CELEX: 31985R3387
Language: en
Date: 1985-11-18 00:00:00
Title: Council Regulation (EEC) No 3387/85 of 18 November 1985 opening, allocating and providing for the administration of a Community tariff quota for 'Sljivovica' plum spirit falling within subheading ex 22.09 C IV a) of the Common Customs Tariff and originating in Yugoslavia (1986)

No L 327 / 4                               Official Journal of the European Communities                                    6 . 12 . 85
                                          COUNCIL REGULATION ( EEC ) No 3387 / 85
                                                        of 18 November 1985
               opening, allocating and providing for the administration of a Community tariff quota for
               'Sljivovica' plum spirit falling within subheading ex 22.09 C IV a) of the Common Customs Tariff
                                                and originating in Yugoslavia ( 1986 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             Whereas , in this case , however , neither Community nor
                                                                      national statistics are available and no reliable estimates of
                                                                      future imports can be made ; whereas in these
                                                                      circumstances the quota volumes should be allocated in
Having regard to the Treaty establishing the European                 initial shares , taking into account demand for these
Economic Community , and in particular Article 113                    products on the markets of the various Member States ;
thereof,
Having regard to the proposal from the Commission ,                   Whereas , in order to take into account import trends for
                                                                      the products concerned in the various Member States , the
                                                                      quota amount should be divided into two instalments, the
Whereas Article 21 of the Cooperation Agreement between               first being shared among the Member States and the second
the European Economic Community and the Socialist                     constituting a reserve to cover at a later date the
Federal Republic of Yugoslavia on trade and trade                     requirements of the Member States which have used up
cooperation ( J ) provides that plum spirit , marketed under          their initial quota shares ; whereas , in order to give
the name Sljivovica , falling within subheading ex 22.09 C            importers in each Member State a certain degree of
IV a ) of the Common Customs Tariff and originating in                security , the first instalment of the Community quota
                                                                      should under the circumstances be fixed at 75% of the
Yugoslavia shall be imported into the Community at
customs duties of 0,3 ECU per hectolitre per % volume of              quota volume ;
alcohol plus 3 ECU per hectolitre , within the limits of an
annual Community tariff quota of 5 420 hectolitres ;
whereas these goods must be accompanied by a certificate
of authenticity ; whereas the tariff quota in question should         Whereas the Member States' initial shares may be used up
be opened for 1986 ;                                                  at different times ; whereas , in order to take this fact into
                                                                      account and avoid any break in continuity , any Member
                                                                      State which has almost used up its initial quota share
Whereas , in the absence of a Protocol such as that provided          should draw an additional share from the reserve; whereas
for in Articles 179 and 366 of the Act of Accession of Spain          this must be done by each Member State as and when each
and Portugal , the Community must take the measures                   of its additional shares is almost used up , and repeated as
referred to in Articles 180 and 367 of the said Act ; whereas         many times as the reserve allows ; whereas the initial and
the tariff measure in question therefore applies to the               additional shares must be valid until the end of the quota
Community of Ten ;                                                    period ; whereas this method of administration requires
                                                                      close cooperation between the Member States and the
                                                                      Commission , and the latter must be in a position to
Whereas it is in particular necessary to ensure for all               monitor the extent to which the quota volume has been
Community importers equal and uninterrupted access to                 used up and to inform the Member States thereof;
the abovementioned quota and uninterrupted application
of the rate laid down for that quota to all imports of the
products concerned into all Member States until the quota
has been used up ; whereas , having regard to the above
principles , the Community nature of the quota can be                 Whereas if, at a given date in the quota period , a
respected by allocating the Community tariff quota among              substantial quantity remains unused in any Member State ,
                                                                      it is essential that that Member State should return a
the Member States ; whereas , in order to reflect as
accurately as possible the true trend of the market in the            significant proportion to the reserve to prevent a part of
products in question , such allocation should be in                   any tariff quota from remaining unused in one Member
proportion to the requirements of the Member States ,                 State when it could be used in others ;
calculated by reference to the statistics for imports from
Yugoslavia over a representative reference period and also
to the economic outlook for the quota period in question ;
                                                                      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 , any operation relating to the
(>) OJ No L 41 , 14 . 2 . 1983 , p. 1 .                               administration of the quota shares allocated to that
 ---pagebreak--- 6 . 12 . 85                                 Official Journal of the European Communities                                No L 327 / 5
economic union may be carried out by any of its                        used up , then that Member State shall , in accordance with
members ,                                                              the conditions laid down in paragraph 1 , draw a third
                                                                       share equal to 7,5 % of its initial share .
                                                                       3 . If, after its second share has been used up , 90% or
HAS ADOPTED THIS REGULATION :
                                                                       more of the third share drawn by a Member State has been
                                                                       used up , that Member State shall , in accordance with the
                                                                       conditions laid down in paragraph 1 , draw a fourth share
                              Article 1                                equal to the third .
1 . From 1 January to 31 December 1986 a Community                     This process shall continue until the reserve is used up .
tariff quota of 5 420 hectolitres shall be opened in the
Commifriity of Ten for plum spirit marketed under the
name Sljivovica , in containers holding two litres or less ,           4 . By way of derogation from paragraphs 1 , 2 and 3 , a
falling within subheading ex 22.09 C IV a ) of the Common              Member State may draw shares smaller than those fixed in
Customs Tariff and originating in Yugoslavia .                         those paragraphs if there are grounds for believing that
                                                                       they might not be used up . It shall inform the Commission
2 . Within the limits of this tariff quota the Common                  of its reasons for applying this paragraph .
Customs Tariff duty applicable to these products shall be
suspended at 0,3 ECU per hectolitre per % volume of
alcohol plus 3 ECU per hectolitre .
                                                                                                  Article 4
3 . Such goods , when imported , shall be accompanied by a
certificate of authenticity , issued by the competent
Yugoslav authority , conforming with the model annexed to              The additional shares drawn pursuant to Article 3 shall be
                                                                       valid until 31 December 1986 .
this Regulation .
                              Article 2
                                                                                                  Article 5
1 . A first instalment amounting to 4 060 hectolitres of the
Community tariff quota referred to in Article 1 , shall be             The Member States shall return to the reserve , not later
allocated among the Member States ; the shares which ,                 than 1 October 1986 , such unused portion of their initial
subject to Article 5 , shall be valid until 31 December 1986           share as , on 15 September 1986 , is in excess of 20% of the
shall be as follows :                                                  initial volume . They may return a larger quantity if there
                                                                       are grounds for believing that this quantity may not be
                                                    (hectoliters)      used .
         Benelux                                        200
         Denmark                                        100
         Germany                                      3 735            The Member States shall notify the Commission , not later
         Greece                                            5           than 1 October 1986 , of the total quantities of the products
         France                                            5           in question imported up to 15 September 1986 and charged
         Ireland                                           5           against the tariff quota and of any quantity of the initial
                                                                       shares returned to the reserve .
         Italy                                             5
         United Kingdom                                    5
 2 . The second instalment amounting to 1 360 hectolitres
shall constitute the reserve .
                                                                                                  Article 6
                                                                       The Commission shall keep an account of the shares
                              Article 3                                opened by the Member States pursuant to Articles 2 and 3
                                                                       and , as soon as it is notified , shall inform each Member
 1.  If 90% or more of a Member State's initial share as               State of the extent to which the reserve has been used up .
specified in Article 2 ( 1 ), or 90% of that share minus the
portion returned to the reserve where Article 5 has been                It shall inform the Member States , not later than 5 October
 applied , has been used up , then , to the extent permitted by         1986 , of the amount in the reserve after quantities have
the amount of the reserve , that Member State shall                     been returned thereto pursuant to Article 5 .
forthwith , by notifying the Commission , draw a second
 share equal to 15% of its initial share , rounded up where
 necessary to the next unit .                                           It shall ensure that the drawing which exhausts the reserve
                                                                        does not exceed the balance available and , to this end ,
 2 . If, after its initial share has been used up , 90 % or more        notify the amount of the balance to the Member State
 of the second share drawn by a Member State has been                   making the last drawing .
 ---pagebreak--- No L 327 / 6                              Official Journal of the European Communities                                 6 . 12 . 85
                            Article 7                                                          Article 8
1 . The Member States shall take all measures necessary to           At the Commission's request , the Member States shall
ensure that additional shares drawn pursuant to Article 3            inform it of imports actually charged against their shares .
are opened in such a way that imports may be charged
without interruption against their accumulated shares of
the tariff quota .
2 . The Member States shall ensure that importers of the                                       Article 9
products in question have free access to the shares allocated
to them .
                                                                     The Member States and the Commission shall cooperate
                                                                     closely to ensure that this Regulation is complied with .
3 . The Member States shall charge the imports of the
products concerned against their shares as and when the
products are entered with customs authorities for free
circulation .
4 . The extent to which a Member State has used up its                                        Article 10
share shall be determined on the basis of the imports
charged in accordance with paragraph 3 .                             This Regulation shall enter into force on 1 January 1986 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels , 18 November 1985 .
                                                                                         For the Council
                                                                                           The President
                                                                                          M. FISCHBACH
 ---pagebreak---                      BILAG - ANHANG - ΠΑΡΑΡΤΗΜΑ - ANNEX - ANNEXE - ALLEGATO - BIJLAGE
1  Exporter (name , full address , country)                                   2   No                              ORIGINAL
   Exportateur (nom, adresse complète , pays)
                                                                              3   Quota year                      4    Country of destination
                                                                                  Année contingentare                  Pays de destination
                                                                             6    Issuing authority
5  Consignee (name , full address , country)                                      Organisme émetteur
   Destinataire (nom, adresse complète , pays)
                                                                             7
                                                                                          CERTIFICATE OF AUTHENTICITY
8  Place and date of shipment — Means of transport                                         CERTIFICAT D'AUTHENTICITÉ
   Lieu et date d'embarquement — Moyen de transport
                                                                                                Plum spirit 'èljivoyica'
                                                                                         Eau-de-vie de prunes «Sljivovica»
                                                                              (CCT subheading ex 22 09 C IV a))
                                                                              [Sous-position du TDC : ex 22.09 C IV a)]
9  Marks and numbers — Number and kind of packages                                                                10 4b vol of       11  Litres
   Marques et numéros — Nombre et nature des colis                                                                     alcohol           Litras
                                                                                                                       4b vol
                                                                                                                       d'alcool
12 Oto vol of alcohol and litres ( in words)
   <Vb vol d'alcool et litres (en lettres )
13 CERTIFICATE BY THE ISSUING AUTHORITY — VISA DE L'ORGANISME ÉMETTEUR
   I hereby certify that the plum spirit 'Sljivovica' described in this certificate corresponds with the definition given on the reverse.
   Je certifie que l'eau-de-vie de prunes «Sljivovica» décrite dans ce certificat correspond à la définition figurant au verso.
   Place                                                     Date
   Lieu                                                      Date
                                                                                                       (Stamp and signature)
                                                                                                       (Cachet et signature)
 ---pagebreak---                                        DEFINITION
Plum spirit with an alcoholic strength of 40 % vol or more, marketed under the name
ŠLJIVOVICA, corresponding to the specifications laid down in the Regulation
relating to the quality of spirituous beverages, published in the Official Journal of the
Socialist Federal Republic of Yugoslavia on 7 October 1971 .
                                       DEFINITION
Eau-de-vie de prunes ayant un titre alcoométrique égal ou supérieur à 40 % vol,
commercialisée sous la dénomination ŠLJIVOVICA correspondant à la spécification
reprise dans la réglementation relative à la qualité des boissons alcooliques publiée au
Journal officiel de la république socialiste fédérative de Yougoslavie le 7 octobre 1971 .