CELEX: 31987R4188
Language: en
Date: 1987-12-21 00:00:00
Title: Council Regulation (EEC) No 4188/87 of 21 December 1987 opening, allocating and providing for the administration of a Community tariff quota for 'Sljivovica' plum spirit falling within code ex 2208 90 33 of the combined nomenclature and originating in Yugoslavia (1988)

31 . 12 . 87                                    Official Journal of the European Communities                                  No L 400 / 37
                                               COUNCIL REGULATION ( EEC) No 4188 / 87
                                                              of 21 December 1987
                    opening, allocating and providing for the administration of a Community tariff quota for
                    'Sljivovica' plum spirit falling within code ex 2208 90 33 of the combined nomenclature and
                                                        originating in Yugoslavia ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                   for the quota should be applied consistently to all imports of
                                                                            the products in question into all Member States until the
                                                                             quota is exhausted; whereas, in the light of these principles,
Having regard to the Treaty establishing the European                        allocation of the Community tariff quota among certain
Economic Community , and in particular Article 113                          Member States would seem to preserve the Community
thereof,                                                                    nature of the quota; whereas in order to correspond as closely
                                                                             as possible to the real trend of the market for the products in
                                                                             question the allocation should reflect the requirements of the
Having regard to the proposal from the Commission ,                          Member States based on statistics of imports of the said
                                                                             products from Yugoslavia during a representative reference
                                                                             period and on the economic outlook for the quota period in
Whereas Article 21 of the Cooperation Agreement between                      question ;
the European Economic Community and the Socialist
Federal Republic of Yugoslavia ( J ), as supplemented by the
Additional Protocol to that Agreement establishing new
trade arrangements (2 ), provides that plum spirit under the                 Whereas during the last three years for which statistics are
name of 'Sljivovica' falling within code ex 2208 90 33 of the              . available imports into the Member States were as follows :
combined nomenclature and originating in Yugoslavia is to
be imported into the Community at a duty of 0,3 ECU per                                                                            (hectolitres)
hectolitre per % degree of alcohol plus 3 ECU per hectolitre,
                                                                                    Member State           1984        1985          1986
within the limits of an annual Community tariff quota of
5 420 hectolitres ; whereas those products must be
                                                                             Benelux                          39        71            20
accompanied by a certificate of authenticity; whereas the
quota in question should be opened for 1988 ;                                Denmark                            5       20,13           9
                                                                             Germany                      2 911      3 205           758
                                                                             Greece
Whereas the customs duty levied under the above tariff quota
                                                                                                            —            —            —
is to be dismantled over the same periods and at the same                    Spain                         n.c .        n.c .           6
rates as provided for in Articles 75 and 243 of the Act. of                  France                           35         38            36
Accession of Spain and Portugal ;                                            Ireland                        —            —            —
                                                                             Italy                          —            —            —
Whereas , within the limits of the above tariff quota , the                  Portugal                      n.c .        n.c .         —
Kingdom of Spain and the Portuguese Republic are to apply                                                        3                     10
customs duties calculated in accordance with Council                         United Kingdom                              —
Regulation (EEC ) No 4150 / 87 of 21 December 1987 , laying
down arrangements for Spain and Portugal's trade with
Yugoslavia and amending Regulation (EEC) No 449 / 86 and
 (EEC ) No 2573 / 87 ( 3 );
                                                                             Whereas during the last three years the products concerned
                                                                             were imported regularly only by certain Member States and
Whereas , from 1 January 1988 the nomenclature in the                        not at all or only occasionally by the other Member States ;
Common Customs Tariff will be replaced by the combined                       whereas , under these circumstances , in the first phase, initial
nomenclature based on the International Convention on the
                                                                             shares should be allocated only to the genuine importing
Harmonized Commodity Description and Coding System;                          Member States and the other Member States should be
whereas this Regulation must take account of that fact by                    guaranteed access to the benefit of the tariff quotas when
 using the combined nomenclature codes and Taric code                        imports actually take place in those Member States; whereas
 numbers of the products concerned ;                                         these allocation arrangements will ensure the uniform levy of
                                                                             the applicable duties ;
Whereas equal and continuous access to the quota should be
 ensured for all Community importers and the rates laid down
                                                                             Whereas , to allow for the trend of imports of the products
 (M OJ No L 41 , 14 . 2 . 1983 , p. 2 .
                                                                             concerned in the various Member States , the quota volume
 ( 2 ) OJ No L 389 , 31 . 12 . 1987 , p . 73 .                               should be divided into two parts , the first being allocated
 ( 3 ) OJ No L 389 , 31 . 12 . 1987 , p. 1 .                                 among certain Member States and the second held as a
 ---pagebreak--- No L 400 / 38                             Official Journal of the European Communities                                              31 . 12 . 87
reserve to cover any subsequent requirements of those                      is essential that the Member State concerned should return a
Member States which have used up their initial shares and                  significant proportion thereof to the Community reserve in
any requirements which might arise in the other Member                     order to prevent part of the Community quota from
States ; whereas , to afford importers in each Member State                remaining unused in one Member State when it could be used
some degree of certainty, an appropriate level for the first               in others ;
part of the Community quota would, in the present
circumstances , be 67% of the quota volume;                                Whereas since the Kingdom of Belgium , the Kingdom of the
                                                                           Netherlands and the Grand Duchy of Luxembourg are united
                                                                           within and jointly represented by the Benelux Economic
Whereas the initial shares of the Member States may be used                Union, any operation concerning the administration of the
up at different rates; whereas, in order to avoid any break in             quota shares allocated to that economic union may be carried
the continuity of supplies on this account, it should be                   out by any one of its members ,
provided that any Member State which has almost used up its
initial quota share should draw an additional share from the
Community reserve; whereas each time its additional share is
almost used up a Member State should draw a further share                  HAS ADOPTED THIS REGULATION:
and so on as many times as the reserve allows ; whereas these
initial and additional shares must be valid until the end of the
quota period ; whereas this form of administration requires
close cooperation between the Member States and the                                                       Article 1
Commission and the latter must be able to monitor the extent
to which the quota volume has been used up and inform the
Member States accordingly ;                                                 1 . From 1 January to 3 1 December 1988 the customs duty
                                                                            applicable to imports into the Community of the following
                                                                            products originating in Yugoslavia shall be suspended at the
Whereas if at a given date in the quota period a considerable               level indicated and within the limits of a Community tariff
quantity of a Member State's initial share remains unused, it               quota as shown below:
    Order No          CN code                              Description                             Quota (hectolitres)      Quota duty
                  ex 2208 90 33     — — — — Plum , pear or cherry spirit (excluding               -\
                                              liqueurs):                                                                 0,3 ECU per
09.1503                                       — Plum spirit marketed under the name of              I      5 420       >
                                                                                                                         hectolitre per % -
                                                                                                                         degree of alcohol plus
                                                  Sljivovica , in containers holding two litres                          3 ECU per hectolitre
                                                  or less
Within the limits of this tariff quota the Kingdom of Spain                 2.     The second part of the quota , amounting to 1 800
 and the Portuguese Republic shall apply customs duties                     hectolitres , shall constitute the reserve .
 calculated in accordance with Regulation ( EEC) No
 4150 / 87 .                                                                3.     If an importer gives notification of imminent imports
                                                                            of the products concerned into the other Member States and
 2.     Imports of these products must be accompanied by a                  applies to take advantage of the quota, the Member State
 certificate of authenticity issued by the competent Yugoslav               concerned shall inform the Commission and draw an amount
 authority and conforming with the model annexed to this                    corresponding to its requirements to the extent that the
 Regulation .                                                               available balance of the reserve so permits .
                              Article 2
                                                                                                           Article 3
 1 . A first part of the Community tariff quota referred to in
 Article 1 amounting to 3 620 hectolitres shall be allocated                 1.    If a Member State has used 90 % or more of its initial
 among certain Member States ; without prejudice to                          quota share as specified in Article 2 ( 1 ), or of that share less
 Article 5 , the quota shares shall be valid until 31 December               any portion returned to the reserve pursuant to Article 5 , it
 1988 and shall be as follow :
                                                                             shall forthwith , by notifying the Commission and to the
                                              (hectolitres)                  extent that the reserve so permits , draw a second share equal
         Benelux                                         65                  to 15 % of its initial share , rounded up where necessary to the
         Denmark                                         15                  next whole number .
         Germany                                     3 530
         France                                           5                  2.    If, after its initial quota share has been used up , a
         United Kingdom                                   5                  Member State has used up 90 % or more of its second share
 ---pagebreak--- 31 . 12 . 87                              Official Journal of the European Communities                               No L 400 / 39
as well , it shall , using the procedure provided for in             It shall inform the Member States not later than 5 October
paragraph 1 and to the extent that the reserve so permits,           1988 of the state of the reserve following any return of quota
draw a third share equal to 7,5 % of its initial share, rounded      shares pursuant to Article 5 .
up where necessary to the next whole number.
                                                                     It shall ensure that the drawing which exhausts the reserve
3.     If, after its second share has been used up , a Member        does not exceed the balance available, and to this end shall
State has used 90 % or more of its third share , it shall , using    notify the amount of that balance to the Member State
the procedure provided for in paragraph 1 , draw a fourth            making the final drawing.
share equal to the third.
This process shall continue until the reserve is used up .                                       Article 7
4.     By way of derogation from paragraphs 1 , 2 and 3 ,            1.     Member States shall take all appropriate measures
Member States may draw smaller shares than those specified           to ensure that additional drawings of shares pursuant to
in the said paragraphs if there is reason to believe that they       Article 3 enable imports to be charged without interruption
might not be used in full . Member States shall inform the           against their accumulated share of the Community quota .
Commission of their reasons for applying this paragraph .
                                                                     2.     Member States shall ensure that importers of the
                                                                     products concerned have free access to the quota shares
                                                                     allocated to them .
                             Article 4
                                                                     3.     Member States shall charge imports of the products
Each of the additional shares drawn pursuant to Article 3            concerned against their quota shares as and when the goods
shall be valid until 31 December 1988 .                              are entered     with    the   customs   authorities  for   free
                                                                     circulation .
                                                                     4.     The extent to which a Member State has used up its
                             Article 5
                                                                     quota share shall be determined on the basis of the imports
                                                                     charged in accordance with paragraph 3 .
By 1 October 1 988 at the latest Member States must return to
the reserve the unused portion of their initial share which , on
15 September 1988 , is in excess of 20% ofthe initial volume.
                                                                                                 Article 8
They may return a greater portion if there is reason to believe
that it might not be used .
                                                                     At the request of the Commission , Member States shall
By 1 October 1988 at the latest Member States must notify            inform it of imports of the products concerned actually
the Commission of the total quantities of the products               charged against their quota share.
concerned imported on or before 15 September 1988 and
charged against the Community quotas and of any portion of
their initial share that they are returning to the reserve.                                      Article 9
                                                                     The Member States and the Commission shall cooperate
                             Article 6
                                                                     closely to ensure that this Regulation is complied with .
The Commission shall keep account of the shares drawn by
Member States pursuant to Articles 2 and 3 and shall inform                                     Article 10
each Member State of the extent to which the reserve has
been used up as soon as it has been notified .                       This Regulation shall enter into force on 1 January 1988 .
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels, 21 December 1987.
                                                                                         For the Council
                                                                                           The President
                                                                                           B. HAARDER
 ---pagebreak---  ---pagebreak---  ANEXO — BILAG — ANHANG — ΠΑΡΑΡΤΗΜΑ — ANNEX — ANNEXE — ALLEGATO — BIJLAGE — ANEXO
1    Exporter (name , full address, country)                                    2   No                              ORIGINAL
     Exportateur (nom, adresse complète , pays)
                                                                                3   Quota year                      4   Country of destination
                                                                                    Année contingentais                 Pays de destination
                                                                                6   Issuing authority
5    Consignee (name, full address, country)                                        Organisme émetteur
     Destinataire (nom, adresse complète , pays)
                                                                                7
                                                                                            CERTIFICATE OF AUTHENTICITY
8     Place and date of shipment — Means of transport                                         CERTIFICAT D'AUTHENTICITÉ
      Lieu et date d'embarquement — Moyen de transport
                                                                                                   Plum spirit 'Sljivovica'
                                                                                           Eau-de-vie de prunes «áljivovica»
                                                                                   (CN Code ex 2208 90 33)
                                                                                   (Code NC ex 2208 90 33)
9     Marks and numbers — Number and kind of packages                                                                10     vol of    11  Litres
      Marques et numéros — Nombre et nature des colis                                                                    alcohol          Litres
                                                                                                                         Wo vol
                                                                                                                         d'alcool
  12      vol of alcohol and litres ( in words)
      <M> vol d'alcool et litres (en lettres)
  13 CERTIFICATE BY THE ISSUING AUTHORITY — VISA DE L'ORGANISME ÉMETTEUR
      I hereby certify that the plum spirit 'Sljivovica' described in this certificate corresponds with the definition given on the reverse.
      Je certifie que l'eau-de-vie de prunes «Sljivovica» décrite dans ce certificat correspond à la définition figurant au verso.
      Place                                                     Date
      Lieu                                                      Date
                                                                                                         (Stamp and signature )
                                                                                                         (Cachet et signature)
 ---pagebreak---                                        DEFINITION
Plum spirit with an alcoholic strength of 40 % vol or more, marketed under the name
ŠLJIVOVICA, corresponding to the specifications laid down in the Regulation
relating to the quality of spirituous beverages, published in the Official Journal of the
Socialist Federal Republic of Yugoslavia on 7 October 1971 .
                                       DÉFINITION
Eau-de-vie de prunes ayant un titre alcoométrique égal ou supérieur à 40 % vol,
commercialisée sous la dénomination ŠLJIVOVICA correspondant à la spécification
reprise dans la réglementation relative à la qualité des boissons alcooliques publiée au
Journal officiel de la république socialiste fédérative de Yougoslavie le 7 octobre 1971 .