CELEX: 31977R2670
Language: en
Date: 1977-11-28 00:00:00
Title: Council Regulation (EEC) No 2670/77 of 28 November 1977 opening, allocating and providing for the administration of Community tariff quotas for Madeira wines falling within heading No ex 22.05 of the Common Customs Tariff and originating in Portugal (1978)

3 . 12. 77                           Official Journal of the European Communities                                     No L 310/5
                                     COUNCIL REGULATION (EEC) No 2670/77
                                                  of 28 November 1977
                opening, allocating and providing for the administration of Community tariff
                quotas for Madeira wines falling within heading No ex 22.05 of the Common
                                  Customs Tariff and originating in Portugal ( 1978)
 THE COUNCIL OF THE EUROPEAN                                    Whereas available Community statistics give no infor­
 COMMUNITIES,                                                   mation on the situation of Madeira wines on the
 Having regard to the Treaty establishing the European          markets ; whereas, however, Portuguese statistics for
 Economic Community, and in particular Articles 43              exports of these products to the Community during
 and 1 1 3 thereof,                                             the past three years can be considered to reflect
                                                                approximately the situation of Community imports ;
 Having regard to the proposal from the Commission,             whereas on this basis the corresponding imports by
                                                                each of the Member States for the past three years
 Having regard to the opinion of the European Parlia­           represent the following percentages of the imports
 ment ('),
                                                                into the Community from Portugal of the products
 Whereas Article 4 of Protocol 8 to the Agreement               concerned :
 between the European Economic Community and the
 Portuguese Republic (2), as amended by the Interim                                                           1974       1975       1976
 Agreement between the European Economic Commu­
 nity and the Portuguese Republic (3), provides that            Madeira wines :
 customs duties on imports into the Community of                — in       receptacles containing    two
 certain wines originating in Portugal, shall be                     litres or less :
 reduced :                                                           — Benelux                                15-8      28-7       14-2
                                                                     — Denmark                                22-5      31-5       24-6
 — by 60 % in the case of the duties applicable to                  f— Germany                                  8-7       90         7-7
      Madeira wines falling within subheadings ex 22.05              — France                                   3-4       2-5      36-1
      C III a) 1 and ex 22.05 C IV a) 1 of the Common                — Ireland                                  0-8       10         1-0
      Customs Tariff up to a total annual tariff quota of            — Italy                                  35-4      17-3         6-9
      1 500 hi, and                                                  — United Kingdom                         13-4      100          9-5
 — by 50 % in the case of the duties applicable to              — in receptacles containing more
                                                                     than two litres :
      Madeira wines falling within subheadings ex 22.05              — Benelux                                14-8      13-6       12-4
      C III b) 1 and ex 22.05 C IV b) 1 of the Common                — Denmark                                160       10-6       14-8
      Customs Tariff up to a total annual tariff quota of            — Germany                                181       21-4       17-5
      14 500 hi ;                                                    — France                                 40-8      46-7       43-4
                                                                     — Ireland                                  01       —           01
 whereas these wines will remain subject to the provi­               — Italy                                   —         —          —
 sions governing the common organization of the                      — United Kingdom                         10-2        7-7      11-8
 market in wine ;
 Whereas it is in particular necessary to ensure for all
 Community importers equal and uninterrupted access
 to the abovementioned quotas and uninterrupted
 application of the rates laid down for these quotas to         Whereas, in view of these data and the estimates
 all imports of the products concerned into all Member          submitted by certain Member States, initial quota
 States until the quotas have been used up ; whereas,           shares may be fixed approximately at the following
 having regard to the principles mentioned above, the           percentages ;
 Community nature of the quotas can be respected by
 allocating the Community tariff quota among the
 Member States ;                                                                                  Madeira wines in receptacles
                                                                                                           containing :
Whereas in order to reflect most accurately the actual                                          two litres              more than
development of the market in the products concerned,                                             or less                two litres
such allocation should be in proportion to the needs
 of the Member States, assessed by reference both to            Benelux                           18-4                     14-0
 the statistics of each State's imports from Portugal           Denmark                           22-9                     16-5
over a representative period and to the economic                Germany                           13-1                     19-1
outlook for the quota period concerned ;                        France                             3-6                    40-8
                                                                Ireland                            1-1                      0-1
(') OJ No C 241 , 10. 10 . 1977, p. 46 .                        Italy                             25-8                      0-1
(2) OJ No L 301 , 31 . 12 . 1972, p. 165 .                      United Kingdom                    15-1                      9-4
P) OJ No L 266, 29 . 9 . 1976, p. 2.
 ---pagebreak--- No L 310/6                         Official Journal of the European Communities                                          3 . 12. 77
Whereas, in order to take into account import trends
for the products concerned in the different Member                        CCT
                                                                                              Description          Quota amount
                                                                       heading No
States, each of the quota amounts 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
                                                             ex 22.05 C III a) 1
                                                             ex 22.05 C IV a) 1           jMadeira wines             1 500 hi
requirements of the Member States which have used
up their initial quota shares ; whereas, in order to
                                                             ex 22.05 C III b) 1
                                                             ex 22.05 C IV b) 1           jMadeira wines            14 500 hi
ensure a certain degree of security for importers in
each Member State, the first instalment of the
Community quotas should be determined at a level
which, under present circumstances, may be 90 % of           2.    The Common Customs Tariff duties on wines
each of the quota amounts ;                                  imported within these tariff quotas shall be suspended
                                                             at the rates listed below :
Whereas the initial quota shares of the Member States
may be used up at different times ; whereas, in order                      CCT heading No                      Rate of duty
to take this fact into account and avoid any break in
continuity, any Member State having used up almost           ex  22.05   C  III a)  1                          5-4 u.a./ hl
the whole of any one of its initial quota shares should      ex  22.05   C  IV  a)  1                          5-8 u.a./hl
draw an additional quota share from the corres­                                                                5-5 u.a./hl
                                                             ex  22.05   C  III b)   1
ponding reserve ; whereas this must be done by each
Member State when each of its additional quota shares        ex  22.05   C  IV  b)  1                          6Ό u.a./hl
is almost entirely used up, and repeated as many times
as the reserve allows ; whereas the initial and addi­
tional quota shares must be available for use until the                                   Article 2
end of the quota period ; whereas this method of
administration calls for close cooperation between            1.    The tariff quotas laid down in Article 1 shall be
Member States and the Commission, which must, in             divided into two instalments.
particular, be able to observe the extent to which the
quota amounts are used and inform Member States              2. A first instalment of each quota shall be shared
thereof ;
                                                             among the Member States ; the shares which, subject
                                                             to Article 5, shall be valid until 31 December 1978
Whereas if, at a specified date in the quota period, a       shall consist of the following amounts :
considerable balance of one of the initial quota shares                                                                     (hectolitres)
remains in one or other Member State it is essential
that that Member State pays a large amount of it back                                         Madeira wines under subheadings :
into the reserve, in order to avoid a part of one or                                       ex 22.05 C III a) 1   ex 22.05 C III b) I
other of the Community quotas remaining unused in                                                  and                   and
one Member State when it could be used in others ;                                         ex 22.05 C IV a) 1    ex 22.Q.5 C IV b) 1
                                                             Benelux                                248                 1 820
Whereas since the Kingdom of Belgium, the                    Denmark                                309                 2 150
Kingdom of the Netherlands and the Grand Duchy of            Germany                                1 77                2 480
Luxembourg are united in and represented by the              France                                   50                5 300
Benelux Economic Union , all transactions concerning         Ireland                                  15                     15
the   administration    of  shares   allocated  to  that     Italy                                  347                      15
economic union may be carried out by any one of its          United Kingdom                         204                 1 220
members,
                                                                                   Total         1 350                13 000
HAS ADOPTED THIS REGULATION :                                3. The second instalment of each quota, 150 and
                                                             1 500 hectolitres respectively, shall constitute the
                                                             reserve .
                        Article 1
                                                                                          Article 3
1.    From 1 January to 31 December 1978 , Commu­            1.     If 90 % or more of one of the initial shares of a
nity tariff quotas shall be opened for products origi­       Member State, as laid down in Article 2 (2) or 90 % or
nating in Portugal, within the limits listed below :         more of that share less the amount returned into the
 ---pagebreak--- 3. 12. 77                             Official Journal of the European Communities                         No L 310/7
reserve, where the provisions of Article 5 have been                                    Article 6
applied, has been exhausted, that Member State shall
proceed without delay, by notifying the Commission,
to draw a second share equal to 15% or its initial              The Commission shall keep account of the shares
share, rounded up to the next unit where appropriate,           opened by Member States in accordance with Articles
                                                                2 and 3 and shall inform each of them of the extent
to the extent that the amount in the reserve allows.
                                                                to which the reserves have been used as soon as it
                                                                receives the notifications.
2.     If, after one or other of its initial shares has been
exhausted, 90 % or more of the second share drawn               The Commission shall, not later than 5 October 1978,
by a Member State has been used, that Member State               notify Member States of the amount in each reserve
shall proceed in the manner specified in paragraph 1            after the return of shares pursuant to Article 5.
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.            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
3.     If, after one of its second shares has been               to the Member State which makes the final drawing.
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 ,
                                                                                        Article 7
to draw a fourth share equal to the third.
                                                                 1.     The Member States shall take all appropriate
This process shall be applied until the reserve is               measures to ensure that, when additional shares are
exhausted.
                                                                 drawn pursuant to Article 3, it is possible for charges
                                                                 to be made, without interruption, against their accu­
                                                                 mulated shares of the Community tariff quotas.
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             2. The Member States shall ensure that importers
reason to believe that those shares might not be used            of the said goods established in their territory have
up. They shall inform the Commission of the reasons              free access to the shares allocated to them .
which led them to apply this paragraph.
                                                                 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 goods
                      (i , Article 4                            are entered with customs authorities for home use.
Each of the additional shares drawn pursuant to
Article 3 shall be valid until 31 December 1978 .                                       Article 8
                                                                At the Commission's request Member States shall
                                                                 inform it of imports of the products concerned actu­
                           A rticle 5                           ally charged against their shares.
The Member States shall return to the reserve, not
later than 1 October 1978, the unused portion of their                                  Article 9
initial share which, on 15 September 1978 , is in
excess of 20 % of the initial amount. They may return
a larger quantity if there are reasons to believe that          The Member States and the Commission shall coop­
such quantity might not be used.                                 erate closely in order to ensure that the provisions of
                                                                 this Regulation are observed.
The Member States shall, not later than 1 October
1978, notify the Commission of the total imports of                                     Article 10
the products concerned effected up to 15 September
1978 inclusive and charged against the Community
quotas and, where appropriate, the proportion of their          This Regulation shall enter into force on 1 January
initial shares that is being returned to each reserve.           1978 .
 ---pagebreak--- No L 310/8                    Official Journal of the European Communities                        3 . 12. 77
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 28 November 1977 .
                                                                    For the Council
                                                                      The President
                                                                        L. OUTERS