CELEX: 51973PC1689
Language: en
Date: 1973-10-10
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of Community tariff quotas for port wines falling within subheading ex 22.05 of the Common Customs Tariff, originating in Portugal#PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL 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#PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for Setubal muscatel wines, falling within subheading ex 22.05 of the Common Customs Tariff, originating in Portugal (submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1689
Vol. 1973/0288
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
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Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(73)1689    final
                                                         Brussels . 10 October 1973
                                PROPOSAL FOR A
                      REGULATION (EEC ) OP THE COUNCIL :
      opening , allocating and providing for the administration of
          Community tariff quotas for port wines falling within
            subheading ex 22.05 of the    Common Customs Tariff ,
                           originating in Portugal
                                PROPOSAL FOR A
                      REGULATION (EEC ) OF THE COUNCIL .
      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
                                PROPOSAL FOR A
                      REGULATION (EEC ) OF THE COUNCIL
      opening , allocating and providing for the administration of
      a Community tariff quota for Setubal muscatel wines , falling
         within subheading ex 22.05 of the Common Customs Tariff ,
                           originating in Portugal
                ( submitted by the Commission to the Council)
C0M(73 ) 1689 final
 ---pagebreak---                               EXPLANATORY MEMORANDUM
Article k of Protocol No 8 to the Agreement between the European
Economic Community and the Portuguese Republic provides for the
opening of Community tariff quotas for the wines listed below :
Common Customs                  '                           Annual    Rate of
Tariff heading                    Description of goods      Total     reduction
No                                                          Volume
ex  22.05 C III a ) 1             ( Port -                  20 000 hl   60 %
ex  22.05 C   IV  a)   1          ( in containers holding
                                  ( two litres . or less
ex  22.05 C III   a)   2 aa )     ( Port -                 285 000 hl   50 %
ex  22.05 C IV    a)   2 aa )     ( in containers holding
                                  ( two litres or more
ex  22.05 C III a ) 1             ( Madeira                 15 000 hl   30 %
ex  22.05 C III a ) 2 aa )        (
ex  22.05 C IV a ) 1
ex  22.05 C IV a ) 2 aa )
ex  22.05  C III  a)   1          ( Setubal muscatel         3 000 hl   30 %
ex  22.05  C III  a)   2 aa )     (
                                                          >
ex  22.05  C  IV  a)   1
ex  22.05  C  IV  a)   2 aa )
These wines will of course remain subject to provisions relating to
the common organization of the market in wine .
Although Protocol No 8 provides for reduction of the rates for port
wines by 60 % and 50           the rate to be applied in 197^ will still be
*f0 % . In fact , under Article 6 of Protocol No 8 , the duties on the
quotas are not to be lower than those applied by the Member States
among themselves . Pursuant to Article 59 ( l)(c ) of the Act of Accession ,
the total reduction of duties in intra-Community trade to be applied
with effect from 1st January 197^ will amount to only kO % of the
basic duties *       .
 ---pagebreak---                                       - 2 -
  3 . As regards the volume of quotas , the Protocol in question stipulates
       that total annual volumes are involved . It does not , however , include
       a "prorata temporis " clause , which would reduce these volumes
       proportionately should quotas be opened after . 1 January . Thus the
       quota can'be opened for the total annual volume for the initial
                                                             I
       period running from 1 July to 31 December 1973 *
       The Regulations provide , in the normal way , that each of the volumes
       shall be divided into tranches , the first of which is to be allocated
       among the Member States and the second held as a reserve .
       The allocation of the first tranche is usually based on statistics
       for the three preceding years and on forecasts for the period in
       question . In the absence of specific Community statistics for these
       wines the initial quotas heve been calculated on the basis of the
       most recent statistics for Portuguese exports from 1970 to 1972 . The
                                                               I
       Portuguese statistics can in fact be . considered to give a rough
       pictur.e of Community imports of the wines in question .
  if . CONCLUSION
       In order to fulfil the obligations of the Community towards Portugal ,
       Regulations should be adopted to open , allocate and provide for the
       administration of these Community tariff quotas .
       This is the subject of the proposals annexed hereto ;
1
 ---pagebreak---                                . Proposal          for a                          '
               REGULATION (EEC). OP THE COUNCIL
opening, allocating and providing for the administration of Community tariff quotas
for port wines falling within subheading ex 22.05 of the Common Customs Tariff,
          ■    ^                  originating in Portugal          r
                THE COUNCIL OF THE EUROPEAN COMMUNITIES, '
               Having regard to the Treaty establishing the Euro­
               pean Economic Community, and in particular Arti­
               cles 43 and 113 threof ;
               Having regard to the proposal from the Commis-
          •    sion ;
               Having regard to the Opinion of the European Par-
               liamcnt ;
               Whereas Article 4 of Protocol No 8 to the Agree­
               ment between the European Economic Community
               and the Portuguese Republic (') provides that
               customs duties on imports into the Community of
               certain wines originating in Portugal, shall be re­
               duced :
              – by 60% in the case of the duties applicable to
                   port wines falling within subheadings Nos ex
                   22.05 C 111 a) 1 and ex 22.05 C IV a) 1 of the
                   Common Customs Tariff, up to a total annual
                   tariff quota of 20 000 hi ; and
              – by 50 °/o in the case of the duties applicable to
                   port wines falling within subheadings Nos ex
                   22.05 C 111 a) 2 aa) and cx 22.05 C IV a) 2 aa)
                   of the Common Customs Tariff up to a total
                   annual tariff quota of 285 000 hi :
                                  I
              Whereas, however, under Article 6 of Protocol No 8
              and Article 59 of the Act concerning the Conditions
              of Accession and the Adjustments to the Trea­
              ties ^), the rate of reduction to be
               applied to the duties for Port wines ■
               is limited to Ml) % only ; whereas this reduction
              applies, in the case' of the Community as originally
              constituted, to the Common Customs Tariff duties
              and, in the case of the new Member States, to such
              duties as these 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 ;
               (') OJ No L 301 , 31 . 12. 1972, p. 165.
               (*) OJ No L 73, 27.3. 1972, p. 14.
 ---pagebreak---                             -  2 -
Whereas it is in particular necessary to ensure to all
Community importers equal and uninterrupted
access to the abovementioned quotas and uninter­
rupted application of the rates laid down for these
quotas to all imports of the products concerned into
all Member States until the quotas have been used
up ; whereas, having regard to the principles
mentioned above, the Community nature of the
quotas can be respected by allocating the Commu­
nity tariff quota among the Member States ;
whereas, in order to reflect most accurately the
actual development of the market in the products
concerned, such allocation should be in proportion
to the needs of the Member States, assessed by refer­
ence both to the statistics of each State's imports
from Portugal over a representative period and to
the economic outlook for the quota period con­
cerned ;
Whereas available Community statistics give no
information on the situation of port wines on the
markets ; whereas, however, Portuguese statistics
for exports of these products to the Community i
 during the past few years can be considered to :
reflect approximately the situation of Community
imports ; whereas on this basis the corresponding
imports by each of the Member States represent the
following percentages of the imports into the '
Community from Portugal of the products con­
cerned :
                                              lit hectolitres
                                    1970   1971       1972 '
Port wines :
– in receptacles containing two
     litres or less
    – Germany                       19-4   163        15,7
    – Bénélux                       10-2   12-8     ' 11,7
    – France                        351    33-8       30,9
    – Italy                        27-4    27-5       27,5
    – Dcnmark                        2-4    2-2          2,1
    – Ireland                        0-3    0-2          0,2
    – United Kingdom                 4-9    7-2        11,9
                                 i
– in receptacles containing more
 *  than two litres
         Germany                     9-2    9-4           8,7 .
    – Bénélux                       14-8   15-3        15 ,-
    – France                       45-2    44-8
    – Italy                          00     00            0,0
    – Denmark                        6- 2   5-5           6.1
    – Ireland                        1-7    1-6           1,6
   – United Kingdom                22-9    23-4        25 ,^
                                         i
 ---pagebreak---                              - 3 -
     Whereas, in view of these data and the estimates
     submitted by certain Member States, initial quota
     shares may be fixed approximately at the
     following percentages :
                                    Port wines in receptacles
                                            containing
            /                     Two litres     { More rhan
                                    or icss            two litres
     Germany                       16 , 8                 9 ,-
     Benelux                       11,7 :               15,1
     France                        32,8                           •
     Italy                         27,5                   0,1
     Denmark                         2,2        |    ■    5,9 .
     Ireland                         0 , 2;               1,6
     United Kingdom                  8,8                 2H , - •
    Whereas, ' in order to take into account import
   trends for the products concerned in the different
   Member States, each of the quota amounts should
   be divided into two instalments, the first instalment
   being allocated among the Member States and the
   second forming & reserve intended ultimately to
   cover the requirements of the Member States which .
   have used up their initial quota shares ; whereas, in ,
   order to ensure a certain degree of security to impor­
   ters in each Member State, the first instalment of
   the Community quotas should be 'determined at a
   level which, under present circumstances, may be
   90 °/o of each of the quota amounts ; 1
 sWhereas the initial quota shares of the Member
  States may be used up at different times ; whereeas,
  in order to take this fact into account and avoid
  any break in continuity, ajiy Member State having
  used up almost the whole of any one of its initial
  quota shares should draw an additional quota share
  from the corresponding reserve ; whereas this must
  be' done by each Member State when each of its
  additional quota shares is almost entirely used up,
  and repeated as many times as the reserve allows ;
1 whereas the initial and additional quota shares must
  be available for use until the end of the quota
  period ; whereas this method of administration calls'
  for close cooperation between Member States and
  the Commission, which must, in particular, be able
  to observe the extent to which the quota amounts
  are used and inform Member States thereof :
 ---pagebreak---                                      - if -
     Whereas if, at a specified date in the quota period,
     a considerable balance remains in one or other .
  . Member State it is essential that that Member State
     pays a large amount of it back into the reserve, in
    order to avoid a part of one or other of the
     Community quotas 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 in and represented by the
     Benelux       Economic      Union,        all     transactions
     concerning the administration of shares granted to
     the abovementioned Economic Union may be j
     carried out by any of its members ;                               !
     HAS ADOPTED THIS REGULATION :
 * •                           .                                         ;
                              Article 1                                  '
* 1.       For the period from 1 January 197 ^" "to 31
    December 197^+, Community tariff quotas shall be
    opened within the Community                                            ■
    for products originating in Portugal, and within the 1
     limits listed below :
            CCT heading No            Description       Quota volume
     ex 22.05 C III a 1
                                   >  Port wines         20 000 hl
     ex 22.05 C IV a 1             )
     ex 22.05 C III a 2 aa)
                                   > Port wines         285 000 hl
     ex 22.05 C IV a 2 aa)
   2.     OThe Common Customs Tariff duties on wines
    imported within these tariff quotas shall                     be
    suspended at the rates listed below :
            CCT heading No                  >   Rate of duty
     ex 22.05  C III a) 1                 8,10       UCLhl
     ex 22.05  C IV a) 1                  8,70        IJC/hl
     ex 22.05  C III a) 2 aa)             6,60        UC/hl
     ex 22.05  C IV a) 2 aa)              7,20        UC/hl
   3 . Within the limits of these tariff quotas ,
          the new Member States apply the duties
         mentioned in column 2 of the schedule •
         below , in place of the duties to be applied
          to third countries with effect from
         1st January 197^ which are mentioned in
          column 3 i                                                 •
 ---pagebreak---                                5 -
CCT heading No               Duty within                           Duties
                              the quota                            third countries
                                                                        3
A. De nm ark            ' •
ex 22.05 III a ) 1 .           3,24   Rl/hl                 _ ( 5,40' :RE!/hl
                                                      opposite /1          , 1
ex 22.05 IV a ) 1           : 3,^8    Rl/hl             to '    / 5 , 80 RE/hl
                                                    . Portugal ,
ex 22.05 III a ) 2 aa )        2,64   Rl/hl                     ( 4,40 Iffi/hl
ex 22.05 IV1 a ) 2 aa )        2,88  'Hi/hl'                 ' •/ 4,80 T<E/hl
B. Ireland       .
ex 22.05 Ill'a ) 1           0,2400    £/G all .                 0,4323 £/<Eall .
                             0,2400-   £/G:all .                 0,3499 £/Gall .
ex '22.05 IV a ) 1           0,0500    £/Gall .                  0,0833 £/Gall ,
ex 22.05 III a ) 2 aa )      0,24:00   4/G-all                   0,3234 £/Gall .
                             0,05.46 f/Gall ,                    0,0909 £/Gall .
ex 22.05      IV a ) 2 aa )  0,24.00 a/G ail .                   0,3310 - £/Gall .
0 » Un ited . Kingdom
ex 22.05 III a ) 1          0,3750 £/G ail .                     0,4773      £/Gall.'
ex 22.05 IV a ) 1           0,3750 fi/G ail .-                   0,4849      £/Gall .
ex 22.05 III a ) 2 aa )     0,3000     £/Gall . .                0,3834      £/Gall .
                            0,3750 1
                                       £/Gall .
                                        .         1
                                                                 0,4584 .    £/Gall .
ex 22.05      IV n ) 2 no ) 0,3000     C/G'all .                 0,3910 £/ G P. 1I .
                            0,3750     £/G all .                 0 , 4660 £/Gall .
                                                                         • • • /« - •
 ---pagebreak---                           - 6 -
4. These tariff quotas shall be allocated and
administered as provided hereunder.
                          Article 2
1.     The tariff quotas laid down in Article 1 shall
be divided into two instalments.
2. The first instalment shall be shared among . the
Member States ; the shares which, subject to Article
5, shall be valid until 31 December 1974 shall
consist of the following amounts :
                                                      in hectolitres
                            Port wines under subheadings
                     ex 22.05 C III a) 1    ex 22.05 C III a) 2 aa)
                            and                      and
                     ex 22.05 C IV a) 1     ex 22.05 C IV a) 2 aa)
 Germany                3.020                  23.000
Bénélux                 2.100                  38.500
France                  5.900               112.900
 Italy                  4.950                        300
 Denmark                     koo               15.000
 Ireland                       ko               4.100
 United
Kingdom                 1.590                  61.200
           Total      18.000                 255.000
 3. The second instalment of each quota, 2 000
 hectolitres and *0 000 hectolitres respectively, shall
 constitute the reserve.
                             Article 3
    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 more of that share less the amount returned
    into the reserve, where the provisons of Article 5
    have been applied, has been exhausted, that
    Member State shall proceed without delay, by notify­
    ing the Commission, to draw a second share
    equal to 15 °/o of its initial share, rounded up to the
    next unit where appropriate, to the extent that the
    amount in the reserve allows.
    2. . If, after one or other of its initial shares have
    been exhausted , 90 %> or more of the second share
    drawn by a Member State has been used, that
    Member State shall proceed in the manner specified
    in paragraph 1 to draw a third share equal to 7-5 %>.
    of its initial share, rounded up to the- next unit
    where appropriate, to the extent that the amount in
    the reserve allows.
    3. If, after one of its second shares has been
    exhausted, 90 •/• or more of the third share drawn
 ---pagebreak---                       - 7 -
by a Member State has been used, that Member '
State shall proceed in the manner specified in para­
graph 1 , to draw a fourth share equal to the third. _ , .
This process shall be applied until the" reserve is
exhausted.                             '
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
reason to believe that those shares might not be used
up. They shall inform the Commission of the
reasons which led them to apply this paragraph.
                          Article 4
Each of the additional shares drawn pursuant to
Article 3 shall be valid until 31 December 197/(* v    !*
                          Article S
If, by 15 Septsnba? 1974 , a Member State has not
used up its initial shares, it shall, not later than 10
October 1974, return to the reserve the unused
portion of those shares in excess of 20 °/» of the _
initial amount. It may return a larger quantity if
there are reasons to consider that such quantity
might not be used.                   1
The Member States shall , not later than 10
October 197*+. notify the Commission of the
 total imports of the products concerned effected up
to 15 Sept3nberl97H- inclusive, and charged against
the Community quotas and, where appropriate, the
proportion of their initial shares that is being
 returned to each reserve .
                          Article 6
 The Commission shall keep account of the shares
 opened by Member States in accordance with Arti­
 cles 2 and 3 and shall inform each of them of the ,
 extent to which the reserves have been used as soon
 as it receives the notifications.
 The Commission shall, not later than 15 October
 1974, notify Member States of the amount In each          r
 reserve after the return of shares pursuant to '
 Article 5.       ,
 The Commission shall ensure that any drawing
 which uses up any reserve is limited to the balance
 available and, for this purpose, shall specify the
 amount thereof to the Member State which makes
 the final drawing.
 ---pagebreak---                                                 - 8 -
                                           Article 7
                  1« The Member - States shall take all appropriate
                  measures to ensure that, when additional shares are
                 drawn pursuant to Article 3, it is possible for '
                 charges to be made, without interruption, against
                 their accumulated shares of the Community tariff
                 quotas.
                 2.     The Member States shall guarantee to impor­
                 ters of the products concerned established in their
                 territory free access to the shares allocated to them.
                3.      The extent to which the Member States' shares
                have been used up shall be recorded on the basis of
                the imports originating in Portugal and presented
                for customs clearance under cover of declarations
                that they have been made available for consump­
                tion .
                                         Article 8
                Member States shall inform the Commission at
               regular intervals of imports of the products
               concerned actually charged against their shares.
                                         Article 9
               The Member States and the Commission shall co­
               operate closely in order to ensure that the provisions '
               of this Regulation are observed.
                                        Article 10
               This Regulation shall enter into force on 1 January
               1974.
This Regulation shall be binding in its entirety and directly applicable in all Member
States. .    ,        '             ,                                / * y
Done at Luxembourg,                                                      •
                                                              For the Council
                                                               The President
 ---pagebreak---                                  Proposal for a
              REGULATION (EEC) OF THE COUNCIL
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,
                  Having regard to the T reaty establishing the Euro­
                 pean Economic Community, and in particular Arti­
                 cles 43 and 1 13 thereof ;
                 Halving regard to the proposal from the Commis­
                 sion ;
                 Having regard ito the Opinion of the European Parli­
                 ament ;
                 Whereas Article 4 of Protocol No 8 to the Agree­
                ment between the European Economic Community
                and the Portuguese Republic (') provides that
                customs duties on imports into the Community of
                Madeira wines originating in Portugal, falling
                within subheadings Nos ex 22.05 C III a) 1 , ex 22.05
                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, toral annual
               tariff quota of 15 000 hi ; whereas this '
                reduction applies , in the case of
               the Community as originally constituted, to ' the
               Common Customs Tariff duties and, in the case of
               the new Member States, to such duBies as these          \
               States apply ait any given moment to imports from
               third countries ; whereas these wines will remain
               eubjeot to the provisions governing the commbn
               organization of the market in wine ;
               Whereas it is in particular necessary to ensure to all
               Community importers equal and uninterrupted
               access to the abovementioned quota and uninter­
               rupted 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 principles
               mentioned above, the Community nature of the
               quota can be respected by allocating the Commu­
               nity tariff quota among the Member States ;
               whereas, in order to reflect most accurately the
               actual development' of the market in the products
               (l) OJ No L 301 , 31 . 12. 1972, p. 165.
 ---pagebreak---                           - 2 -
concerned, such -allocation should be in proportion
 to the needs of the Member States, assessed by refer­
 ence both to the statistics of each State's imports
 from Portugal over a representative period and to
 the economic outtlook for rhc quota period concer­
 ned ;
 Whereas available Community statistics give no
 information on the situation of Madeira wines on
 the markets ; whoreais, however, Portuguese statis­
 tics 'fox exports of these products to the Community
 during the last few years can be considered to
 reflect approximately the situation of Community
 imports ; whereas on this basis the corresponding
 imports by each of the Member States during the
dast three yeans represent the following percentages
 of the imports into the Community from Portugal
of the products concerned :              ?;          • •
                                      1970      1971  1972
                                            I
Germany                             21-4       22-3   23 ,.5
Bénélux                             12-6       14 -6  11 ,.9
France                              40-2      38-6    ^0 , 9
Italy                                  1-2       0-9   0,7
Dcnmark                             15-9       13-8   13,6
Ireland                                          0-1
United Kingdom                         8-7       9-7   9Λ
Whereas, in view of these data and the estimates
submitted by certain Member States, initial quota
shares may be fixed approximately at the following
percentages :
       Germany                             22'
       Bénélux                            13
       France                       '      40
       Italy                                1
       Denmark
       Ireland                              I1
       United Kingdom                       9'
 ---pagebreak---                           - 3 -
   Whereas, in order to take into account import
   trends for the products concornod in the different
   Member States, the quota amount should be divided
   into two instalments, the first instalment being allo­
   cated among the Member States and the second
   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
   ensure a certain degree of security to importers in
   each Member State, the first instalment of the
   Community quota should be determined at a level
   which, under present circumstances, may be 90 %
   oi the quota amount ;
  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 continuity, any Member State having
  used up almost the whole of its initial quota share
  should draw an additional quota share from the
  reserve ; whereas this must be done by each
  Member State when each of its additional quota
  shares is almost entirely used up, and repeated as
 many times as the reserve allows ; whereas the
  initial and additional quota shares must be avail­
  able for use until the end of the quota period ;
 whereas this 'method of administration call's for
  close cooperation between Member States and the
  Commission, which must, in particular, be able to
 observe the extent to which the quota amount is
  used and inform Member States thereof ;
 Whereas if, at a specified date in the quota period, a
 considerable bailance of the initial share remains in
 one or other Member State it is essential that that
 Member State pays a large amount of it back into
 the reserve, in order to avoid a part of the Commu­
 nity quota 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 rhe Grand Duchy
 of Luxembourg are united in and represented by the
 Benelux Economic Union, all transactions
 concerning the administration of shares granted to
 the abovementioned Economic Union may be
 carried out by any of its members ;
HAS ADOPTED THIS REGULATION :
                        Article 1
1. For the period from 1 January 197 *+ tc 31
December 1974, a Community tariff quota of
15 000 hi shall be opened within the European
Economic Community, for Madeira originating in
Portugal, falling within subheadings N'os ex 22.05 C
III a) 1 , ex 22.05 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.
 ---pagebreak---                                          - k -
              2. The Common Customs Tariff duties appli­
              cable to wines imparted' within this tariff quota
               shall .be suspended at the rates listed bolow :        .
                       CCT heading No                  Rate of dufy
               ex 22.05 CIII a) 1                       9,45 uc /hl
               ex 22.05 C III a ) 2 aa)              ■ 7,70 UC/hl
               ex 22.05 C IV a) 1                     10,15 uc/hl
               ex 22.05 C IV a) 2 aa)                   &,kO UC/hl
               3 . Within the limits of these tariff
                     quotas , the new Member States apply
                     the duties mentioned in column 2
                     of the schedule below , in place of
                     the duties to be applied to third
                     countries with effect from 1 January
                     197*t which are mentioned in column 3 J
CCT heading No                         Duty within                           Duties
                                       the quota                             third countries
A. Denmark
ex 22.05 C III   a) 1                     3,78 UC/hl                     . . ( 5,^0 uc/hl
ex 22.05 C III   a ) 2 aa )               3,08 UC/hl                opposite 8q uc/hl
                 a) 1                      if , 06 UC/hl            Portucal
                                                                    Portugal ( if if0
                                                                                  g0 U°/hl
ex 22.05 C  IV
ex 22.05 C  IV   a ) 2 aa )               3,36 UC/hl                                  uc/hl
B. Ireland
ex 22.05 C III a ) 1                    0,2400     £/gall .                    ■0,3423 £/gall .
                                        0,0584 £/gall .                         0,0833 fi/gall .
ex 22.05 C III   a ) 2 aa )             0,2400 £/gall .                         0,3234 £/gall .
                                        0,2^50 £/gall .                         0,3499 £/gall .
ex 22.05 C  IV   a) 1                   0,063 ? £/gall .                        0,0909 £/gall .
ex 22.05 C  IV   a ) 2 aa )             0,2400 £/gall .                         0,3310 £/gall .
C. United Kingdom
ex 22.05 C III   a) 1               .   0,3750     £/gall .                    0,4773 £/gall .
ex 22.05 C III   a ) 2 aa )             0,3000     £/gall .                    0,383 ^ £/gall .
                                        0,3750     £/gall .         :          0,k53k £/gall .
ex 22.05 C  IV   a) 1                   0,3750     £/gall .                    0,^8^9 £/gall .
ex 22.05 C  IV   a ) 2 aa )         ■   0,3000     £/gall .                    0,3910 £/gall .
                                        Pv3750     £/gall .                    0,4660 £/gall .
                                                                                          «
                                                                                         • • •/• • •
 ---pagebreak--- 4. This tariff quota shall be allocated and admin­
istered as provided hereunder.
                         Article 2
1.     The tariff quota referred to in Article 1 shall
be divided into two instalments .
2.     A first instalment, amounting to 13 500 hecto-
litres of this quota, shall be shared among the
Member States ; the shares which, subject to Article
5 shall be valid until 31 December 197^, shall '
consist of the following amounts :
                                           (in hectolitres)
 Germany                                  " 2.970
 Bénélux                                     1.76C
 France                                      ^. kOO
  Italy                                          130
 Denmark              4                      1.890
  Ireland                                  '     130
 United. Kingdom                              1.220
  3. The second instalment of (he quota,
  amounting to 1500 hectolitres, shall constitute the
  reserve.
                           Article 3
   1.    If 90 °/o or more of the initial share of a
   Member State, as laid down in Article 2 (2), or
  90 %> or more of that share Jess the             amount
  returned into the ireserve, where the provisions of
   Article 5 have been applied, has been exhausted,
  that Member State shall proceed without delay, by
   notifying the Commission, to draw a second share
  equal to 15 %> of its initial share, rounded up to the
  next unit where appropriate, to the extent that the
  amount in the reserve allows.
   2. If, •after itis initial share 'has been exhausted,
   90 % of the second share drawn by a Member State
   has been used, that Member State shall proceed, in
   the manner specified in paragraph 1 , to draw a
   third share equal to 7-5 °/o of its initial share
   rounded up to the next unit where appropriate, to
   the extent that the amount in the reserve allows.
 ---pagebreak---                         - 6 -
3.     If, after its second share has been exhausted,
90 •/# or more of the third share . drawn by a
Member State has been ■ used , that Member State
shall proceed, in the manner specified in paragraph
1 , to draw a fourth share equal to the third.
This process shall be applied until the reserve is
exhausted.
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
 reason to believe that those shares might not be
used up. They shall inform the Commission of the
 reasons which led them to apply this paragraph.
                          Article 4
 The additional shares drawn pursuant to Article 3
 shall be valid until 31 December 1974 *
                         Article 5
If, by 15 Septemba:'1974 a Member State has not
used up its initial share, it shall, not later than 10
October 1974 return the unused portion of this
share in excess of 20 °/o of the initial amount. It
may return a larger quantity if there are reasons to
consider that such quantity might not be used.
The Member States shall, not later than 10
October 1974 notify the Commission of the total
imports of the products concerned effected up to 15
Septemtierl974 inclusive and pharged against the
Community quota and, where appropriate, the
proportion of their initial share chat is being
returned to the reserve.
                         Article 6
The Commission shall keep account of the shares
opened by Member States in accordance with Articles
2 and 3 and shall inform each of them of the extent
to which the reserve has been used as soon as it re­
ceives the notifications.
The Commission shall, not later than 15 October
1974 , notify Member States of the amount in the
reserve after the return of shares pursuant to Article
5.
The Commission shall ensure that any drawing which -
uses up the reserve is limited to the balance available
and, for this purpose, shall specify the amount thereof
to the Member State which makes the final drawing.
 ---pagebreak---                                              - 7 -
                                     Article 7
             1 . The Member States shall take all appropriate
             measures to ensure that, when additional shares are
            drawn pursuant to Article 3, it is possible for char­
             ges to be made, without interruption , against their
             accumulated shares of the Community tariff quota.
            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 .
            3.     The extent to which the Member States' shares
            have been used up shall be recorded on the basis of
            the imports originating in Portugal and presented for .
            customs clearance under cover of declarations that
            they have been made available for consumption:
                                    Article 8
            Member States shall inform the Commission at regu­
            lar intervals of imports of the products concerned
            actually charged against their shares.
                                     Article 9
             The Member " States and the Commission shall co­
             operate closely in order to ensure that the provisions
             of this Regulation are observed.
                                                               I      ' ,
                                     Article 10
              This Regulation shall enter into force on 1 January
          ■    1974 ...
This Regulation shall be binding in its entirety and directly applicable in all Member
States.                                                y
                                                           i      ■ .
Done at Luxembourg,
                                                           For the Council
                                                                                 !
                                                             The President
 ---pagebreak---                                                                                                       ANNEX III
         , '                                   Proposal for a
                                REGULATION (EEC)         OF THE COUNCIL
        ,    • opening, allocating and providing for the administration of a Community tariff quota
               for Setubal muscatel wines, falling within subheading ex 22.05 of the Common Customs
                                             Tariff, originating in Portugal
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the Euro­
pean Economic Community and in particular Articles
43 and 113 thereof ;                                                                     ,
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Par­
liament ;
Whereas Article 4 of Protocol No 8 to the Agreement
between the European Economic Community and the
Portuguese Republic ( ' ) provides that customs duties
on imports into the Community of Setubal muscatel
 wines originating in Portugal , falling within subhead­
 ings Nos ex 22.05 C III a) 1 , ex 22.05 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 atotal annual tariff quota of 3 000 hi ; whereas                            i
this reduction applies , in
 the case of the Community as originally constituted,
 to the Common Customs Tariff duties and, in the                     ■          •
 case of the new Member States, to such duties as
 these Member 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 it is in particular necessary to ensure to all               '   (
  Community importers equal and uninterrupted access
  to the abovementioned quota and uninterrupted ap-                                  ,
  plication 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 principles mentioned above, the
  Community nature of the quota can be respected by                                    ,
  allocating the Community tariff quota among the
  Member States : whereas, in order to reflect most ac­
   (*) OJ No L 301 , 3t . 12. 1972, p. 165 .
                                                                                                    « t •/ • • •
 ---pagebreak---                                 -  2 -
• curataly the actual development of the market in the
   products concerned,' such allocation should be in pro­
   portion to the needs of the Member States, assessed
  by reference both to the statistics of each States's im­
  ports from Portugal Over a representative period and
  to the economic outlook for the quota period con­
  cerned j'
  Whereas available Community statistics give no in­
  formation on . the situation         of Setubal  muscatel
  wines on the' markets ; whereas, however, Portu­
  guese statistics for , exports of these products to the
   Community 'during the past few years can be consid­
  ered to reflect approximately the situation of
   Community imports ; whereas on this basis the
  corresponding imports by each of the Member
  States 1 represent the following percentages of the
   imports; into the Community from portugal of the
  products concerned :
                              1970   1971        1972
  Germany "                   39-8  12-1         1^,8 /
  Benelux .                   20-7    6-3        16 , *f
  France                              01
  Italy                               01          1,6
  Denmark       •      '•     14-5  28-6          8,2
  Ireland                      7-9   17-5 '       1,6
  United Kingdom       <      17-1  35-3         57,4
 Whereas, in view of these data and the estimates
 submitted by certain Member States, initial quota
 shares may be fixed approximately at the following
 percentages :
        Germany                             32
        Bénélux             •               16
                          f
        France            !               •  1
        Italy      :                         1
        Denmark                             18
        Ireland      ■                      10
        United Kingdom                      22
 ---pagebreak---                               - 3 -
Whereas, in order to take into account import
trends for the products concerned in the different
Member States, the quota amount ' should be
divided into two instalments, the first instalment
being allocated among the Member States and the
second 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 ensure a certain degree of security to im­
porters in each Member State, the first instalment of
the Community quota should be determined at a
level which, under present circumstances, may be
90 % of the quota amount ;
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 continuity, any Member State having
used up almost the whole of its initial quota" share
should draw an additional quota share from the
reserve ; whereas this must be done by each
Member State when each of its additional quota
shares is almost entirely used up, and repeated as
many times as the reserve allows ; whereas the initial
and additional quota shares must be available for
use until the end of the quota period ; whereas this
method of administration calls for close coopera­
tion between Member States and the Commission,
which must, in particular, be able to observe the
extent to which the quota amount is used and
inform Member States thereof ;
Whereas, if, at a specified date in the quota period,
a considerable balance remains in one or other
Member State it is essential that that Member State
pays a large amount of it back into the reserve, in
order to avoid a part of the Community quota
remaining unused in one Member State when it
could be used in others ;
                                   I
Whereas, since the Kingdom of . Belgium , the
Kingdom of the Netherlands and the Grand Duchy
of Luxembourg are united in and represented by the
Benelux      Economic       Union,     all    transactions   •
concerning the administration of shares granted to
 the abovementioned Economic Union may . be
 carried out by any of its members ;                    , .' ■
 HAS ADOPTED THIS REGULATION :
                         Article 1
 1. For the period from 1 January 197 ^- to 31
 December 1974 , a Community tariff quota of 3 000
 hi shall be opened within the European Economic
 Community for Sctubal muscatel wines originating
 in Portugal, falling within subheadings Nos ex 22.05
C III a) 1, ex 22.05 C Itt a) 2 aa), ex 22.05 C IV a) and
 ex 22.05 C IV a) 2 aa) of the Common Customs
 Tariff.
 ---pagebreak---                      2. The Common Customs Tariff duties appli­
                     cable to wines imported within this tariff quota
                     shall be suspended at the rates listed boLow :      ,
                            CCT heading No                  Rate of dury
                                                       i          ~           ■ ■
                      ex 22.05 C III a ) 1                   9,45      UC/hl
                      ex 22.05 C III a) 2 aa)             ■ 7,70       UC/hl
                      ex 22.05 C IV a ) l                  10,15       UC/hl
                     «x 22.05 C IV a) 2 aa )                 8 , 40    UC/hl
                      3 . Within the limits of these 'tariff
                           quotas , the new Member States apply
                           the duties mentioned in column 2
                           of the schedule below , in place of
                           the duties to be applied to third
                           countries with effect from 1 January
                           1974 which are mentioned in column 3
CCT heading No                              Duty withm                            Duties
                                             the quota                            third countries
           1  .                                                                             3
        ùenmarK
ex      22.05   C III a ) 1                      3,78 UC/hl                       ( 5,40 UC/hl
        P2.C5   C III r ) 2 re.)                 3,08 TTC/hl             dpposite ΐ V  Ο Γ\   /ν Ί
                                                                           to
ex      22.05   C IV a ) 1                       4,06 UC/hl                       ( 4,40 UC/hl
η ·«.»■ 22.05   C IV r ) 2 aa )                  3,36 - UC/hl            Portugal ( 4,8o uc/'il
ex      22.05 C III a ) .1                     0,2400 £/gall .                      0,3423 £/g-ll .
                                               0.0584 £/ rail .                     0,06 33 fA-nll .
ex      22.05 C III a ) 2 aa )                 0,2400 £/gall .                      0,3234 £/gall .
                                               0,2450 £/gall . •                    0,3499 £/gall .
ex      22.05 C    IV   a    1                 0,0637 £/gall .                      0,0909 f/gall .
ex      22.05 C    IV   a ) 2 aa )             0,2400 £/gall .                      0,3310 £/gall .
C. United Ain^dom
ex 22.05 C III a ) 1                           0,3750 £/gall ,                      0,4773 £/gall .
                                               0
ex 22.05 C         IV a ) 2 aa )              .0,3 000 £/gall .                     0,3910 iygaii .
                                              .0,5 / 50 £/'gaix .                   0,4t;OU
 ---pagebreak--- 4. These tariff quotas shall be allocated and
administered as provided hereunder, <
                          Article 2
1.     The tariff quota referred to in Article 1 shall
be divided into two instalments.        ;
2. A first instalment, amounting to 2 700 hecto-
litres, shall be shared among the Member States ; the
shares which, subject to Article 5 , shall be valid
 until 31 December 1974 shall consist of the
 following amounts :
                                           (in hectolitres)
  Germany                                      $60
  Bénélux                                      ^30
  France                                          30
  Italy                                         , 30
  Denmark                                      t-90
  Ireland                                      270
  United Kingdom                               590
J. The second instalment, amounting to 300
hectolitres, shall constitute the reserve.
                            Article 3
  1 . If 90% or more of the initial share of a
  Member State as laid-down in Article 2 (2), or 90 %
  or more of that share less the amount returned into
  the reserve, where the provisions of Article 5 have •
  been applied, has been exhausted, that 'Member
  State shall proceed without delay, by notifying the
  Commission, to draw a second share equal to 15%
  of its initial share, rounded up to the next unit
  where appropriate, to the extent that the amount in
  the reserve allows .
   2.    If, after its initial share has been exhausted,
  90% or more of the second share drawn by a
   Member State has been used, that Member State
   shall proceed in the manner specified in paragraph
   1 to draw a third share equal to 7-5 % of its initial
   share, rounded up to the next unit where appropriate,
   to the extent that the amount in the reserve allows.
 ---pagebreak---    3. If, after its second share has been exhausted,
   90 °/# • or more of the . third share drawn by a
   Member State has been used, that Member State
   shall proceed, in the manner specified in paragraph
   1 , to draw a fourth share equal to the third.
   This process shall be applied until the reserve is
   exhausted .
   4. Notwithstanding paragraphs 1 , 2 and 3, the
   Member States may proceed ro draw shares smaller
   than those fixed in those paragraphs, if there is
   reason . to believe that those shares might not be
   used up. They shall inform the1 Commission of the
   reasons which led them to apply this paragraph.
                           Article 4
  The additional shares drawn pursuant to Article 3
  shall be valid until 31 December 1974*
                          ArticleS
 If, by 15 September 1974 , a Member State has not
 used up its initial share, it shall, not later than 10
 October 1974, return to the reserve the unused
 portion of this share in excess of 20 % of the initial
 amount. It may' return a larger quantity if there are
 reasons to consider that such quantity might not be
 used .
 The Member States shall , not later than 10
 October 1974 notify the Commission of the
 total imports of the products concerned effected up
 to 15 September 1974 inclusive and charged against
 the Community quota and, where appropriate, the
 proportion of their initial shares that is being
 returned to the reserve.
                          Article 6
 The Commission shall keep account of the shares
 opened by Member States in accordance with Arti­
 cles 2 and 3 and shall inform each of them of the
extent to which the reserve has been used as soon
as it receives the notifications.
The Commission shall, not later than 15 October
 1974 , notify Member States of the amount in the
reserve after the return of shares pursuant to Article
5.
The Commission shall ensure that any .drawing
which uses up the reserve is limited to the balance
available and, for this purpose, shall specify the
amount thereof to the Member State which makes
the final drawing.
 ---pagebreak---                                      Article 7
             1. The Member Stales shall take all appropriate
             measures to ensure that, when additional shares are
             drawn pursuant to Article 3 , it is possible for
             charges to be made without interruption against
             their accumulated shares of the Community tariff
             quota .
            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.
            3.     The extent to which the Member States' shares
            have been used up shall be recorded on the basis of
             the imports originating in Portugal and presented
             for Customs clearance under cover of declarations
            that they have been made available for consump­
            tion .
                                     Article 8
            Member States shall inform the Commission at
            regular intervals of imports of the            products
            concerned actually charged against their shares.
                                     Article 9
              The Member States and the Commission shall coop-
              crate closely in order to ensure that the provisions
              of this Regulation arc observed.                '
                                    Article 10
            This Regulation shall enter into force on 1          January
            1974.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Luxembourg,
                                                           For the Council
                                                            The President '