CELEX: 31973R3611
Language: en
Date: 1973-12-27 00:00:00
Title: Regulation (EEC) No 3611/73 of the Council of 27 December 1973 opening, allocating and providing for the administration of a Community tariff quota for Madeira wines falling within subheading No ex 22.05 of the Common Customs Tariff, originating in Portugal

No L 365 / 180                         Official Journal of the European Communities                          31 . 12 . 73
                               REGULATION (EEC) No 3611/73 OF THE COUNCIL
                                                    of 27 December 1973
               opening, allocating and providing for the administration of a Community tariff quota
               for Madeira wines falling within subheading No ex 22.05 of the Common Customs Tariff,
                                                   originating in Portugal
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         Whereas available Community statistics give no
                                                                  information on the situation of Madeira wines on the
                                                                  markets; whereas, however, Portuguese statistics for
Having regard to the Treaty establishing the                      exports of these products to the Community during
European Economic Community, and in particular                    the last few years can be considered to reflect
Articles 43 and 113 thereof;                                      approximately the situation of Community imports ;
                                                                  whereas on this basis the corresponding imports by
Having regard to the proposal from the Commission ;               each of the Member States during the last three years
                                                                  represent the following percentages of the imports
Having regard to the Opinion of the European                      into the Community from Portugal of the products
Parliament;                                                       concerned :
Whereas     Article   4   of   Protocol    No    8  to   the
Agreement (*) between the European Economic
Community and the Portuguese Republic provides                                               1970     1971       1972
that customs duties on imports into the Community
of Madeira wines originating in Portugal, falling
within subheading Nos ex 22.05 C III a) 1 , ex 22.05 C                                       21-4
                                                                  Germany                             22-3       23-5
III a) 2 aa), ex 22.05 C IV a) 1 and ex 22.05 C IV a) 2
aa) of the Common Customs Tariff are to be reduced                Benelux                    12-6     14-6       11-9
by 30 % up to a total annual tariff quota of 15 000               France                     40-2     38-6       40-9
hi ; whereas this reduction applies, in the case of the
Community as originally constituted, to the Common                Italy                       1-2      0-9        0-7
Customs Tariff duties and, in the case of the new                 Denmark                    15-9     13-8       13-6
Member States, to such duties as these States apply at
                                                                  Ireland                              0-1
any given moment to imports from third countries ;
                                                                                              —                   —
whereas these wines will remain subject to the                    United Kingdom              8-7      9-7        9-4
provisions governing the common organization of the
market in wine;
Whereas it is in particular necessary to ensure to all
Community importers equal and uninterrupted access                Whereas, in view of these data and the estimates
to the abovementioned quota and uninterrupted                     submitted by certain Member States, initial quota
application of the rates laid down for that quota to              shares may be fixed approximately at the following
all imports of the products concerned into all                    percentages :
Member States until the quota has been used up ;
whereas, having regard to the principles mentioned
                                                                                Germany               22
above, the Community nature of the quota can be
respected by allocating the Community tariff quota
among the Member States ; whereas, in order to                                  Benelux               13
reflect most accurately the actual development of the
market in the products concerned, such allocation                               France                40
should be in proportion to the needs of the Member
States, assessed by reference both to the statistics of                         Italy                  1
each State's imports from Portugal over a
representative period and to the economic outlook                               Denmark               14
for the quota period concerned;
                                                                                Ireland                1
(x) OJ No L 301 , 31 . 12. 1972, p . 165 .                                      United Kingdom         9
 ---pagebreak--- 31.12 . 73                        Official Journal of the European Communities                             No L 365 / 181
Whereas, in order to take into account import trends         2. The Common Customs Tariff duties applicable
for the products concerned in the different Member           to wines imported within this tariff quota shall be
States, the quota amount should be divided into two          suspended at the rates listed below :
instalments, the first instalment being allocated
among the Member States and the second forming a
reserve intended ultimately to cover the requirements                  CCT heading No                  Rate of duty
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 State,        ex 22.05 C III a) 1                       9-4 u.a./hl
the first instalment of the Community quota should           ex 22.05 C III a) 2 aa)                   7-7 u.a. /hl
be determined at a level which, under present
circumstances, may be 90 % of the quota amount;              ex 22.05 C IV a) 1                       10-1 u.a. /hl
                                                             ex 22.05 C IV a) 2 aa)                    8-4 u.a. /hl
Whereas the initial quota shares of the Member
States may be used up at different times; whereas, in
order to take this fact into account and avoid any
break in continuity, any Member State having used            3 . Within the limits of these tariff quotas, the new
up almost the whole of its initial quota share should        Member States apply the duties calculated in
draw an additional quota share from the reserve ;             accordance with the relevant provisions set out in
whereas this must be done by each Member State               Protocol No 8 annexed to the Agreement and in the
when each of its additional quota shares is almost           Act of Accession .
entirely used up, and repeated as many times as the
reserve allows ; whereas the initial and additional          4. This tariff quota shall be allocated and
quota shares must be available for use until the end of       administered as provided hereunder.
the quota period ; whereas this method of
administration calls for close cooperation between
Member States and the Commission, which must, in                                      Article 2
particular, be able to observe the extent to which the
quota amount is used and inform Member States                 1.    The tariff quota referred to in Article 1 shall be
thereof;                                                      divided into two instalments .
Whereas if, at a specified date in the quota period, a        2. A first instalment, amounting to 13 500
 considerable balance of the initial share remains in         hectolitres of this quota, shall be shared among the
one or other Member State it is essential that that           Member States ; the shares which, subject to Article 5
Member State pays a large amount of it back into the          shall be valid until 31 December 1974, shall consist of
 reserve, in order to avoid a part of the Community           the following amounts :
 quota remaining unused in one Member State when
 it could be used in others;                                                                   (in hectolitres)
 Whereas, since the Kingdom of Belgium, the                                   Germany              2 970
 Kingdom of the Netherlands and the Grand Duchy of                            Benelux               1 760
 Luxembourg are united in and represented by the
Benelux Economic Union, all transactions concerning                           France               5 400
 the administration of shares granted to the
 abovementioned Economic Union may be carried out                             Italy                   130
 by any of its members,                                                       Denmark               1 890
                                                                              Ireland                 130
 HAS ADOPTED THIS REGULATION :                                                United Kingdom        1220
                                                              3.    The second instalment of the quota, amounting
                        Article 1                             to 1 500 hectolitres, shall constitute the reserve.
 1 . For the period from 1 January 1974 to 31
 December 1974, a Community tariff quota of 15 000                                    Article 3
 hi shall be opened within the European Economic
 Community, for Madeira originating in Portugal,              1.    If 90 %     or more of the initial share of a
 falling within subheading Nos ex 22.05 C III a) 1 , ex       Member State, as laid down in Article 2 (2), or 90 %
 22.05 C III a) 2 aa), ex 22.05 C IV a) 1 and ex 22.05        or more of that share less the amount returned into
 C IV a) 2 aa) of the Common Customs Tariff.                  the reserve, where the provisions of Article 5 have
 ---pagebreak---   No L 365 / 182                     Official Journal of the European Communities                              31 . 12 . 73
 been applied, has been exhausted, that Member State                                    Article 6
 shall proceed without delay, by notifying the
 Commission, to draw a second share equal to 15 %                The Commission shall keep account of the shares
 of its initial share, rounded up to the next unit where        opened by Member States in accordance with Articles
 appropriate, to the extent that the amount in the              2 and 3 and shall inform each of them of the extent
 reserve allows .                                                to which the reserve has been used as soon as it
                                                                receives the notifications .
 2. If, after its initial share has been exhausted,
 90 % of the second share drawn by a Member State               The Commission shall, not later than 15 October
 has been used, that Member State shall proceed, in              1974, notify Member States of the amount in the
 the manner specified in paragraph 1 , to draw a third          reserve after the return of shares pursuant to Ar­
 share equal to 7-5 % of its initial share rounded up to        ticle 5 .
 the next unit where appropriate, to the extent that
 the amount in the reserve allows .
                                                                The Commission shall ensure that any drawing
                                                                which uses up the reserve is limited to the balance
 3.     If, after its second share has been exhausted,          available and, for this purpose, shall specify the
                                                                amount thereof to the Member State which makes
 90 % or more of the third share drawn by a Member
 State has been used, that Member State shall proceed,          the final drawing.
 in the manner specified in paragraph 1 , to draw a
 fourth share equal to the third.
                                                                                        Article 7
 This process shall be applied until the reserve is              1 . The Member States shall take all appropriate
 exhausted.                                                     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
 4. Notwithstanding paragraphs 1 , 2 and 3 , the                accumulated shares of the Community tariff quota.
 Member States may proceed to draw shares smaller
 than those fixed in those paragraphs, if there is
 reason to believe that those shares might not be used          2.    The Member States shall ensure that importers
 up. They shall inform the Commission of the reasons            of the said goods established in their territory have
 which led them to apply this paragraph.                        free access to the shares allocated to them .
                                                                3.    The extent to which a Member State has used
                                                                up its shares shall be determined on the basis of the
                          Article 4                             imports originating in Portugal as and when the
                                                                goods are entered for home use.
 The additional shares drawn pursuant to Article 3
 shall be valid until 31 December 1974.
                                                                                        Article 8
                                                               Member States shall inform the Commission at
                          Article 5                            regular intervals of imports of the products
                                                               concerned actually charged against their shares .
If, by 15 September 1974 a Member State has not
 used up its initial share, it shall, not later than
 10 October 1974 return the unused portion of this                                      Article 9
share in excess of 20 % of the initial amount. It may
return a larger quantity if there are reasons to consider       The    Member States      and the    Commission      shall
that such quantity might not be used.                          cooperate closely in order to ensure that the
                                                               provisions of this Regulation are observed.
The Member States shall, not later than 10 October
1974 notify the Commission of the total imports of
the products concerned effected up to 15 September                                     Article 10
1974 inclusive and charged against the Community
quota and, where appropriate, the proportion of their          This Regulation shall enter into force on 1 January
initial share that is being returned to the reserve.           1974.
 ---pagebreak--- 31 . 12 . 73                      Official Journal of the European Communities                    No L 365 / 183
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 27 December 1973 .
                                                                             For the Council
                                                                              The President
                                                                             Ove GULDBERG