CELEX: 31974R2909
Language: en
Date: 1974-11-07 00:00:00
Title: Regulation (EEC) No 2909/74 of the Council of 7 November 1974 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

No L 313 / 46                            Official Journal of the European Communities                                25 . 11 . 74
                                   REGULATION (EEC) No 2909/74 OF THE COUNCIL
                                                        of 7 November 1974
               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,                               Whereas available Community statistics give no
                                                                      information on the situation of Madeira wines on
                                                                      the markets ; whereas, however, Portuguese statistics
Having regard to the Treaty establishing the                           for exports of these products to the Community
European Economic Community, and in particular                        during the past few years can be considered to reflect
Articles 43 and 113 thereof;                                          approximately the situation of Community imports ;
                                                                      whereas on this basis the corresponding imports by
                                                                      each of the Member States during the past three
Having      regard       to    the     proposal    from     the       years represent the following percentages of the
Commission ;
                                                                      imports into the Community from Portugal of the
                                                                      products concerned :
Having regard to the Opinion of the European
Parliament ;
                                                                                                         1971    1972      1973
Whereas Article 4 of Protocol 8 of the Agreement (*)
between the European Economic Community and                           Benelux                             14-6   11-7      13-1
the Portuguese Republic provides that Customs                         Denmark                             13-8   13-6      16-0
duties on imports into the Community of Madeira                       Germany                            22-3    23-5      19-9
wines originating in Portugal , falling within                        France                             38-6    40-9      39-4
subheadings ex 22.05 C III a) 1 , ex 22.05 C III b) 1 ,               Ireland                              0-1    0-1       0-1
ex 22.05 C IV a) 1 and ex 22.05 C IV b) 1 of the                      Italy                                0-9     0-7      0-5
Common Customs Tariff are to be reduced by 30 °/o                     United Kingdom                       9-7    9-4      11-0
up to a total 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                      Whereas, in view of these data and the estimates
the new Member States, to such duties as these States                 submitted by certain Member States, initial quota
apply at any given moment to imports from third                       shares may be fixed approximately at the following
countries ; whereas these wines will remain subject to                percentages :
the provisions governing the common organization
of the market dn wine ;                                                             Benelux :              131
                                                                                    Denmark :              14-4
                                                                                    Germany :              22Ό
Whereas it is in particular necessary to ensure to all
                                                                                    France :               39-6
Community importers equal and uninterrupted
access to the abovementioned quota and                                              Ireland :                0-1
uninterrupted application of the rates laid down for                                Italy :                  0-7
that quota to all imports of the products concerned                                 United Kingdom :       10-1
into all Member States until the quota has been used
up ; whereas, having regard to the principles
mentioned above, the Community nature of the                          Whereas, in order to take into account import
quota can be respected by allocating the Community                    trends for the products concerned in the different
tariff quota among the Member States ; whereas, in                    Member States, the quota amount should be divided
order to reflect most accurately the actual                           into two instalments, the first instalment being
development of the market in the products                             allocated among the Member States and the second
concerned, such allocation should be in proportion                    forming a reserve intended ultimately to cover the
to the needs of the Member States, assessed by                        requirements of the Member States which have
reference    both    to    the   statistics  of each    State's
                                                                      used up their initial quota shares ; whereas, in order
imports from Portugal over a representative period                    to ensure a certain degree of security to importers
and to the economic outlook for the quota period                      in each Member State, the first instalment of the
concerned ;                                                           Community quota should be determined at a level
                                                                      which, under present circumstances, may be 90 °/o of
( l ) OJ No L 301 , 31 . 12. 1972, p. 165 .                           the quota amount;
 ---pagebreak--- 25 . 11.74                           Official Journal of the European Communities                               No L 313 /47
Whereas the initial quota shares of the Member                 3 . Within the limits of these tariff quotas, the new
States may be used up at different times, whereas,             Member States apply the duties calculated in
in order to take this fact into account and avoid any          accordance with the relevant provisions set out in
break in continuity, any Member State having used               Protocol 8 annexed to the Agreement and in the Act
up almost the whole of its initial quota share should          of Accession .
draw an initial quota share from the reserve,
whereas this must be done by each Member State                                             Article 2
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             1.    The tariff quota referred to in Article 1 shall be
                                                                divided into two instalments .
quota shares must be available for use until the end
of the quota period ; whereas this method of
administration calls for close cooperation between              2. A first instalment, amounting to 13 500 hi of
Member States and the Commission, which must, in                this quota, shall be shared among the Member
particular, be able to observe the extent to which              States ; the shares which, subject to Article 5 shall be
the quota amount is used and inform Member                      valid until 31 December 1975 , shall consist of the
States thereof;                                                 following amounts :
                                                                                              (in hectolitres)
Whereas, if at a specified date in the quota period, a                          'Benelux :             1 770
considerable balance of the initial share remains in
one or other Member State it is essential that that                              Denmark :             1 940
Member State pays a large amount of it back into                                 Germany :             2 970
 the reserve, tin order to avoid a part of the                                   France :              5 340
 Community quota remaining unused in one Member                                  Ireland :                 20
 State when it could be used in others ;
                                                                                 Italy :                   90
                                                                                 United Kingdom :      1 370
 Whereas, since the Kingdom of Belgium, the
 Kingdom of the Netherlands and the Grand Duchy
 of Luxembourg are united in and represented by the             3.    The second instalment of the quota amounting
 Benelux Economic Union, all transactions concerning            to 1 500 hi , shall constitute the reserve.
 the administration of shares granted to the
 abovementioned Economic Union may be carried out
                                                                                           Article 3
 by any of its members ,
                                                                1.    If 90% or more of the initial share of a
 HAS ADOPTED THIS REGULATION :                                  Member State, as laid down in Article 2 (2), or 90 °/o
                                                                or more of that share less the amount returned into
                           Article 1
                                                                the reserve, where the provisions of Article 5 have
                                                                been applied, has been exhausted, that Member State
                                                                shall proceed without delay, by                notifying the
  1.    For the period from 1 January until 31                  Commission, to draw a second share           equal to 15 °/o
 December 1975 , a Community tariff quota of 15000 hi           of its initial share, rounded up to            the next unit
 shall be opened for Madeira wines originating in               where appropriate, to the extent that         the amount in
  Portugal, falling within subheadings ex 22.05 Cilia) 1 ,      the reserve allows .
 ex 22.05 C III b ) 1 , ex 22.05 C IV a) 1 and ex
 22.05 C IV b ) 1 of the Common Customs Tariff.                 2.    If, after its initial share has been exhausted,
                                                                90 % of the second share drawn by a Member State
                                                                has been used, that Member State shall proceed, in
 2.     The Common Customs Tariff duties applicable             the manner specified in paragraph 1 to draw a third
 to wines imported within this tariff quota shall be            share equal to 7'5 % of its initial share rounded up
 suspended at the rates listed below :                          to the next unit where appropriate to the extent that
                                                                the amount in the reserve allows .
        CCT heading No                  Rate of duty
                                                                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
     ex  22.05 C III a ) 1               9-4 u.a. / hl          proceed, in the manner specified in paragraph 1 to
     ex  22.05 C III b ) 1              7-7  u.a. / hl          draw a fourth share equal to the third .
     ex  22.05 C IV a) 1               10-1  u.a./hl
     ex  22.05 C IV b ) 1                8-4 u.a. /hl           This process shall be applied until the reserve is
                                                                exhausted .
 ---pagebreak---  No L 313 /48                        Official Journal of the European Communities                              25 . 11 . 74
 4. Notwithstanding paragraphs 1 , 2 and 3 , the                The Commission shall ensure that any drawing
 Member States may proceed to draw shares smaller              which uses up the reserve is limited to the balance
 than those fixed in those paragraphs, if there is              available and, for this purpose, shall specify the
 reason to believe that those shares might not be used          amount thereof to the Member State which makes
 up . They shall inform the Commission of the reasons           the final drawing.
 which led them to apply this paragraph.
                                                                                        Article 7
                           Article 4
                                                                1.    The Member States shall take all appropriate
 The additional shares drawn pursuant to Article 3             measures to ensure that, when additional shares are
 shall be valid until 31 December 1975 .
                                                               drawn pursuant to Article 3 , it is possible for charges
                                                               to be made, without interruption, against their
                           Article 5
                                                               accumulated shares of the Community tariff quota.
                                                               2.     The Member States shall ensure that importers
 If, by 15 September 1975 a Member State has not               of the said goods established in their territory have
 used up its initial share, it shall , not later than 10       free access to the shares allocated to them .
 October 1975 return the unused portion of this share
in excess of 20 °/o of the initial amount. It may              3.     The extent to which a Member State has used
return a larger quantity if there are reasons to               up its shares shall be determined on the basis of the
consider that such quantity might not be used.                 imports originating in Portugal as and when the
                                                               goods are entered for home use.
The Member States shall , not later than 10 October
 1975 , notify the Commission of the total imports of
the products concerned effected up to 15 September                                      Article 8
 1975 inclusive and charged against the Community
quota and, where appropriate, the proportion of
                                                               Member States shall inform the Commission at
their initial share that is being returned to the
reserve .
                                                               regular intervals of imports of the products
                                                               concerned actually charged against their shares.
                          Article 6
                                                                                        Article 9
The Commission shall keep account, of the shares
opened by Member States in accordance with                     The Member States         and the Commission          shall
Articles 2 and 3 and shall inform each of them of the          cooperate closely in order to ensure that the
extent to which the reserve has been used as soon as           provisions of this Regulation are observed.
it receives the notifications .
The Commission shall, not later that 15 October                                        Article 10            v
1975, notify Member States of the amount in the
reserve after the return of shares pursuant to                 This Regulation shall enter into force on 1 January
Article 5 .                                                    1975 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 7 November 1974.
                                                                              For the Council
                                                                                The President
                                                                                 A. JARROT