CELEX: 31976R3088
Language: en
Date: 1976-12-13
Title: Council Regulation (EEC) No 3088/76 of 13 December 1976 opening, allocating and providing for the administration of Community tariff quotas for Setubal muscatel wines, falling within heading No ex 22.05 of the Common Customs Tariff, originating in Portugal (1977)

18 . 12. 76                         Official Journal of the European Communities                          No L 348 /9
                                    COUNCIL REGULATION (EEC) No 3088/76
                                                  of 13 December 1976
               opening, allocating and providing (or the administration of Community tariff
               quotas for Setubal muscatel wines, falling within heading No ex 22.05 of the
                             Common Customs Tariff, originating in Portugal ( 1977)
THE COUNCIL OF THE EUROPEAN                                    countries and from 1 July 1977 to the Common
 COMMUNITIES,                                                  Customs Tariff duties ; whereas these wines will
                                                               remain subject to the provisions governing the
                                                               common organization of the market in wine ;
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Articles 43             Whereas it is in particular necessary to ensure for all
 and 113 thereof,                                              Community importers equal and uninterrupted access
                                                               to the abovementioned quotas and uninterrupted
                                                               application of the rates laid down for these quotas to
                                                               all imports of the products concerned into all Member
 Having regard to the proposal from the Commission,            States until the quotas have been used up ; whereas,
                                                               having regard to the principles mentioned above, the
                                                               Community nature of the quotas can be respected by
                                                               allocating the Community tariff quota among the
 Having regard to the opinion of the European Parlia­          Member States ;
 ment (*),
                                                               Whereas, in order to reflect most accurately the actual
Whereas Article 4 of Protocol 8 to the Agreement               development of the market in the products concerned,
between the European Economic Community and the                such allocation should be in proportion to the needs
 Portuguese Republic (2), as amended by the Interim            of the Member States, assessed by reference both to
Agreement between the European Economic Commu­                 the statistics of each State's imports from Portugal
nity and the Portuguese Republic (3), provides that            over a representative period and to the economic
customs duties on imports into the Community of                outlook for the quota period concerned ;
certain wines originating in Portugal, shall be
reduced :
                                                               Whereas available Community statistics give no infor­
                                                               mation on the situation of Setubal muscatel wines on
     by 60 % in the case of the duties applicable to           the markets ; whereas, however, Portuguese statistics
     Setubal muscatel wines falling within subheadings         for exports of these products to the Community
     ex 22.05 C III a) 1 and ex 22.05 C IV a) 1 of the         during the past three years can be considered to
      Common Customs Tariff, up to a total annual              reflect approximately the situation of Community
     tariff quota of 1 000 hi, and                             imports ; whereas on this basis the corresponding
                                                               imports by each of the Member States for the past
     by 50 % in the case of the duties applicable to           three years represent the following percentages of the
     Setubal muscatel wines falling within subheadings         imports into the Community from Portugal of the
     ex 22.05 C III b) 1 and ex 22.05 C IV b) 1 of the         products concerned :
     Common Customs Tariff up to a total annual tariff
     quota of 2 000 hi ;
                                                                                             1973     1974     1975
                                                               Setúbal muscatel wines :
Whereas this reduction applies, in the case of the             — in receptables contain­
Community as originally constituted, to the Common                 ing two litres or less :
Customs Tariff duties ; whereas in the case of the new
                                                                   — Benelux                   8       30
Member States, this reduction applies up to and                    — Denmark                   4                20
including 30 June 1977 to such duties as these States
                                                                                                      —
                                                                   — Germany                  34       50       80
apply at any given moment to imports from third                    — France                  —        —         —
                                                                   — Ireland                   4      —         —
(') OJ No C 259, 4. 11 . 1976, p. 37.                              — Italy                   —
                                                                                                       20       —
(2) OJ No L 301 , 31 . 12. 1972, p. 165.                           — United Kingdom           50      —         —
(J) OJ No L 266, 29. 9. 1976, p. 2.
 ---pagebreak--- No L 348 / 10                       Official Journal of the European Communities                                     18 . 12. 76
                                                                 end of the quota period ; whereas this method of
                              1973            1974         1975  administration calls for close cooperation between
                                                                 Member States and the Commission, which must, in
— in receptacles contain­
                                                                 particular, be able to observe the extent to which the
    ing more than two                                            quota amounts are used and inform Member States
    litres :                                                     thereof ;
    — Benelux                  25              70
    — Denmark                 —               —             —
                                                                 Whereas if, at a specified date in the quota period, a
    — Germany                 —               —             —
                                                                 considerable balance of one of the initial quota shares
    — France                  —               —             —
                                                                 remains in one or other Member State it is essential
    — Ireland                  —              —             —    that that Member State pays a large amount of it back
    — Italy                    -—             —             —
                                                                 into the reserve, in order to avoid a part of one or
    — United Kingdom           75              30           —
                                                                 other of the Community quotas remaining unused in
                                                                 one Member State when it could be used in others ;
                                                                 Whereas, since the Kingdom of Belgium, the
Whereas, in view of these data and the estimates                 Kingdom of the Netherlands and the Grand Duchy of
submitted by certain Member States, initial quota                Luxembourg are united in and represented by the
shares may be fixed approximately at the following               Benelux Economic Union, all transactions concerning
percentages :                                                    the administration of shares granted to the abovemen­
                                                                 tioned economic union may be carried out by any of
                                      Setúbal muscatel wines     its members,
                                     in receptacles containing
                                   two litres         more than
                                    or less           two litres
                                                                 HAS ADOPTED THIS REGULATION
Benelux                                20                 20
Denmark                                 5                   5
Germany                                20                 20                               Article 1
France                                 20                 20
Ireland                                 5                   5    1 . For the period from 1 January to 31 December
Italy                                  10                 10
                                                                 1977, Community tariff quotas shall be opened for
United Kingdom                         20                 20
                                                                 products originating in Portugal, and within the limits
                                                                 listed below :
                                                                             CCT                                      Quota
Whereas, in order to take into account import trends                      heading No           Description           amount
for the products concerned in the different Member
States, each of the quota amounts should be divided                                        ) Setúbal
                                                                 ex 22.05 C III a) 1                               1 000 hi
into two instalments, the first instalment being allo­           ex 22.05 C IV a) 1        v muscatel wines
cated among the Member States and the second
                                                                 ex 22.05 C III b) 1       i Setúbal
forming a reserve intended ultimately to cover the                                                                 2 000 hi
                                                                 ex 22.05 C IV b) 1        ) muscatel wines
requirements of the Member States which have used
up their initial quota shares ; whereas, in order to
ensure a certain degree of security for importers in             2.    The Common Customs Tariff duties on wines
each Member State, the first instalment of the
Community quotas should be determined at a level                 imported within these tariff quotas shall be suspended
                                                                 at the rates listed below :
which, under present circumstances, may be 90 % of
each of the quota amounts ;
                                                                            CCT heading No                 Rate of duty
Whereas the initial quota shares of the Member States            ex  22.05  C  III  a) 1                   5-4 u.a./hl
may be used up at different times ; whereas, in order            ex  22.05  C  IV   a) 1                   5-8  u.a./hl
to take this fact into account and avoid any break in            ex  22.05  C   III b)  1                  5-5  u.a./hl
continuity, any Member State having used up almost               ex  22.05  C   IV  b)  1                  6Ό   u.a./hl
the whole of any one of its initial quota shares should
draw an additional quota share from the corres­
ponding reserve ; whereas this must be done by each              3 . Within the limits of these tariff quotas and up to
Member State when each of its additional quota shares            and including 30 June 1977, the new Member States
is almost entirely used up, and repeated as many times           shall apply the duties calculated in accordance with
as the reserve allows ; whereas the initial and addi­            the provisions set out in Protocol 8 annexed to the
tional quota shares must be available for use until the          Agreement and in the Act of Accession .
 ---pagebreak--- 18 . 12. 76                            Official Journal of the European Communities                              No L 348/ 11
                         Article 2                                      4. Notwithstanding paragraphs 1 , 2 and 3, the
                                                                        Member States may proceed to draw shares smaller
1.    The tariff quotas laid down in Article 1 shall be                 than those fixed in those paragraphs if there is any
divided into two instalments .                                          reason to believe that those shares might not be used
                                                                        up. They shall inform the Commission of the reasons
   M
                                                                        which led them to apply this paragraph .
2. A first instalment of each quota shall be shared
among the Member States ; the shares which, subject
to Article 5, shall be valid until 31 December 1977
                                                                                                Article 4
shall consist of the following amounts :
                                                       (in hectolitres) Each    of the  additional   shares drawn pursuant   to
                                                                        Article 3 shall be valid until 31 December 1977.
                          Setúbal muscatel wines under subheadings
                          ex 22.05 C 111 a) 1   ex 22.05 C III b) 1
                                  and                   and
                          ex 22.05 C IV a) 1    ex 22.05 C IV b) 1                              Article 5
Benelux                           180                  360              The Member States shall return to the reserve, not
Denmark                            45                    90             later than 1 October 1977, the unused portion of their
Germany                           180                  360              initial share which, on 15 September 1977, is in
France                            180                  360
                                                                        excess of 20 % of the initial amount. They may return
Ireland                            45                    90
                                                                        a larger quantity if there are reasons to believe that
Italy                              90                   180
                                                                        such quantity might not be used.
United Kingdom                    180                  360
                  Total          900                 1 800              The Member States shall, not later than 1 October
                                                                        1977, notify the Commission of the total imports of
                                                                        the products concerned effected up to 15 September
                                                                        1977 inclusive and charged against the Community
3 . The second instalment of each quota, 100 hectol­                    quotas and, where appropriate, the proportion of their
itres and 200 hectolitres respectively, shall constitute                initial shares that is being returned to each reserve.
the reserve .
                                                                                                Article 6
                         Article 3
                                                                        The Commission shall keep account of the shares
1.    If 90 % or more of one of the initial shares of a                 opened by Member States in accordance with Articles
Member State, as laid down in Article 2 (2) or 90 % or                  2 and 3 and shall inform each of them of the extent
more of that share less the amount returned into the                    to which the reserves have been used as soon as it
reserve, where the provisions of Article 5 have been                    receives the notifications .
applied, has been exhausted, that Member State shall
proceed without delay, by notifying the Commission,                     The Commission shall, not later than 5 October 1977,
to draw a second share equal to 1 5 % of its initial                    notify Member States of the amount in each reserve
share, rounded up to the next unit where appropriate,                   after the return of shares pursuant to Article 5.
to the extent that the amount in the reserve allows .
                                                                        The Commission shall ensure that any drawing which
2.    If, after one or other of its initial shares has been             uses up any reserve is limited to the balance available
exhausted, 90 % or more of the second share drawn                       and for this purpose, shall specify the amount thereof
by a Member State has been used, that Member State                      to the Member State which makes the final drawing.
shall proceed in the manner specified in paragraph 1
to draw a third share equal to 7-5 % of its initial
share, rounded up to the next unit where appropriate,                                           Article 7
to the extent that the amount in the reserve allows .
                                                                        1.    The Member States shall take all appropriate
3.    If, after one of its second shares has been                       measures to ensure that, when additional shares are
exhausted, 90 % or more of the third share drawn by                     drawn pursuant to Article 3, it is possible for charges
a Member State has been used, that Member State                         to be made, without interruption, against their accu­
shall proceed in the manner specified in paragraph 1 ,                  mulated shares of the Community tariff quotas.
to draw a fourth share equal to the third.
                                                                        2. The Member States shall ensure that importers
This process shall be applied unti 1 the reserve is                     of the said goods established in their territory have
exhausted .                                                             free access to the shares allocated to them .
 ---pagebreak--- No L 348/ 12                      Official Journal of the European Communities                          18 . 12. 76
3.    The extent to which a Member State has used up                               Article 9
its shares shall be determined on the basis of the
imports originating in Portugal as and when the goods       The Member States and the Commission shall coop­
are entered for home use .                                  erate closely in order to ensure that the provisions of
                                                            this Regulation are observed.
                       Article 8
                                                                                   Article 10
At the Commission s request Member States shall
inform it of imports of the products concerned actu­        This Regulation shall enter into force on 1 January
ally charged against their shares.                           1977 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 13 December 1976.
                                                                        For the Council
                                                                         The President
                                                                       M. van der STOEL