CELEX: 31977R2763
Language: en
Date: 1977-12-05 00:00:00
Title: Council Regulation (EEC) No 2763/77 of 5 December 1977 opening, allocating and providing for the administration of a Community tariff quota for wines from fresh grapes and grape must with fermentation arrested by the addition of alcohol, falling within heading No 22.05 of the Common Customs Tariff, originating entirely in Greece

15. 12. 77                           Official Journal of the European Communities                           No L 320/ 1
                                                             I
                                          (Acts whose publication is obligatory)
                                    COUNCIL REGULATION (EEC) No 2763/77
                                                  of 5 December 1977
              opening, allocating and providing for the administration of a Community tariff
              quota for wines from fresh grapes and grape must with fermentation arrested by
              the addition of alcohol , falling within heading No 22.05 of the Common
                                   Customs Tariff, originating entirely in Greece
THE COUNCIL OF THE EUROPEAN                                     tics relating to imports from Greece over a representa­
COMMUNITIES,                                                    tive period, and to the economic outlook for the quota
                                                                period concerned ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43                Whereas, on the basis of the statistics at present avail­
and 1 1 3 thereof,                                              able, imports from Greece into the Member States in
                                                                1974, 1975 and 1976 of the product concerned have
                                                                developed as follows and represent the following
Having regard to the proposal from the Commission,              percentages of total imports into the Community :
                                                                             Member States       1974      1975     1976
Having regard to the opinion of the European Parlia­
ment ('),                                                       Benelux                         55-02     66-66    73-31
                                                                Denmark                          005       0-11     0-1 1
                                                                Germany                         37-04     26-46    22-35
Whereas, pending a decision by the Association                  France                           6-21      6-00     3-35
Council pursuant to Article 35 or 36 ( 1 ) of the EEC­          Ireland                          005       0-02     001
Greece Association Agreement, a Community tariff                Italy                            0-14      0-02     0-02
quota of 430 000 hectolitres should be opened at a              United Kingdom                    1-49     0-71     0-85
reduced duty in 1978 for wines from fresh grapes and
grape must with fermentation arrested by the addition
of alcohol, originating entirely in Greece, complying           Whereas, taking into account these figures and the
with Regulation (EEC) No 816/70 and in particular               foreseeable development of the market in the product
with Article 9 thereof ; whereas it is necessary in these       concerned during 1978 , the initial shares in the
circumstances to open the Community tariff quota as             volume of the quota may be fixed approximately at
 from 1 January 1978 ;                                          the following percentages :
                                                                         Benelux                            62-91
Whereas it is in particular necessary to guarantee all                   Denmark                              0-52
 importers of the Member States equal and uninter­
                                                                         Germany                            29-35
 rupted access to the said quota and uninterrupted                       France                               4-43
application of the rate laid down for that quota to all                  Ireland                              0-35
 imports into such States of the products concerned
                                                                         Italy                                0-35
 until the quota has been used up ; whereas, having                      United                               209
 regard to the above principles, the Community nature
 of the quota can be respected by allocating the
 Community tariff quota among the Member States ;               Whereas, in order to take into account the import
 whereas, to reflect most accurately the actual develop­        trends for the product concerned in the Member
 ment of the market in the products concerned, such             States, the quota volume should be divided into two
 allocation should be in proportion to the needs of the         tranches, the first tranche being allocated among the
 Member States, assessed by reference both to the statis­       Member States and the second forming a reserve
                                                                intended ultimately to cover the requirements of the
(') OJ No C 266, 7 . 11 . 1977, p. 45 .                         Member States, should their initial share be used up ;
 ---pagebreak--- No L 320/2                           Official Journal of the European Communities                                15 . 12. 77
whereas, in order to ensure a certain degree of security             Whereas since the Kingdom of Belgium, the
to importers, the first tranche of the Community                     Kingdom of the Netherlands and the Grand Duchy of
quota should be determined at a relatively high level,               Luxemburg are united within and jointly represented
which under present circumstances could be 90 % of                   by the Benelux Economic Union, any measure
the quota volume ;                                                   concerning the administration of the quota shares allo­
                                                                     cated to that economic union may be carried out by
                                                                     any one of its members,
Whereas the initial shares may be used up fairly
quickly ; whereas, therefore, to avoid disruption of
supplies, any Member State which has almost used up
its initial share should draw a supplementary share
from the Community reserve ; whereas this must be
done by each Member State as each one of its supple­                 HAS ADOPTED THIS REGULATION :
mentary shares is almost used up, and as many times
as the reserve allows ; whereas the initial and supple­
mentary shares must be valid until the end of the
quota period ; whereas this form of administration                                            Article 1
requires close collaboration between the Member
States and the Commission, and the Commission
must be in a position to follow the extent to which                  1 . From 1 January to 31 December 1978, a
the tariff quota has been used up and to inform the                  Community tariff quota of 430 000 hectolitres shall be
Member States thereof ;                                              opened in the Community for wine of fresh grapes
                                                                     and grape must with fermentation arrested by the addi­
                                                                     tion of alcohol, falling within heading No 22.05 of the
Whereas if, at a specified date in the quota period, a               Common Customs Tariff, originating entirely in
considerable quantity of the initial quota share                     Greece.
remains in any Member State, it is essential that that
Member State should return a certain proportion
thereof to the reserve in order to avoid part of the                 Within this tariff quota, the Common Customs Tariff
Community quota remaining unused in one Member                       duty shall be reduced to the levels indicated in the
State when it could be used in others ;                              table below :
                    OCT
                  heading                                Description                                Rate of duty
                     No
              22.05         Wine of fresh grapes ; grape must with fermentation arrested
                            by the addition of alcohol :
                            A. Sparkling wine                                                     6 u.a. per hi
                            B. Wine in bottles with 'mushroom' stoppers held in place
                               by ties or fastenings, and wine otherwise put up with an
                               excess pressure of not less than one atmosphere but less
                               than three atmospheres, measured at a temperature of
                               20° C.                                                             6 u.a. per hi
                            C. Other :        t
                                  L Of an actual alcoholic strength not exceeding 13° , in
                                      containers holding :
                                      (a) Two litres or less                                     1-8 u.a. per hi
                                      (b) More than two litres                                   1-3 u.a. per hi
                                 II . Of an actual alcoholic strength exceeding 13° but
                                      not exceeding 15° , in containers holding :
                                      (a) Two litres or less                                     21 u.a. per hi
                                      (b) More than two litres                                   1-6 u.a. per hi
                                III. Of an actual alcoholic strength exceeding 15° but
                                      not exceeding 18° , in containers holding :
                                      (a) Two litres or less :
                                          2. Other                                               2-5 u.a. per hi
                                      (b) More than two litres :
                                          3 . Other                                              21 u.a. per hi
 ---pagebreak---  15. 12. 77                             Official Journal of the European Communities                                   No L 320/3
                      CCT
                    heading                                   Description                                Rate of duty
                       No
                22.05               IV. Of an actual alcoholic strength exceeding 18° but
                (cont'd)                 not exceeding 22° , in containers holding :
                                        (a) Two litres or less :
                                            2 . Other                                                 2-8 u.a. per hi
                                        (b) More than two litres :
                                            3 . Other                                                 2-8 u.a. per hi
                                     V. Of an actual alcoholic strength exceeding 22° , in
                                         containers holding :
                                        (a) Two litres or less                                        0-2 u.a . per hi
                                                                                                     and per degree
                                                                                                    + 1-5 u.a. per hi
                                        (b) More than two litres                                      0-2 u.a. per hi
                                                                                                     and per degree
                            Article 2                                     3.     If, after its second share has been exhausted,
                                                                          90 % or more of the third share drawn by that
1.     The tariff quota referred to in Article 1 ( 1 ) shall              Member State has been used up, it shall, in the
be divided into two tranches .                                            manner provided for in paragraph 1 , draw a fourth
                                                                          share equal to the third .
2. A first tranche, amounting to 387 000 hecto­
litres, shall be shared among the Member States ; the                     This process shall be applied until the reserve is
                                                                          exhausted .
shares which, subject to Article 5, shall be valid until
31 December 1978 , shall be as follows :
                                                (hectolitres)             4. By way of derogation from paragraphs 1 , 2 and
         Benelux                                 243 450
                                                                          3, Member States may draw smaller shares than those
         Denmark                                    2 000                 fixed in those paragraphs if there is reason to believe
                                                                          that those shares might not be used up. They shall
         Germany                                  113 600
         France                                    17 150
                                                                          inform the Commission of their reasons for applying
         Ireland                                    1 350
                                                                          this paragraph .
         Italy                                      1 350
         United Kingdom                             8 100
                                                                                                   Article 4
3.     The second tranche of 43 000 hectolitres shall
constitute the reserve .
                                                                          Each of the additional shares drawn pursuant to
                                                                          Article 3 shall be valid until 31 December 1978 .
                            Article 3
                                                                                                   Article 5
1 . If 90 % or more of any Member State's initial
share, as laid down in Article 2 (2), or 90 % or more                     Member States shall return to the reserve, not later
of that share less the amount returned to the reserve                     than 1 October 1978 , the unused portion of their
where Article 5 has been applied, has been exhausted,                     initial share which , on 15 September 1978 , is in
that Member State shall without delay, by notifying                       excess of 20 % of the initial amount. They may return
the Commission, draw a second share equal to 1 5 %                        a greater portion if there are grounds for believing
of its initial share, rounded up to the next unit where                   that such portion may not be used in full .
appropriate, to the extent that the amount in the
reserve allows .
                                                                          The Member States shall , not later than 1 October
                                                                          1978 , notify the Commission of the total imports of
2.     If, after its initial share has been exhausted ,                   the products concerned effected under and charged
90 % or more of the second share drawn by that                            against the Community quota up to and including 15
Member State has been exhausted , it shall , in the                       September 1978 and, where appropriate, of the propor­
manner provided for in paragraph 1 , draw a third                         tion of their initial shares that they are returning to
share equal to 7-5 % of its initial share.                                the reserve .
 ---pagebreak--- No L 320/4                         Official Journal of the European Communities                          15 . 12 . 77
                        Article 6                            to Article 3 are opened in such a way that charges
The Member States shall be authorized to divide the
                                                             may be made without interruption against their
                                                             combined shares of the Community quota.
shares allocated to them or which they have drawn
from the reserve into two parts, according to their fore­    2. Member States shall ensure that importers of the
seeable use, reserving one part for wines intended for       said products established in their territory have free
direct consumption and the other for wines intended          access to the shares allocated to them or drawn from
for processing.                                              the reserve .
However, during the marketing year and according to          3.     The extent to which a Member State has used up
the actual needs which arise, they shall make the            its share shall be determined on the basis of the
necessary adjustments to the original allocations.           imports of the products in question submitted to the
                                                             customs authorities under the cover of declarations
                        Article 7                            that they have been made available for home use.
The Commission shall keep account of the shares
opened by Member States in accordance with Articles                                  Article 9
2 and 3 and shall inform each of them of the extent
to which the reserve has been used as soon as it             At the request of the Commission, Member States
receives the notification .                                  shall inform it of imports of the products in question
The Commission shall , not later than 5 October 1978 ,
                                                             actually charged against their shares.
notify the Member States of the state of the reserve
after the return of shares pursuant to Article 5.                                    Article 10
The Commission shall ensure that any drawing which           The Member States and the Commission shall coop­
uses up the reserve is limited to the balance available      erate closely in order to ensure that the provisions of
and, for this purpose, shall specify the amount thereof      this Regulation are complied with .
to the Member State which makes the final drawing.
                        Article 8                                                    Article 11
1.    Member States shall take all measures necessary        This Regulation shall enter into force on 1 January
to ensure that supplementary shares drawn pursuant            1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 5 December 1977.
                                                                           For the Council
                                                                            The President
                                                                            A. HUMBLET