CELEX: 31987R4171
Language: en
Date: 1987-12-21 00:00:00
Title: Council Regulation (EEC) No 4171/87 of 21 December 1987 opening, allocating and providing for the administration of a Community tariff quota for wine of fresh grapes, falling within subheadings 2204 21 25, 2204 21 29, ex 2204 21 35 or ex 2204 21 39 of the combined nomenclature and originating in Cyprus (1988)

No L 398 / 20                            Official Journal of the European Communities                                  31 . 12 . 87
                                        COUNCIL REGULATION (EEC) No 4171 /87
                                                      of 21 December 1987
                 opening, allocating and providing for the administration of a Community tariff quota for
                 wine of fresh grapes, falling within subheadings 2204 21 25, 2204 21 29, ex 2204 21 35 or
                      ex 2204 21 39 of the combined nomenclature and originating in Cyprus ( 1988)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            based     on   the    International     Convention   on     the
                                                                    Harmonized Commodity Description and Coding
                                                                    System ; whereas this Regulation must take account of
Having regard to the Treaty establishing the European               that fact by indicating the combined nomenclature codes
Economic Community, and in particular Article 113                   and, where appropriate, the Taric code numbers within
thereof,                                                            which the said products fall ;
Having regard to the proposal from the Commission,                  Whereas the wine in question is subject to the free-at­
                                                                    frontier reference price ; whereas, in order that such wine
                                                                    may qualify for this tariff quota, Article 54 of Regulation
Whereas the Agreement establishing an Association                   (EEC) No 822/87 (}), as last amended by Regulation
between the European Economic Community and the                     (EEC) No 3992/ 87 (4), must be complied with ;
Republic of Cyprus, supplemented by the Protocol laying
down the conditions and procedures for the implemen­
tation of the second stage of the Agreement and
adapting certain provisions thereof (*), provides for the           Whereas equal and continuous access to the quota
opening of an annual Community tariff quota of 35 000               should be ensured for all Community importers and the
hectolitres for certain wines of fresh grapes falling within        rates laid down for the quota should be applied consist­
subheadings 2204 21 25 , 2204 21 29, ex 2204 21 35 or ex            ently to all imports of the products in question into all
2204 21 39 of the combined nomenclature, in containers              the Member States until the quota is exhausted ; whereas,
holding 2 litres or less, and originating in Cyprus ;               in the light of these principles, allocation of the tariff
                                                                    quota among the Member States would seem to preserve
                                                                    the Community nature of the quota ; whereas in order to
                                                                    correspond as closely as possible to the real trend of the
Whereas this volume is subject to an annual increase of             market for the product in question the allocation should
5 % from the entry into force of the Protocol, and will             reflect the requirements of the Member States based on
therefore, pursuant to Article 18 of the Protocol in                statistics of imports of the said products from Cyprus
question, be 36 750 hectolitres in 1988 ; whereas, within           during a representative reference period and on the
the limits of the tariff quota, customs duties are to be            economic outlook for the quota period in question ;
abolished progressively according to the same timetables
and under the same conditions as laid down in Articles 5
and 16 of the said Protocol ; whereas, however, the
Protocol to the Association Agreement between the                   Whereas, however, there are no Community or national
European Economic Community and the Republic of                     statistics concerning the wine in question and no reliable
Cyprus consequent on the accession of the Kingdom of                forecast of imports can be made ; whereas under these
Spain and the Portuguese Republic to the Community (2)              circumstances it seems appropriate to divide the volume
stipulates that the Kingdom of Spain shall apply, from              into initial quota shares allowing for the capacity of the
the date it enters into force, a duty reducing the gap              markets of the different Member States to absorb the
between the rate of the basic duty and that of the pref­            wine in question ;
erential duty, while the Portugese Republic shall defer
application of the preferential arrangements for the
products in question until the start of the second stage ;          Whereas, to allow for the trend of imports of the
                                                                    products concerned in the various Member States, the
                                                                    quota volume should be divided into two parts, the first
Whereas, therefore, this Community tariff quota should              being allocated among the Member States and the
be opened for 1988 ;                                                second held as a reserve to cover any subsequent
                                                                    requirements of Member States which have used up their
                                                                    initial share ; whereas, to afford importers in each
Whereas from the date on which the said quota is                    Member State some degree of certainty, an appropriate
opened, the nomenclature used in the Common Customs                 level for the first part of the Community quota would, in
Tariff will be replaced by the combined nomenclature                the present circumstances, be 67 % of the quota volume ;
O OJ No L 393, 31 . 12. 1987, p. 2.                                 O OJ No L 84, 16. 3 . 1987, p. 1 .
(J) OJ No L 393, 31 . 12. 1987, p. 37.'                             (4) OJ No L 377, 31 . 12 . 1987, p. 20.
 ---pagebreak--- 31 . 12 . 87                            Official Journal of the European Communities                                 No L 398 / 21
Whereas the initial shares of the Member States may be                 to the corresponding reserve in order to prevent part of
used up at different rates ; whereas, in order to avoid any            the Community tariff quota from remaining unused in
break in the continuity of supplies on this account, it                one Member State when it could be used in others ;
should be provided that any Member State which has                     Whereas since the Kingdom of Belgium, the Kingdom of
almost used up its initial share should draw an additional             the Netherlands and the Grand Duchy of Luxembourg
share from the coresponding reserve ; whereas each time                 are united within and jointly represented by the Benelux
its additional share is almost used up a Member State                   Economic Union, any operation concerning the adminis­
should draw a further share and so on as many times as                  tration of the quota shares allocated to that economic
the reserve allows ; whereas the initial and additional                 union may be carried out by any one of its members,
shares must be valid until the end of the quota period ;
whereas this form of administration requires close                      HAS ADOPTED THIS REGULATION :
cooperation between the Member States and the
Commission and the latter must be able to monitor the                                           Article 1
extent to which the quota volume has been used up and
inform the Member States accordingly;                                    1 . From 1 January to 31 December 1988 the customs
                                                                        duty applicable to imports into the Community, with the
Whereas if at a given date in the quota period a                        exception of Portugal, of the following products orig­
considerable quantity of a Member State's initial share                 inating in Cyprus shall be suspended at the level
remains unused, it is essential that the Member State                   indicated and within the limits of a Community tariff
concerned should return a significant proportion thereof                quota as shown below :
                                                                                                Volume of
    Order                                                                                                           Quota duty
                  CN code                                 Description                              quota
     No                                                                                             (hi)
                                  Wine of fresh grapes, including fortified wines ; grape
                                  must other than that of heading No 2009 :
                                  — Other wine, grape must with fermentation prevented
                                    or arrested by the addition of alcohol :
                                  — In containers holding 2 litres or less :
                                       Other :
                                         Of an actual alcoholic strength by volume not
                                         exceeding 13 % vol :                                     36 750
                                           Other :                                                              3,6 ECU/hl :
                                                                                                                from 1 January to
                                                                                                                29 February
 09.1415         2204 21 25                  White
                 2204 21 29                   Other                                                             3,2 ECU/hl :
                                                                                                                from 1 March
                                                                                                                to 31 December
                                          Of an actual alcoholic strength by volume
                                          exceeding 13 % vol but not exceeding 15 % vol :
                                            Other                                                               4,2 ECU/hl :
                                                                                                                from 1 January
                                                                                                                to 29 February
             ex 2204 21 35                    White :
                                              — Other than liqueur wines of an actual
                                                alcoholic strength of 15 % vol
              ex 2204 21 39                   Other :                                                            3,8 ECU/hl :
                                                                                                                 from 1 March
                                              — Other than liqueur wines of an actual                            to 31 December
                                                alcoholic strength of 15 % vol                              •
  2. The wine in question shall be subject to the free-at­                the following quota shares shall be valid until 31
  frontier reference price. In order that such wines may                  December 1988 :
  qualify for this tariff quota, Article 54 of Regulation
  (EEC) No 822/ 87 must be complied with.                                                                          (hectolitres)
                                                                                Benelux                                    540
                                                                                Denmark                                  1 470
                            Article 2                                           Germany                                  1 710
                                                                                Greece                                       70
  1.     The tariff quota referred to in Article 1 shall be                                                                  70
  divided into two parts .
                                                                                Spain
                                                                                France                                       70
                                                                                Ireland                                    880
                                                                                Italy                                        70
  2. An initial part of 24 620 hectolitres shall be
  allocated among the Member States ; subject to Article 5,                     United Kingdom                         19 740
 ---pagebreak---  No L 398 / 22                            Official Journal of the European Communities                                31 . 12 . 87
 3.     The second part of the quota, amounting to 12 130             1988 and charged against the Community quota and of
 hectolitres, shall constitute the reserve .                         any portion of their initial share that they are returning
                                                                     to the reserve .
                              Article 3
 1.     If a Member State has used 90 % or more of its                                         Article 6
 initial share as specified in Article 2 (2), or of that share       The Commission shall keep account of the shares drawn
 less any portion returned to the reserve pursuant to                by Member States pursuant to Articles 2 and 3 and shall
 Article 5, it shall forthwith, by notifying the Commission          inform each Member State of the extent to which the
 and to the extent that the reserve so permits, draw a               reserve has been used up as soon as it has been notified.
 second share equal to 15 % of its initial share, rounded
 up where necessary to the next whole number.                        It shall inform the Member States not later than 5
                                                                     October 1988 of the state of the reserve following any
 2.     If, after its initial quota share has been used up, a        return of quota shares pursuant to Article 5.
 Member State has used 90 % or more of its second share              It shall ensure that the drawing which exhausts the
 as well, it shall forthwith, using the procedure provided           reserve does not exceed the balance available, and to this
 for in paragraph 1 and to the extent that the reserve so            end shall notify the amount of that balance to the
 permits, draw a third share equal to 7,5 % of the initial           Member State making the final drawing.
 share, rounded up where necessary to the next whole
 number.
                                                                                               Article 7
 3.    If, after its second share has been used up, a                1 . Member States shall take all appropriate measures
Member State has used 90 % or more of its third share,              to ensure that additional drawings of shares pursuant to
it shall, using the procedure provided for in paragraph 1 ,         Article 3 enable imports to be charged without inter­
draw a fourth share equal to the third.                             ruption against their accumulated shares            of the
                                                                    Community tariff quota.
This process shall continue until the reserve is used up.
4. By way of derogation from paragraphs 1 , 2 and 3,                2. Member States shall ensure that' importers of the
Member States may draw smaller shares than those                    products concerned have free access to the quota shares
                                                                    allocated to them .
specified in the said paragraphs if there is reason to
believe that they might not be used in full. Member
States shall inform the Commission of their reasons for             3 . The extent to which a Member State has used up
applying this paragraph.                                            its shares shall be determined on the basis of the imports
                                                                    of the goods in question entered with the customs auth­
                                                                    orities for free circulation .
                              Article 4
Additional shares drawn pursuant to Article 3 shall be                                         Article 8
valid until 31 December 1988 .
                                                                    At the request of the Commission, Member States shall
                              Article 5                             inform it of imports actually charged against their quota
                                                                    shares .
By 1 October 1988 at the latest Member States must
return to the reserve the unused portion of their initial                                     Article 9
share which, on 15 September 1988 , is in excess of 20 %
of the initial volume. They may return a greater portion            The Member States and the Commission shall cooperate
if there is reason to believe that it might not be used.            closely to ensure that this Regulation is complied with.
By 1 October 1988 at the latest Member States must
                                                                                              Article 10
notify the Commission of the total quantities of the
products concerned imported on or before 15 September               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