CELEX: 31978R1434
Language: en
Date: 1978-06-26
Title: Council Regulation (EEC) No 1434/78 of 26 June 1978 opening, allocating and providing for the administration of a Community tariff quota for wines of fresh grapes falling within subheading ex 22.05 C of the Common Customs Tariff, originating in Cyprus

28 . 6 . 78                             Official Journal of the European Communities                             No L 172/23
                                        COUNCIL REGULATION (EEC) No 1434/78
                                                        of 26 June 1978
                 opening, allocating and providing for the administration of a Community tariff quota for
                 wines of fresh grapes falling within subheading ex 22.05 C of the Common Customs Tariff,
                                                     originating in Cyprus
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           cation of the rates laid down for that quota to all im­
                                                                    ports of the products concerned into all Member States
                                                                    until the quota has been used up ; whereas, having re­
 Having regard to the Treaty establishing the European              gard to the principles mentioned above, the Community
 Economic Community, and in particular Articles 43 and              nature of the quota can be respected by allocating the
 113 thereof,                                                       Community tariff quota among the Member States ;
                                                                    whereas, in order to reflect more accurately the actual
                                                                    development of the market in the products concerned,
 Having regard to the proposal from the Commission,                 such allocation should be in proportion to the needs of
                                                                    the Member States, assessed by reference to both the
 Having regard to the opinion of the European Parlia­               statistics of each State's imports of the said products
 ment ( 1),                                                         from Cyprus over a representative period and the eco­
                                                                    nomic outlook for the quota period concerned;
 Whereas a supplementary Protocol to the Agreement
 establishing an Association between the European
 Economic Community and the Republic of Cyprus was
 signed on 11 May 1978 ; whereas this Protocol is to                Whereas, however, neither Community nor national
 enter into force on 1 July 1978 ; whereas Article 5 of this        statistics showing the breakdown for each of the types
 Protocol provides for the opening of an annual Com­                of wine in question are available and no reliable esti­
 munity tariff quota of 10 000 hectolitres of certain               mates of future imports can be made; whereas, in these
 wines of fresh grapes, in containers holding two litres or         circumstances, the quota volumes should be allocated in
 less, falling within subheading ex 22.05 C of the                  initial shares, taking into account demand for these
 Common Customs Tariff, originating in Cyprus, at rates             wines on the markets of the various Member States ;
 of customs duty equal to 25 % of the customs duty in
 Common Customs Tariff, originating in Cyprus, at rates
 temporis clause is applicable; whereas under these cir­
 cumstances it is necessary to open a Community tariff
 quota of 5 000 hectolitres for the period 1 July to 31             Whereas, in order to take into account import trends
 December 1978 ;                                                    for the products concerned in the different Member
                                                                    States, the quota amount should be divided into two
                                                                    tranches, the first tranche being allocated among the
 Whereas these wines remain subject to the provisions               Member States and the second forming a reserve in­
 governing the Common organization of the market in                 tended ultimately to cover the requirements of the
 wine products, especially as regards observance of the             Member States which have used up their initial quota
 reference price;                                                    shares ; whereas, in order to ensure a certain degree of
                                                                     security to importers in each Member State, the first
                                                                     tranche of the Community quota should be determined
 Whereas Council Regulation (EEC) No 2506/75 of 29                   at a level which, under present circumstances, may be
 September 1975 laying down special rules for the im­                86 % of the quota amount;
 portation of products in the wine-growing sector
 originating in certain third countries (2), introduced the
 idea of a free-at-frontier reference price, being the refer­
 ence price less customs duties actually levied;
                                                                    Whereas the initial 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, it is
 Whereas it is in particular necessary to ensure for all
                                                                     important that any Member State having used up
 Community importers equal and uninterrupted access                  almost the whole of its initial shares should draw an
 to the abovementioned quota and uninterrupted appli­                additional share from the reserve; whereas this must be
                                                                     done by each Member State as and when each of its
 ( x) Opinion delivered on 16 June 1978 (not yet published in        additional shares is almost entirely used up and re­
      the Official Journal).                                         peated as many times as the reserve allows ; whereas the
 (2) OJ No L 256, 2 . 10. 1975 , p. 2 .                              initial and additional shares must be available for use
 ---pagebreak--- No L 172/24                               Official Journal of the European Communities                                          28 . 6 . 78
until the end of the quota period; whereas this method                     are united within and jointly represented by the Benelux
of administration calls for close cooperation between                      Economic Union all transactions concerning the ad­
Member States and the Commission, which must, in                           ministration of shares allocated to that economic union
particular, be able to observe the extent to which the                     may be carried out by any one of its members,
quota amount is used and inform Member States
thereof;
                                                                           HAS ADOPTED THIS REGULATION:
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                                             Article 1
part of the Community quota remaining unused in one
Member State when it could be used in others;                              1 . From 1 July to 31 December 1978 , the Common
                                                                           Customs Tariff duties for the following products
                                                                           originating in Cyprus shall be partially suspended at the
Whereas since the Kingdom of Belgium, the Kingdom of                       levels shown below within the limits of a Community
the Netherlands and the Grand Duchy of Luxembourg                          tariff quota of 5 000 hectolitres :
                     CCT
                                                                                                                  Rate
                    heading                                      Description
                      No                                                                                        of duty
                     22.05         Wine of fresh grapes ; grape must with fermentation arrested by the
                                   addition of alcohol :
                                   C. Other :
                                         I. Of an actual alcoholic strength not exceeding 13°, in con­
                                            tainers holding:
                                            ex a) Two litres or less :
                                                    — Wine of fresh grapes                                      3   u.a/hl
                                       II. Of an actual alcoholic strength exceeding 13° but not
                                            exceeding 15° , in containers holding:
                                            ex a) Two litres or less :
                                                    — Wine of fresh grapes other than liqueur wines
                                                        of an actual alcoholic strength of 15 °                3.5 u.a. /hl
2 . The inclusion of these wines in this Community                                 Benelux                                  140 hi
tariff quota shall be conditional upon observance of the                           Denmark                                  140 hi
reference price applying to them.                                                  Germany                                  140 hi
                                                                                   France                                    40 hi
                                                                                   Ireland                                 300  hi
3 . The wines in question shall benefit from these tariff                          Italy                                     40 hr
quotas on condition that the prices on import into the                             United Kingdom                        3 500  hi
Community are not at any time less than the free-at­
frontier reference prices referred to in Regulation                        3 . The second tranche, amounting to 700 hectolitres,
(EEC) No 2506/75 and subsequent texts which apply to                       shall constitute the reserve.
 such prices .
                                                                                                    Article 3
                            Article 2
                                                                           1 . If 90 % or more of the initial share of a Member
1 . The Community tariff quota referred to in Article 1                    State, as laid down in Article 2 (2), or 90 % of that
shall be divided into two tranches .                                       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
2 . The first tranche, amounting to 4 300 hectolitres,                     delay, by notifying the Commission, to draw a second
shall be shared among the Member States ; the pro­                         share equal to 15 % of its initial share, rounded up to
portions which, subject to Article 5 , shall be valid until                the next unit where appropriate, to the extent that the
31 December 1978 , shall be as follows :                                   amount in the reserve allows.
 ---pagebreak--- 28 . 6 . 78                               Official Journal of the European Communities                             No L 172/25
  2 . If, after its initial share has been exhausted, 90 % or       and 3 and shall inform each of them of the extent to
  more of the second share drawn by a Member State has              which the reserve has been used as soon as it receives
  been used, that Member State shall proceed, in the                the notifications.
  manner specified in paragraph 1 , to draw a third share
  equal to 7-5 % of its initial share, rounded up to the            The Commission shall, not later than 20 November
  next unit where appropriate, to the extent that the                1978 , notify Member States of the amount in the
. amount in the reserve allows.
                                                                    reserve after the return of shares pursuant to Article 5 .
  3 . If, after its second share has been exhausted, 90 %
  of more of the third share drawn by a Member State has            The Commission shall ensure that any drawing which
  been used, that Member State shall proceed, in the same           uses up the reserve is limited to the balance available
  way, to draw a fourth share equal to the third.                    and, for this purpose, shall specify the amount thereof
                                                                    to the Member State which makes the final drawing.
  This process shall be applied until the reserve is
  exhausted.
                                                                                               Article 7
  4. Notwithstanding the provisions of paragraphs 1 , 2
  and 3 , the Member States may proceed to draw shares               1 . Member States shall take all appropriate measures
  smaller than those fixed in those paragraphs if there is           to ensure that, when additional shares are drawn pur­
  reason to believe that they might not be used up. They             suant to Article 3 , it is possible for charges to be made
  shall inform the Commission of the reasons which led              without interruption against their accumulated shares of
  them to apply this paragraph.                                     the Community quota.
                              Article 4                             2 . Member States shall ensure that importers 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 1978 .
                                                                    3 . The extent to which a Member State has used up its
                                                                    share shall be determined on the basis of the imports of
                              Article 5                             the goods in question entered at customs for home use.
  Member States shall return to the reserve, not later than
  15 November 1978 , the unused portion of their initial                                        Article 8
  share which on 1 November 1978 is in excess of 20 %
  of the initial amount.They may return a larger portion if           On receipt of a request from the Commission, Member
  there are grounds for believing that such portion may               States shall inform it of imports actually charged against
  not be used in full.                                               their shares .
  Each Member State shall, not later than 15 November
  1978 , notify the Commission of the total imports of the                                      Article 9
  products concerned effected up to 1 November 1978
  inclusive, and charged against the Community quota
  and, where appropriate, the proportion of its initial
                                                                      Member States and the Commission shall cooperate
  share that is being returned to the reserve.                        closely in order to ensure that this Regulation its
                                                                      observed.
                              Article 6
                                                                                               Article 10
  The Commission shall keep account of the shares
  opened by Member States in accordance with Articles 2              This Regulation shall enter into force on 1 July 1978 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member States .
                  Done at Luxembourg, 26 June 1978 .
                                                                                          For the Council
                                                                                            The President
                                                                                          K. B. ANDERSEN