CELEX: 51978PC0161
Language: en
Date: 1978-04-14
Title: Proposal for a COUNCIL REGULATIONS (EEC) on the opening, allocating and providing for the administration of a Community tariff quota for liqueur wines, falling within heading No ex 22.05 of the Common Customs Tariff, originating in Cyprus (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 161
Vol. 1978/0053
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- SON OF THE EUROPEAN COMMUNITIES
                                        COM(78)161 final.
                                        Brussels , L', Aprii
                Proposal for a
           COUNCIL REGULATIONS ( EEC )
 on the opening , allocating and providing for the
 administration of a Community tariff quota for
  liqueur wines , falling within heading No ex 22.05
 of the Common Customs Tariff , originating in Cyprus
    ( submitted to the Council by the Commission )
 ---pagebreak---                    E XP LAi-ÎATOR i MEMORAND UM
On      i]fr*t 3978 , an additional Protocol to be annexed to the
Agreement EEC-Cyprus was initialled . The eotry into force of
this Protocol is previewed for 1 July 1978 .
Article 6 of this Protocol opens , an annual Community tariff
quota for 250 000 hi of liqueur wines originating in Cyprus of
subheading ex 25.05 C cf the CCT at a rate of duty reduced by
70 per cent . The "prorata temporis " clause is applicable .
These wines remaind subject to the provisions which provide
for the common organization of the wine market and especially
in respect of the reference p„rice which is applicable to them .
Under these conditions , it is necessary to open a Community
tariff quota , of 125 000 hi covering all these wines at the
following duty rates 3.3 u.al /hl , 4.2 u . a » /hi , 5.1 u.a. /hl
and ST ."? u.a. /hl for the period of i July to 31 December 1978 .
However , to avoid any disruption of trade between Cyprus and
the Community in this product , it is necess^y^to anticipate
this measure autnomously as from 1 May/t978 , that is to maintain
continuity with the. autnomous tariff measures that the Community
has taken in Regulations ( EEC) Nos 3016 / 77 and S2>3       / 78
covering the period I January to 30 April 1978 .
Because of this the tariff volume to be opened is rised to
41 666     hectolitres .
This Regulation provide for the splitting up of the tariff volume
 into two parts , of which the first will be allocated among the
 Member States as quota share and the second will be kept as a
 reserve .    In the absence of Community statistics , the initial
 quota shares have been calculated on the basis cf the possible
 demand on the markets of the various Member States .
 ---pagebreak--- 4.   Because of . the inherents particularities in the trade in
     these wines which , additionaly , are different from one
     Member State to another , the provisions of the Regulation ,
     except ionnally , do not lay down a common method of
     administration . .
Armex : 1 proposai for a Council Regulation .
 ---pagebreak---                                                        Pxoposal for a
                                        COUNCIL REGULA! ION ( EEC) Ño , ,./ 78
                                                       of
                           opening , allocating and providing for the administration of a
                           Community tariff quota for liqueur wines falling vi chin sub­
                           heading' No fex 22.05 C of the Common Customs Tariff ,
                           originating in Cyprus
- TUB C.OUNCU . OP THE EUROPEAN
    COMMUNITIES .
     Having regard to the Treaty establishing the European
     Economic Community , and in particular Article:
         1 1 .< thereof,          ■                  '
     Having regard to the proposal from the Commission,
                              ι '                          ■•V
 Whereas , a supplementary Protocol to be annexed to the Agreement
   establishing an association between the European Economic Community
 and the Republic of Cyprus ( 2 ) was initialled on ? April '1978 ;
   whereas the entry intb force of this Protocol is expected to occur on
  I 1 July 1 978 ; whereas Article 6 of this Protocol provides for the
 opening of an annual Community tariff quota of 250 000 hectolitres
 of liqueur wines originating in Cyprus of subheading ex 22.05 C
 of the Common Customs Tariff at rates of customs duty equal to
 30% of the Common Customs Tariff duties ;                     whereas
 the prorata temporis clause is applicable ;
 Whereas , in order to avoid a disruption of the trade in this
 product between Cyprus and the Community , it is necessary to
 anticipate the application of this tariff measure autonomously
   with effect from 1 May until 30 June 1978 so as to maintain continuity with the
 autonomous measures that the Community has taken under Regulations
  ( EEC ) Hos 3016 / 77 ( 3 ) and 533 / 78 ( 4 ) for the
 period 1 January to 39 April 1978 ; whereas under the?e
 circumstances it is necessary to open a Community tariff quota
 of 4 ! 666 hectolitres for the period i May to 30 June                        19 78 .
  (4) OJ No L 133 of 21.5.1973 , p . 2
   ( 1) OJ No L 355 cf 31.12.1977 , p . 38
   ($) OJ No L "74 c$ AG . h .                  r>.S
 ---pagebreak--- Whereas these wines remain subject to the provisions ,
governing the common organisation of the market in                   .
vine products, especially as regards observance of the
reference price ; whereas inclusion in the Community
tnritf quota should be subject to production of move­
ment certificate                           ,          . ■. • . , . .
                   A CY 1 and to tne condition that these
wines are described in the V.I . I ,
document provided for in Regulation
 ( EEC) No 213 5 / 76 ( I ) as " liqueur
wines ".              -     ■
 Whereas Council Regulation (EEC) No 2506/75 of 29
 September 1975 laying down special rules for the
 importation of products in the wine-growing sector
 originating in certain third countries ^), introduced
 the idea of a'free-at-frontier reference price, being the
 reference price less customs duties actually levied ;
  Whereas , special reasons inherent m the method of
  production and distribution of the product , the import
  into the Community of these wines is largely carried
  out during the last months of the year ; whereas in '
  consequence the quotas opened for the period 1 January
  to 30 April 1978 have not been entirely used up ;
  whereas , by way of exception , it is necessary to
  provide for the amount remaining from this period to
  be taken into consideration with a view to being used
  during the period of validity of this Regulation ;
 v O 0J No L 237 /, 28*8*1976 , p. 1 ,
 ---pagebreak---                                          3   «
    Whereas u is in particular necessary to ensure for alt
    Community importers equal and uninterrupted access
    to the abovcrrventi.*cci quota and uninterrupted appli­
    cation of the rates iaid down for that quota io aii
    imports of the products concerned into ah Member
    States iintil . the quota has beers used up ; whereas,
    having regard to the principles mentioned above, the
    Community natjrc oi th>- quota can be respected !»y-
   allocating the Community tariff quota among the
   Miembt-r States ; whereas, in order to reflect more accu­
    rately Use aety&i development ot the market in the
    products concerned, such allocation should be in
    proportion to the needs of the Member States,
   assessed by reference to both the statistics of each
   .State's ini ports of the said products from    / over a  /"Cyprus
   representative . period and the economic outlook for
   the qno'a period concerned ,
    WhojM.s in this case, however, neither Community'
   nor national statistics showing the breakdown for each
   of the types of wines in question are available and no
   reliable estimates of future imports can be made ;
  whereas, in these circumstances, the quota volumes
  should be allocated in initial shares, i?kir.g into
   account demand for these wines on the markets of the
  various Member States :
 Whereas; in order to ta :<c into account import trends
  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
  Member States and the second forming a reserve
  intended ultimately to cover the requirements 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 Stale, the first
  tranche of the Community quota should be deter­
  mined at a level which, tmder' present circumstances,
  may be approximately 90% of the quota amount ;
  Whereas the initial shares of the Member States may,
  be used up at different times ; whereas., in order to
• take this feet - into account and avoid any bteek in
  continuity, it is important that any Member Slate
   having used up almost the whole oi its initial shares
   should draw an additional share from 'the reserve ;
   whereas this must be done by" each Member State as
   and when each of its additional shares is almost
   entirely used up.. and repeated as many times as the
  reserve allows ; whereas the initial and additional
  shares must be available for use until the end oi the-
  quota period ; whereas this method of administrators
  calls for close cooperation between Member States and
  the Commission, which must, n particular, be able to
  observe the extent to which the quota amount is used
  and inform Member States thereof ;
 ---pagebreak---                                                         -  L  -
                w'hereas, if at a specified date in the qusla period, ~
                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
                part of the Community quota remaining unused in
                one Member State when it could be used in others ;
               Whereas since the Kingdom of Belgium, the
                Kingdom of the Netherlands and the Grand Duchy of
                Luxembourg are united in and represented by the
                Benelux Economic Union all transactions concerning
               the    administration     of shares  allocated    to   that
               economic union may be carried out by any one of its
               members,                                                ■
               HAS ADOPTED THIS REGULATION ;
                                         Article /
               1 . From 1 May until 30 June                    » 978, the
               Common Customs Tariff duties in respect of the
               following products originating in CypruSshall be
               partially suspended at the levels shown below within
               the limits' of a Community tariff quota of 41               666
               hectolitres :
Heading
Number                           Description                                       Rate of duty .
22,05   wine of fresh grapes ; grape must with fermentation
        arrested by the addition of alcohol :
        C. Other      :
                  Of an actual alcoholic strength exceeding
                  13° but not exceeding 15° , in containers
            ,     holding :
                  ex a) Two litres or less :
                               - liqueur wines of an actual
                                  alcoholic of 15°                             ,    4.2 u . a . / hi
                  ex b ) More than two litres :
                             . - liqueur wines of an actual                      ,
                        ; ■ . alcoholic of 15°                                      3.3 u . a. / hl
          III . Of an actual alcoholic strength exceeding
                  15° but riot exceeding 18° , in containers
                  holding :
                  a ) Two litres or less :
                        ex 2 . Other :
                           .    - - l taueur                                        5.1 . u , a.7hl
                  p ' n.-jrc t iiatf «. wo l.trs :. ;
                        ex 3 . Other :
                                   - liqueur wines                                  4,2 u,a c / hl
                      Ν
 ---pagebreak---                                                    - 5 -
                       IV . Of an actual alcoholic strength exceeding   .
                              18° but not exceeding 22° , in containers
                              holding :
                              a ) Two litres or less :
                                  ex 2 . Other :
                                            - liqueur wines               5.7 u.a; / hl
                             b ) More than two litres :•
                                  ex 3 . Other :
                                            - liqueur wines               5.7 u . a . / hi
  2.      The Protocol on the definition of the concept of .
  'originating products' and on methods of administra­
   tive cooperation annexed to the Agreement between
   the European Economic Community and Cyprus shall
   be applicable.
   3.     The inclusion of these wines in
   the tariff quota                  shall be conditional on
' iheir being described in thé V.I.I document provided
   for in Régulation (EEC) No 21 15/76 as 'liqueur wincs •
   4.       The inclusion of these wines in the
     tariff quota shall be conditional upon observance of
     the reference price applying to them and production
    of movement certificate A CY 1 .
    5.' The wfnes in question shall benefit from this
     tariff quota on condition that the prices on import
     into the Community are not at any time less than the
     free-at- frontier reference prices referred to in Regula­
     tion (lEEC) NO 2506/75 and subsequent texts which
     apply to such prices.
                               Article 2
      I.    The Community tariff quota referred to in
     Article 1 shall be divided into two tranches.
 ---pagebreak--- 2.     7>?- firrt tranche, arrounting to /                     '37 500
trcs, shall be shared among the Member States ; the
proportions which, subject to Article 5, sha!! be valid
until     30 June        1978, shall be as follows ;
         Bénélux                    '            1   870
         Denmark                                 1   870
         Germany                                 1 870
         France                                  ] 870
         Ireland                           .     3 740
         italy                                   1 870
      • United Kingdom                          24 410
3 . The shares                  fixed        in paragraph 2 shall be increased by
any         part        of the shares allocated under Regulations ( EEC )
Nos 3016/ 77 and 533 / 78 remaining                           • on 30 April 1978 .
        Member States shall notify the Commission not later than
15 May 1978 of any remaining parts of the shares allocated
 to them by -the above-mentioned                                         '    x
 Regulations existing on 30 April 1978 .
4 „ The second tranche , amounting to 4 166 hectolitres,
shall constitute the reserve, to which shall be added any
 parts of the reserves established by Article 2 of Regulation (E
Nos 3016/ 77 and 533 / 78 remaining on 30 April 1978
irrespective of the application of Article 5 .
                                      Article 3
              1.    If 90 % or more of the initial share of a Member
              State, as laid down in Article 2 (2), or 90 % of that
              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 delay, by notifying the Commission, to draw a
              second share equal to 15% of its initial share,
              rounded up to the next unit where appropriate, to the
              extent that the amount in the reserve allows.
              2.    If, after its initial share has been exhausted ,
              90 % or more of the second share drawn by a
              Member State has been -used, that Member State shall
               proceed, in the manner specified in paragraph 1 . to
              draw a- third share equal to 7-5 % of its initial      it,
               rounded up to the next ur.it where app'opri- --, ;c - ne
               extent that the amount in the reserve aiic •
 ---pagebreak---                                       - 7 -
             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 proceed,
             in  the same way, to draw a fourth share equal to the'
             third .
             This process shall be applied until the reserve is
             exhausted .
            4. Notwithstanding the provisions of paragraphs 1 ,
             2 and 3, the Member States may proceed to draw
            shares smaller than those fixed in those paragraphs if
            there is reason to believe that they might not be used
            up. They shall inform the Commission of the reasons
            which led them to apply this paragraph.
                                     Article 4
                                 t
            The additional shares drawn pursuant to Article 3
            shall be valid until 30 June • 1978.
                                     Article 5
 –          Member^States snail return to the reserve, not later
' ^5 June • than I              1978, the unused portion of their
            initial share which, on 10 June             1978, is in
            excess of 20 % of the initial amount. They may return
            a larger portion if there are grounds for believing that
            such portion may not be used in full.
            Each Member State shall, not later than 15 June
            1978, notify the Commission of the total imports of
            the products concerned effected up to 10 June            i
            1978 inclusive, and charged against the Community ,
            quota and, where appropriate, the proportion of its
            initial share that is being returned to the reserve.
                                     Article 6
            The Commission shall keep account of the shares
            opened by Member States in accordance with Articles
            2 and 3 and shall inform each of them of the extent
            to which the reserve has been used as soon as it
            receives "the notifications.
            The Commission shall, not later than 20         June       1978 /
            notify Member States of the amount in the reserve
            after the return of shares pursuant to Article 5. -
            The Commission shall ensure that any drawing which
             uses up the reserve is limited to the balance available
            and, for this purpose, shall specify the amount thereof
             to the Member State which makes the final drawing.
 ---pagebreak---                                                       - 5 -
                                                       Article 7
                                  1.   i he Member Str.tes shall take all appropriate
                                 measures to ensure that, when additional shares are
                                 drawn pursuant to Article 3, it is possible for charges
                                 to be made without interruption against their accumu­
                                 lated shares of the Community quota.
                                      The Member States -shall ensure that importers
                                of the said goods established in their territory have
                                free access to the shares allocated to them.
                                3. The extent to which a Member State has used up
                                its share shall be determined on the basis of the
                                imports of the goods in question entered at customs
                                for home use.
                                                       Article 8
                               On receipt of a request from the Commission,
                               Member States shall inform it of imports actually
                               charged against their shares.
                        Article 9                                                 ■   Article 10
The Member States and the Commission shall coop­
erate closely in order to ensure that this Regulation is       This Regulation shall enter into force on 1 May
observed .                                                     1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels.
                                                                           For the Council
                                                                            The President