larger quantity if there are reasons to believe that
  such quantity might not be used.                                                        Article 10
  The Member States shall , not later than 1 October              This Regulation shall enter into force on 1 January
  1978 , notify the Commission of the total imports of             1978 .
 ---pagebreak--- No L 310/4                    Official Journal of the European Communities                        3 . 12. 77
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 28 November 1977.
                                                                    For the Council
                                                                      The President
                                                                        L. OUTERS