CELEX: 31973R3612
Language: en
Date: 1973-12-27 00:00:00
Title: Regulation (EEC) No 3612/73 of the Council of 27 December 1973 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

No L 365/ 184                       Official Journal of the European Communities                           31 . 12 . 73
                             REGULATION (EEC) No 3612/73 OF THE COUNCIL
                                                  of 27 December 1973
              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 ,                       Whereas available Community statistics give no
                                                                information on the situation of Setubal muscatel
                                                                wines on the markets; whereas, however, Portuguese
Having regard to the Treaty establishing the
European Economic Community and in particular                   statistics for exports of these products to the
 Articles 43 and 113 thereof;                                   Community during the past few years can be
                                                                considered to reflect approximately the situation of
                                                                Community imports; whereas on this basis the
Having regard to the proposal from the Commission;              corresponding imports by each of the Member States
                                                                represent the following percentages of the imports
                                                                into the Community from Portugal of the products
Having regard to the Opinion of the European                    concerned :
Parliament;
Whereas Article 4        of Protocol No        8 to the                                    1970     1971        1972
Agreement (*) between the European Economic
Community and the Portuguese Republic provides
that customs duties on imports into the Community               Germany                    39-8     12-1       14-8
of Setubal muscatel wines originating in Portugal,              Benelux                    20-7      6-3       16-4
falling within subheading 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             France                      —
                                                                                                     0-1         —
22.05 C IV a) 2 aa) of the Common Customs Tariff                Italy                       —
                                                                                                     0-1         1-6
are to be reduced by 30 % up to a total annual tariff
quota of 3 000 hi; whereas this reduction applies, in           Denmark                    14-5     28-6         8-2
the case of the Community as originally constituted,            Ireland                     7-9     17-5         1-6
to the Common Customs Tariff duties and, in the
case of the new Member States, to such duties as                United Kingdom             17-1     35-3       57-4
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, in view of these data and the estimates
                                                                submitted by certain Member States, initial quota
Whereas it is in particular necessary to ensure to all          shares may be fixed approximately at the following
Community importers equal and uninterrupted access              percentages :
to the abovementioned quota and uninterrupted
                                                                               Germany              32
application of the rates laid down for that quota to
all imports of the products concerned into all                                 Benelux              16
Member States until the quota has been used up ;
whereas, having regard to the principles mentioned                             France                1
above, the Community nature of the quota can be
                                                                               Italy                 1
respected by allocating the Community tariff quota
among the Member States; whereas, in order to                                  Denmark              18
reflect most accurately the actual development of the
                                                                               Ireland              10
market in the products concerned ; such allocation
should be in proportion to the needs of the Member                             United Kingdom       22
States, assessed by reference both to the statistics of
each State's imports from Portugal over a
representative period and to the economic outlook
for the quota period concerned ;                                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
(l) OJ No L 301, 31 . 12. 1972, p. 165.                         instalments, the first instalment being allocated
 ---pagebreak--- 31 . 12. 73                           Official Journal of the European Communities                             No L 365 / 185
among the Member States and the second forming a
reserve intended ultimately to cover the requirements                      CCT heading No                  Rate of duty
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,            ex 22.05 C III a) 1                        9-4 u.a./hl
the first instalment of the Community quota should               ex 22.05 C III a) 2 aa)                    7-7 u.a./hl
be determined at a level which, under present
circumstances, may be 90 % of the quota amount;                  ex 22.05 C IV a) 1                        10*1 u.a./hl
                                                                 ex 22.05 C IV a) 2 aa)                     8-4 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               3 . Within the limits of these tariff quotas, the new
break in continuity, any Member State having used                Member States apply the duties calculated in
up almost the whole of its initial quota share should            accordance with the relevant provisions set out in
draw an additional quota share from the reserve;                 Protocol No 8 annexed to the Agreement and in the
whereas this must be done by each Member State                   Act of Accession .
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              4. These tariff quotas shall be allocated and
quota shares must be available for use until the end              administered as provided hereunder.
of the quota period ; whereas this method of
administration calls for close cooperation between                                         Article 2
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                    1.     The tariff quota referred to in Article 1 shall be
                                                                 divided into two instalments .
thereof;
Whereas, if, at a specified date in the quota period, a          2. A first instalment, amounting to 2 700
considerable balance remains in one or other                     hectolitres, shall be shared among the Member
Member State it is essential that that Member State              States ; the shares which, subject to Article 5, shall be
pays a large amount of it back into the reserve, in              valid until 31 December 1974 shall consist of the
order to avoid a part of the Community quota                     following amounts :
remaining unused in one Member State when it could                                                   (in hectolitres)
be used in others ;
                                                                                   Germany                 860
Whereas, since the Kingdom of Belgium, the                                         Benelux                430
Kingdom of the Netherlands and the Grand Duchy of
                                                                                   France                   30
Luxembourg are united in and represented by the
Benelux Economic Union, all transactions concerning                                Italy                    30
 the administration of shares granted to the
 abovementioned Economic Union may be carried out                                  Denmark                 490
by any of its members,                                                             Ireland                 270
                                                                                   United Kingdom          590
HAS ADOPTED THIS REGULATION :
                                                                 3.     The second instalment, amounting to 300
                                                                 hectolitres, shall constitute the reserve.
                          Article 1
 1 . For the period from 1 January 1974 to 31                                              Article 3
 December 1974, a Community tariff quota of 3 000
 hi shall be opened within the European Economic                  1.    If 90 % or more of the initial share of a
 Community for Setubal muscatel wines originating in              Member State as laid down in Article 2 (2), or 90 %
 Portugal, falling within subheading Nos ex 22.05 C               or more of that share less the amount returned into
III a) 1 , ex 22.05 C III a) 2 aa), ex 22.05 C IV a) 1 and        the reserve, where the provisions of Article 5 have
 ex 22.05 C IV a) 2 aa) of the Common Customs                     been applied, has been exhausted, that Member State
Tariff.                                                           shall proceed without delay, by notifying the
                                                                  Commission, to draw a second share equal to 15 %
 2. The Common Customs Tariff duties applicable                   of its initial share, rounded up to the next unit where
 to wines imported within this tariff quota shall be              appropriate, to the extent that the amount in the
 suspended at the rates listed below :                            reserve allows .
 ---pagebreak--- No L 365 / 186                       Official Journal of the European Communities                             31 . 12 . 73
2. If, after its initial share has been exhausted,              Articles 2 and 3 and shall inform each of them of the
90 % or more of the second share drawn by a                     extent to which the reserve has been used as soon as
Member State has been used, that Member State shall             it receives the notifications .
proceed in the manner specified in paragraph 1 to               The Commission shall, not later than 15 October
draw a third share equal to 7-5 % of its initial share,
rounded up to the next unit where appropriate, to               1974, notify Member States of the amount in the
the extent that the amount in the reserve allows .              reserve after the return of shares pursuant to Ar­
                                                               ticle 5 .
3 . If, after its second share has been exhausted,              The Commission shall ensure that any drawing
90 % or more of the third share drawn by a Member              which uses up the reserve is limited to the balance
State has been used, that Member State shall proceed,           available and, for this purpose, shall specify the
in the manner specified in paragraph 1 , to draw a              amount thereof to the Member State which makes the
fourth share equal to the third.                                final drawing.
This process shall be applied until the reserve is
exhausted.                                                                               Article 7
4. Notwithstanding paragraphs 1 , 2 and 3 , the                 1.    The Member States shall take all appropriate
Member States may proceed to draw shares smaller                measures to ensure that, when additional shares are
than those fixed in those paragraphs, if there is               drawn pursuant to Article 3, it is possible for charges
reason to believe that those shares might not be used           to be made without interruption against their
up. They shall inform the Commission of the reasons             accumulated shares of the Community tariff quota.
which led them to apply this paragraph.
                                                               2. The Member States shall ensure that importers
                         Article 4                             of the said goods established in their territory have
                                                                free access to the shares allocated to them .
The additional shares drawn pursuant to Article 3
shall be valid until 31 December 1974.                         3.     The extent to which a Member State has used
                                                                up its shares shall be determined on the basis of the
                                                               imports originating in Portugal as and when the
                         Article 5                             goods are entered for home use.
If, by 15 September 1974, a Member State has not
used up its initial share, it shall, not later than                                      Article 8
10 October 1974, return to the reserve the unused
portion of this share in excess of 20 % of the initial         Member States shall inform the Commission at
amount. It may return a larger quantity if there are           regular intervals of imports           of the products
reasons to consider that such quantity might not be             concerned actually charged against their shares.
used .
The Member States shall, not later than 10 October                                       Article 9
1974, notify the Commission of the total imports of
the products concerned effected up to 15 September
                                                               The Member States           and the Commission shall
1974 inclusive and charged against the Community
quota and, where appropriate, the proportion of their          cooperate closely in order to ensure that the
initial shares that is being returned to the reserve.          provisions of this Regulation are observed.
                                                                                        Article 10
                         Article 6
The Commission shall keep account of the shares                This Regulation shall enter into force on 1 January
opened by Member States, in accordance with                     1974.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 27 December 1973 .
                                                                                   For the Council
                                                                                     The President
                                                                                  Ove GULDBERG