CELEX: 51987PC0470
Language: en
Date: 1987-10-16
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for certain wines having a registered designation of origin, falling within subheading ex 22.05 C of the Common Customs Tariff and originating in Tunisia (1987/88) (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 470
Vol. 1987/0240
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
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 Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444    vom   13.   März   2015   über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak---        COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(87 ) 470 final
!                                                   Brussels , 16 October 1987
>
                                        Proposal for a
                                  COUNCIL REGULATION ( EEC )
        opening , allocating and providing for the administration of a Community
     V
             tariff quota for certain wines having a registered designation
              of origin , falling within subheading ex 22.05 C of the Common
                   Customs Tariff and originating in Tunisia ( 1987 / 88 )
                               ( presented by the Commission )
                                                                     Δ
                                                        &
                                                       S
                                                       IO      1 9 ОСТ. Ш7
       C0M(87 ) 470 final                              o                            <c5?
                                                        •Λ        ilsj S..;r<Ltridl
                                                         & O
  •<
 ---pagebreak---                                                                          C ørt ' Hr °
                        EXPIANATORY riPMORAMTXlM
1. Article 3 of the Additional Protocol to the Cooperation Agreement
   between the Eurofiean Economic Community and the Repub L ic of Tunisia
   provides for die opening of .an -annual Oonmunity tariff quota of
   50 000 hi for the duty-free importation into the Coi.nunity of
   certain v/ines having a registered designation of origin falling
   within subheading ex 22.05 C of the COT and originating in
   Tunisia .. These wines must be pat up in containers holding two
   Turnsia
   litres or less .
2. The purpose of this proposal is to open the <]uota in question for
   the period from 1 Nova.ioer 1987 to 31 October 1988 .
3. The proposed tariff arrangements assume the implenoentation prior to
   1 November 1987 of the new Additional Protocol to the EEC -Tunisia
   Agreement and the Protocol to the Cooperation Agreement Ixitween die
   European Economic Community and die Republic of Tunisia consequent
   on die accession of Spain and Portugal to the Community . If If this
                                                                    this
   deadline for implementation should not be met , die Commission
   reserves die option to amend its proposal in the course of the
   procedure so as to adapt it to the former arrangements .
4. The Protocol to the Cooperation Agreement between die EEC and
   Tunisia consequent on the accession of Spain and Poortugal
   stipulates that , from die date of entry into force , Spain should
   apply a duty reducing the gap toetv*aen the rates of basic duty and
   of preferential duty , v/hereas Portugal should defer application of
   the preferential arrangements for die product in question until the
   start of die second stage .
5. It is possible that during the |>eriod of validity of the quota , the
   nomenclature used by the Common Customs Tariff will oe replaced by
   the Camined Nomenclature based on the International Convention on
   the Harmonized Goinnxl Lty Descrijotion and Coding System . Tiis
                                                               This
   proposal already takes account of that possibility by including in
   Article 1 die tariff classifications of die products concerned
   according to both the existing and the future nomenclature .
 ---pagebreak---                                   - 2 -
6. Since in both of die above-mentioned nomenclatures the relevant
   wines having a re<jistered designation of origin fall within an " ex "
   tariff subheading and " ex " codes of the Combined Nomenclature , it
   is necessary to use the TA.RTC code numbers for the description ani
   monitoring of these products .
7. The proposed Regulation makes provision - as is usual - for the
   division of the quota volume into two parts , the first of which is
   a L located as shares among all Member States , while the second
   constitutes a reserve .
   The initial allocation is usually basted on the statistical data for
   the last three years and estimates for the period in question .
   In this case , liowever , neither Comnunlty nor national statistical
   data showing the breakdown for teach of the types of wines in
   tjuestion are available and no estimates can be put forward . In the
   circumstances , initial shares should be established v/hich take into
   account the possibilities of consunption of these wines in each of
   the Meiaber States .
8. It is proposed that the proposaL for a Council Regulation opening
   the Comminity tariff quota described . Uxjve be approved .
 ---pagebreak---                                         Proposai for
                            COUNCIb Rl'ï'illl AI'K )N ( EHC ) Mo
                                              of
  opening , allocating and providing for the administration of a Community
       tariff quota for certain wines having a registered designation of
           origin faLLin within subheading ex 22.05 C of the Customs
                   Tariff and originating in Tunis.ie ( 1007/38 )
THE COUNCIL OF THE Hi JROPEAM COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Gonmunity,
and in particular Article 113 thereof .
Having regard to the profxjsal from the Comnission ,
Whereas Article 3 of the Additional Protocol to the Cooperation Agreement
betv/een the European Economic Connunity arvl the Republic of Tunisia ( 1 )
stiixilates that certain wines having a registered designati'Dn of origin ,
falling within subheading ex 22.05 C of the Canton Customs tariff and
originating in Tunisia , as specified in the Agreement in the fora of an
exchange of letters and produced from tiie 1986 and subsefjuent harvests ,
shall be imported into the Catinunity free of customs duties within the
limits of an annual Comnunity tariff guota of 50 000 hectolitres ;
whereas pending the entry into force of the Additional Protocol it is
necessary to apply the arrangements provided in Council Regulation ( EEC )
No          /87 of               1987 ( 2 );
Wnereas these wines must be pit up in containers holding two litres or
less and must be accompanied either by a certificate of designation of
origin in accordance with the model given in Auiex D to the Agreement in
question , or by way of derogation , by a document V I 1 or an extract V 1
2 annotated in compliance with the provisions of Article 9 of Regulation
(EEC ) No 3590/85 ( 3 ), whereas the Comnunity tariff cjuota in question
should therefore be opened for the period 1 November 1987 to 31 October
1989 ;
Whereas the wines in question are subject to conpliance with the
free-at-frontier reference price ; whereas the wines in question shall
benefit from this tariff quota on condition that Article 54 of Regulation
( EEC ) No 822/74 ( 4 ) is complied with ;
Whereas the Protocol to the Cootaeration Agreement between the European
Econanic Comnunity and the Republic of Tunisia consequent on the
accession of Spain and Portugal ( 5 ) stipulates that Spain shall apply,
from tine date the Protocol enters into force , a duty reducing the gap
between the rate of the basic duty and that of the preferential duty ,
while Portugal shall defer application of the preferential
( 1 ) O.J. Mb L                      . P­
( 2 ) O.J. No T.,     ,            », P p.­
( 3 ) O.J. No L 3. 43 , 20.12.1985 , p. 20
(4 ) O.J. No L 84, 7 . 3.1987, p. 1
( 5 ) O.J. No I,      ,             ,* Pp.­
 ---pagebreak---                                                - 2 -
arrangtsients for the proloots in question until, the otart of the second
staye ; v/horeus tins Regul ition therefore uppLies to the Cuwaunity with
the exception of R>rtugaL ;
Whereas it is possible that during the period of validity of the quota
the nomenclature used by the Garmon Customs Tariff will be replaced by
the Combined Nomenclature bised on the International Convention on the
Harmonized Gormodity Description and Coding Systan ; v/hereas this
regulation must take account of that [xossibility by indicating the
Gombined Nomenclature crxies and , where aj^uopriate , the TARIC code
numbers of the products concerned ;7
             Whereas it is in particular necessary to ensure equal and
              uninterrupted access for all Community importers to the
             abovementioned quota and uninterrupted application of
             the rates laid down for this quota to all imports of the
              products concerned into the Member States until the
             quota has been used up ; whereas a system of using a
             Community tariff quota, based on allocation among the
             Member States, appears likely to comply with the
             Community nature of the said quota having regard to the
             above principles ; whereas, in order to reflect most accura¬
             tely the actual development of the market in the products
             in question , such allocation should be in proportion to
             the requirements of the Member States assessed by
             reference both to the statistics relating to imports of the
             said products from Tunisia over a representative reference-
             period and to the economic outlook for the quota period
             concerned ;
             Whereas 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 allo¬
             cated in initial shares, taking into account demand for
             these wines on the markets of the various Member States ;
             Whereas, to take into account import tiends for the
             products concerned in the various Member States, the
             quota amount should be divided into two parts , the
             first being allocated among the Member States and the
             second held as a reserve intended to cover at a later date
             the requirements of Member StatesWhich have used up
             their initial share ; whereas, in order to guarantee
                                                                -   some
             degree of security to importers in each Member State. '*rt appropriate level for , the
             fiistpart of the Community quota would , in the
              present circumstances , be 4J X of the quota volume ;
 ---pagebreak---                                                                   -2-
                                     Whereas the initial shares of the Member States may not •
                                     be used up at the same rate ; whereas, in order to take this
                                     into account and avoid any break in continuity , any Member State
                                     which has used up almost all its initial share should draw
                                     afurther            share from the reserve ; whereas this
                                     should be done by each Member State each time one of
                                     its additional
                                     its  additional     shares is
                                                         shares   is almost
                                                                      almost used
                                                                               used up,
                                                                                    up, ana
                                                                                        and so
                                                                                             so on
                                                                                                on as
                                                                                                   as
                                     many times as the reserve allows ; whereas the initial and
                                      additional     shares must be valid until the end of the
                                      quota period ; whereas this form of administration
                                      requires close collaboration between the Member States
                                      and the Commission, and the latter                must be in a
                             positioni to
                                        to monitor
                                            monitor       the extent to which the quota volume
                                      has been used up and inform the Member States therof ,
                                      Whereas, if at a given date in the quota period aa Member
                                                                                              Member
                                      States has a considerable quantity of the initial share left
                                      over, it is essential that it should return a significant
                                       proportion thereof to the reserve to prevent 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 within and jointly represented by the Benelux
                                       Economic Union, all transactions concerning the admin¬
                         istration Of the quota . *h.res allocated to that econom.c union
                                       may be carried out by any one of its members,
                                        HAS ADOPTED THIS REGULATION :
                                                                   A rticle I
            1 . From 1 November 1'.'07 to 31 October 1*233 , on import into the Community
                with the exception of Portugal , the customs duty for the following
                products shall be suspended at a level and within the limits of a
                Community tariff quota as follows ( 1 ) :
r
; Order     CCT            Combined                                                                   Amount Q -    Tariff
i No        heading        Nomenclature                                 Description                   tari ff quota quota duty
            No             code                                                                       ( A               <% )
  09.1206   ex 22.05 C     ex 22.04.21-21           Wine of fresh grapes ; grape must with fermen ¬   50 000            f ree
                           ex 22.04.21-23           tation arrested by the addition of alcohol :
                       i ex 22.04.21-31             C. Other :
                       : ex 22.04.21-33
                                                        – Wines entitled to one of the following
                                                            designations of origin :
          \
                                                            Coteaux      de   Tebourba,  Sidi-Salem,
                       ?
                                                            Kelibi.i, Thibar, Mornag, grand cru
          i                                                 Mornag of an actual alcoholic strength
                                                            of 1 5 % vo I or less and in containers
                                                            holding two litres or less origi ¬
                                                            nating in Tunisia
            CD The numbers in the column headed " Combined Nomenclature code "                                    will
                 replace those in the column headed " CCT Heading No " with effect from the
                 date on which the International Convention on the Harmonized Commodity
                 Description and Coding System enters into force .
 ---pagebreak---                                                        -3-
Within the Limits of this tariff quota , the Kingdom of Spain shall
apply customs duties calculated in accordance with the relevant
provisions of the Protocol to the Cooperation Agreement between the
European Economic Community and the Republic of Tunisia consequent
on the accession of Spain and Portugal .
2 . Wines produced from the 1986 or subsequent harvests shall be eligible
    for the tariff quota referred to in paragraph 1 .
3 . The wines in question are subject to compliance with the free-at -
    frontier reference price .
    The wines in question shall be eligible under this tariff quota on
    condition that the provisions of Article 54 of Regulation ( EEC )
    No 822 /87 are complied with .
Each of these wines when imported shall be accompanied either by a
certificate of designation of origin , issued by the relevant Tunisian
authority , in accordance with the model annexed to this Regulation and
certifying in box 16 that the wines have been produced from the 1986
or subsequent harvests , or by a document V I 1 or an extract V I 2
annotated in compliance with the provisions of Article 9 of Regulation
( EEC ) No 3590 / 85 .
                                   Artitle 2
         l.
         1.    The tariff quota referred to in Article
          1 shall be divided into two parts .
         2. The first partof the quota shall be allocated
         amone tne
         among    the McmDer
                      Member oiaies
                                States ,; the shares,, which subject to
                                          me snaica
         Article 5 shall be valid up to .11 October 1988, shall be as
         follows :
                                                  (hectolitres)
                    Benelux                          3 280
                     Denmark                         2 000
                    Germany                          4 000
                    Greece                               640
                    Spain                                640
                    Trance                           4 000
                    Ireland                              800
                    Ita ly                           1 600
                    United Kingdom                   3 040
          13.. The second
               The   second  part
                             part          of the quota, amounting to
        30 000 hectolitres shall constitute the reserve.
 ---pagebreak---                                                   -4-
                                Article 3
    I.
    I.   If 90 % or more of               a Membet
                                            Member State's
                                                     Mates initial
                                                            initial
   share, as specified in Article 2 (2), or of that share less the
   portion returned to the reserve where Article 5 has been
   applied, has been used up, that Member State shall,
   without delay, by notifying the Commission, draw a
   second share equal to 1 5 % of its initial share, rounded
   up where necessary to the next whole number, in so far as
   the amount in the reserve allows.
   2.     If, after its initial share has been used up, 90 % or
   more of the second share drawn by a Member State has
   more
   been used up, that Member State shall, in accordance with
    the conditions laid down in paragraph 1 , draw a third
   share equal to 7,5 % of its initial share, rounded up where
    necessary
    necessary to to the
                    the next
                          next whole
                                wnoie number, in so far as the
    amount in the reserve allows.
         3. If, after its second share has been used up, 90 % or
         more of the third share drawn by a Member State has
         been used up, that Member State shall, in accordance with
         paragraph I , draw a fourth share equal to the third.
         This process shall continue until the reserve is
         used up.
         4.      Notwithstanding paragraphs 1 , 2 and 3, Member
         States may draw smaller shares than those specified in
  these paragraphs if there is reason to believe that they
         might not be used up. They shall inform the Commission
         of their reasons for applying this paragraph.
                                     Article 4
         The additional shares drawn pursuant to Article 3 shall be
         valid until 31 October 1987.
                                     Article J
         Member States shall return to the reserve, not later than 1
         September 198$ the unused portion of their initial share
         which, on 15 August 198$ is in excess of 20 % of the
         initial amount. They may return a greater portion if there
         are grounds for believing that such |>ortion might not be
         used in full .
         Member States shall notify the Commission not later than
         1 September 198 i of the total        quantities of the pro¬
ducts concerned importedunder the Community quota up to
        and including 15 August 1987 and, where appropriate, the
        proportion of their initial share that they are returning to
        the reserve .
                                     Article 6
        The Commission shall keep account of the shares opened
        by Member States pursuant to Articles 2 and 3 and shall
        inform each State of the extent to which the reserve has
        been used up as soon as it has been notified.
        The Commission shall notify the Member States, not later
        than 5 September 191$ , of the state of the reserve after
        the return of shares pursuant to Article 5.
 ---pagebreak---                                                     J
                The Commission shall ensure that the drawing which
                uses up the reserve does rot exceed the balance available and ,
                to this end , shall specify the amount thereof to the
                Member State making the final drawing.
                                         Article 7
                1.    Member States shall take all measures necessary to
                ensure that additional shares drawn pursuant to Article 3
                are opened in such a way that imports may be charged
               without interruption against their acccmulated shares
                 of the Ccmrmnity quota .
                2.    Member States shall ensure that importers of the
                products concerned have free access to the shares allo¬
                cated to them .
                3.    Member States shall charge imports of the products
            concemedagainst their shares as and when the products are
                 entered for free circulation .
               4.     The extent to which a Member State has used up its
               shares shall be determined on the basis of the imports
               charged in accordance with paragraph 3 .
                                        Article 8
               At the request of the Commission, Member States shall
               inform it of imports actually charged against their shares.
                                        Article 9
               The Member States and the Commission shall cooperate
                 closely to ensure that this Regulation is complied with .
                                        Article 10
The Council will , in due time , adopt the necessary adaptations to the
International Convention on the Harmonized Commodity Description and
Coding System with regard both to the coding and description of
commodities .
                                            Article 11
This Regulation shall enter into force on 1 November 1988 .
    This Regulation shall be binding in its entirety and directly applicable in all Member
    States.
    Done at Brussels,
                                                               For the Council
                                                                The President
 ---pagebreak---                                                            ANNEX
   1 . j J ^ I l – Exporter – Exportateur :                       2 r-vJ' – Number – Numéro :
                                                                                                            00000
w
                                                                 3. ( Name of authority guaranteeing the designation of
                                                                      origin)
)
   4 VJ *            1 – Consignée – Destinataire :
i                                                                 5 Vi-eVI <_)l ¿
                                                                      CERTIFICATE OF DESIGNATION OF ORIGIN
                                                                      CERTIFICAT DAPPELLATION D' ORIGINE
   6. JfcJI iJUf – Means of transport – Moyen de
        transport :
                                                                 7 . ( Désignation of origin )
   8. t if* y * u (£• – Place of unloading           Lieu de
       dechargement :
   9.           1      J J*  ■   f ^ ^ !> t      ^ ^ – Marks and numbers, number 10 f l*Jl uiyj 11 . wl^J
        and kind of packages – Marques et numéros, nombre et nature des colis :                Gross weight      Litres
                                                                                               Poids brut        Litres
                                                                    ‘3
  12.          JI i.     j I – Litres (in words) – Litres (en lettres):
                               *
  13 .
        U--JI 4VrJ | ï          I . - Certificate of the issuing authority – Visa de l'organisme émetteur :
  14. Jj L*J I               – Customs stamp – Visa de la
        douane :
                                                                ( See the translation under No IS – Voir traduction au n°
                                                                15)
 ---pagebreak---    16 . We hereby certify that the wine described in this certificate is wine produced within the wine district of
         . and is considered by Tunisian legislation as entitled to the designation of origin ‘ .’
        The alcohol added to this wine is alcohol of vinous origin
        Nous certifions que le vin décrit dans ce certificat a été produit dans la zone de        et est reconnu .
        suivant la loi tunisienne , comme ayant droit é la dénomination d' origine * .        ».
        L' alcool ajouté à ce vin est de l' alcool d' origine vinique .
  16. n
   èj JUfcJ I ijj jJ • ^              I   l       <. UJ • « ~4_* JaüL
C) Space reserved for additional details given in the exporting country
C ) Case réservée pour d'autres indications du pays exportateur.