CELEX: 51973PC1696
Language: en
Date: 1973-11-09
Title: PROPOSAL FOR A REGULATION (EEC.) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for Jerez wines falling within subheading ex 22.05 of the Common Customs Tariff, originating in Spain#PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for Malaga wines falling within subheading ex 22.05 of the Common Customs Tariff, originating in Spain#PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for wines from Jumilla, Priorato, Rioja and Valdepenas falling within subheading ex 22.05 of the Common Customs Tariff, originating in Spain (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1696
Vol. 1973/0289
 ---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), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, 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.
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
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, 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.
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), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(73)1696 final
                                                         Brussels , 9 November 1973
                               PROPOSAL FOR A
                       REGULATION ( EEC.) OP THE COUNCIL
 opening, allocating and providing for the administration of a Community
 tariff quota for Jerez wines falling within subheading ex 22.05 of the
                Common Customs Tariff, originating in Spain
                               PROPOSAL FOR A
                       REGULATION ( EEC ) OF THE COUNCIL
 opening, allocating and providing for the administration of a Community
 tariff quota for Malaga wines falling within subheading ex 22.05 of the
                Common Customs Tariff, originating in Spain
                               PROPOSAL FOR A
                       REGULATION ( EEC) OF THE COUNCIL
 opening, allocating and providing for the administration of a Community
   tariff quota for wines from Jumilla , Priorato , Rioja and Valdepeñas
                falling within subheading ex 22.05 of the
                Common Customs Tariff , originating in Spain
                ( submitted to the Council by the Commission)
 CCM(73 ) 1696 final
 ---pagebreak--- 1.    In "Jlie Final Act "to the Agreement between the 5urope<.ui Loonoiaic
Coruronity and Soain , there is a Declaration by the Conisnunity delegation
concerning certain wines . The Declaration provides for the grant of
preferential treatment for certain wines , talcing the form of a reduction
of the CCT duties up to certain quantities . The arrangement is , however ,
to he reconsidered following "the entry into force of the rules governing
the comnon organization of tho narlcet in wine .
For 1972 the Council decided to open four low-duty tariff quotas :
( a ) nhoTy?r * rire g
       ( i ) in containers of two litres or less ,
                      40 COO hi at CCT duty reducod by 60/o ;
       ( ii ) in concainora of wore than two litres
                      210 000 hi at CCT duty reduced "by 50/-
(b ) l-!alr.L?o. wines
       in containers of two litres or less ,
       15 000 hi at CCT duty reduced by 50>i
(c )
 *  *
       Jrnilln., Priorato , Pío ,i a and Valdepeñas wines
          MJII II« i wm»ir ntfi-iTiMi »n niMrw>in>iTiK        <»■««> <i>M        ■mmt
       in containers of two litres or less .
       15 000 hi at CCT duty reduced "by 30/-5
it "being understood that these wines would remain subject to the provisions
governing the conraon organization of the market in wine ,
2 . For 1973 the Council did not anend that Decision , end identical tariff
quotas were opened , for the benefit only of the six original Member States ,
since the "Protocol fixing certain provisions relating to tho Agreement
between tho European Economic Community and Spain in consequence of the
accession of tho new                                   Menbcr States to tho European Economic Connunity"
of 29 January 1973 ( OJ Ho L 66 ,. 13 March 1973 ) provides that as regards
the new I'enber States the situation shall remain as before#                                  The Protocol
 ---pagebreak---                                           2
    also provides that the contrating parties axe to lay dorai„.before ,.tiE6
    1 January 1974 the transitional measures and adjustments which may
    appear necessary following the acession of the new'' Member States
     In July 1973 , the Community opened negotiations with Spain with
     a view to concluding "by 1 January 197 ^» a new Agreement to replace the
     1970 Agreement . However , in view of the present state of these
     negotiations , it is by no means certain that the Agreement could
     enter into force on 1 January 197^.
3 « In view of the . foregoing , the Commission belxeves that the possible
     necessity should be provided for of opening tariff quotas , for 197^>
     for certain wines in favour of Spain . Consequently the tariff quotas
     for these products should be opened by 1 January 197^ and therefore
     approved by the Council before that date . It is therefore necessary to
     initiate the procedure for opening the relevant tariff quotas .
   Moreover, s& regards a/rricultxiral products, tho Bssulaticns opening the
   relevent Cacsnunity tariff quotas aust "be fcascd on Article 43 cf tlis ESC'
   Treaty, \-Mch Ecana that the Stsrspoan Parliament mist be consulted. Hho
   tin© trhicfc, the procedure for approving these Regulations tri.ll talcc srust
   therefore "ba "bom© in nind*
  In conclusion, the Conaission, preposoa that Conaunity tariff quotaa for
  1974 should "be ©penod for tko relevant tones -on the sane terns as those .
  for 1972 ££& 1973 . Thics is the object of the proposals fiasacocsd hereto*
  4* These insulations provide for th© splitting up of the tariff voluaos
  into two parts , of vbich the first trill be allocated amonc the I&cber
  States &s quota share r-ad tho second t/ill lie kept txa a reserve * 2a tha
  absence of Cosssunity statistics , the initial quota shares have been.
 ---pagebreak---                                           3                     GU2/V40/73-:
     caleulated en thg Basis Qf_the_most_ recent statistics on Spanish exports
over "a representative period and of Member States* forecasts .-             -
SpiUii&h. stauis ties can "be considered to give a roii^i ■oicturc of
Caarvmity imports of the relevant products .
5*        proposed Regulations on these wines provide for a single method
of ..drixnis ora uioiij to "be appxiea "by all the Jlcabcr States for these
quotas , naiaely the " ac and when" method .
 ---pagebreak---                                                                                                     ANNEX I
                                                 PROPOSAL FOR. A
                                     REGULATION ( EEC ) OF THE COUNCIL
                 opening, allocating and providing for the administration of a Community tariff quota
                 for Jerez wines falling within subheading ex 22.05 of the Common Customs Tariff,
                                                   originating in Spain
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,
 Having regard to the Treaty establishing the
European Economic Community and in particular
Articles 43 and 113 thereof;
 Having       regard    to   the   proposal    from    the
 Commission ;
 Having regard to the Opinion of the European Par­
 liament ;
Whereas on signature of the Agreement H between
the European Economic Community and Spain, at
Luxembourg on 29 June 1970, the Community
undertook to grant preferential tariff arrangements
for imports into the Community of certain wines
originating in Spain, in particular Jerez wines;
whereas :
    v
– a 60 %          reduction in the Common Customs
      Tariff duties applicable to Jerez wines originating
      in Spain and imported in containers holding two
      litres or less should be granted for 197V up to a
      Community tariff quota of 40 000 hectolitres ; and
– a 50 % reduction in the Common / Customs
      Tariff duties applicable to Jerez wines, originating
      in Spain, and imported in containers holding
      more than two litres should be granted for 197V
      up to a Community tariff quota of 210 000
      hectolitres;
Whereas the Community tariff quota concerned
should be opened;
Whereas these wines remain subject to the provisions
governing the common organization of the market
in vine products ; whereas inclusion in the Community
tariff quota should be subject to production of
movement certificate A.E.I and a certificate, issued
by the recognized Spanish authorities and endorsed
by the Spanish customs," stating the recognized
designation of origin of these wines, within the
framework        of   the  methods     of  administrative
(') OJ No L 182, 16. 8. 1970, p. 2.
 ---pagebreak---                                         2                                             ANNiSX I
  cooperation exiting between the Community and
  Spain;
  Whereas it is in particular necessary to ensure to all
  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 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 Member States ; whereas, in order to
  reflect most accurately the actual development of the
  market in the products concerned, such allocation
  should be in proportion to the needs of the Member
  States, assessed by reference both to the statistics of
  each State's imports from Spain over a representative
  period and to the economic outlook for the quota
  period concerned;
  Whereas available Community statistics give no
  information on the situation of Jerez wines on the
  markets; whereas, however, Spanish statistics for
  exports of these products to the Community during
  the last few years can be considered . to reflect
  approximately the situation of Community imports;
' whereas on this basis the corresponding imports by
  each of the Member States represent the following
  percentages of the imports into the Community from
  Spain of the products concerned:
                                                    1970         1971            1972
  Jerez wines:
  – in receptacles con­
      taining two litres or
      less :
      Germany                                       21-5         18-5     '   14,8
      Bénélux                                      58-8          67-9         76,8
      France                                         2-0          1 -6          1,0
      Italy                                         17-7         12-0           7,4
  – in receptacles con­
      taining more than
      two litres:
      Germany                                        7-7          7-0           5,5
      Bénélux                                      91-9         92-7          94,3
      France                                         0-3          0-2       ! . 0,1
      Italy                                          0-1                      • 0,1
  Whereas, in view of these data and the estimates
  submitted by certain Member States, initial quota
  shares may be fixed approximately at the following
  percentages :
                               Jerez wines in receptacles containing:
                              two litres or less   I more than two litres
  Germany                         17,0           I            6,4
 Bénélux                  !       71,0                      93,3
 France                             1,5           I           0,2
 Italy                      1     10,5                        0,1
 ---pagebreak---    Whereas, in order to take into account import trends
   for the products concerned in the different Member
   States, each of the quota amounts should be divided
   into two instalments, the first instalment being
   allocated among the Member States, and the second
   forming a reserve intended ultimately to cover the
   requirements 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, the first instalment of the
   Community quotas should be determined at a level
   which, under present circumstances, may be 80 % of
   each of the quota amounts ;
   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, it is important that any Member State
   having used up almost the whole of its initial quota
   share should draw an additional quota share from
   the reserve; whereas this must be done by each
   Member State as and when each of its additional
  quota shares is almost entirely used up, and repeated
  as many times as the reserve allows ; whereas the
 intial, and additir»nal quota shares must be available
 for use until the end of the quota period; whereas
 this method of administration calls for close
 cooperation between Member States and the Com­
 mission, which must, in particular be able to observe ■
 the extent to which the quota amounts are used and
 inform Member States thereof;
Whereas if, at a specified date in the quota period,
 a considerable balance remains in one or other
Member State it is essential that that Member State
pays a large amount of it back into the reserve, in
order to avoid a part of one or other of the Com­
munity quotas 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 in and represented by the
Benelux Economic Union, all transactions concerning
the administration of shares granted to the above-
mentioned Economic Union may be carried out by
any of its members;
 ---pagebreak---                                            - 4 -
                                                                                             ANNEX I
                 HAS ADOPTED THIS REGULATION:
                                          Article 1
                 1 . During the period from 1 January 197^ to
                31 December 197^ the Common Customs Tariff
                duties in respect of the following Jerez wines
                originating in Spain shall be partially suspended at
                the levels or within the limits of the Community tariff
                quotas indicated for each of them :
                                                                     Rate           Quota
             CCT heading No                      Description                        Volume
                                                                 (in u.a. / hl)      (in hl)
                                  é
ex 22.05 C III a) 1
ex 22.05 C IV a) 1
                                            Wines from Jerez
                                            Wines from Jerez
                                                                     5-4
                                                                     5-8          | 40 000
ex 22.05 C III a) 2 aa)
ex 22.05 C IV a) 2 aa)
                                            Wines from Jerez
                                            Wines from Jerez
                                                                     5-5
                                                                     6-0          J 210 000
                     2.    The Protocol on the definition of the concept
                     of 'originating products' and on methods of
                     administrative cooperation, annexed to the Agreement
                     between the European Economic Community and
                     Spain, shall be applicable.
                           The inclusion of these wines in the Community
                     tariff quota referred to in paragraph 1 shall be
                     conditional upon the observance of the reference
                    price applying to them and to production of a
                    certificate corresponding to one of the specimens
                    annexed hereto, issued by the recognized Spanish
                    authorities, stating the recognized designation of
                    these wines; this certificate shall be endorsed by the
                    Spanish customs authorities under the same conditions
                    as movement certificate A.E.I.
                                            Article 2
                          The quotas laid down in Article 1 sh'all be
                   divided into two instalments.
                                                                                1
                   2. The first instalment shall be shared among the
                   Member States; the proportions which, subject to
                  Article 5, shall be valid until 31 December 197^shall
                  consist of the following amounts :
 ---pagebreak---                                -    5 -                               ANNEX I
                                                     (in hectolitres)
                              Jerez wines under subheadings :
                              cx 22.05    '         ex 22.05
                           C III a) 1 and      C HI a) 2 aa ) and
                              cx 22.05              ex 22.05
                              C IV a) 1           C IV a) 2 aa)
 Germany                       5.^-00                10.700
 Bénélux                     22 « 700             156.700
 France                             500                     *f00
 Italy                         3-H00                        200
                 Total        32 000               168 000
 3 . The second instalment of each quota, 8 000
hectolitres or 42 000 hectolitres respectively,
 constitutes the reserve.
                          Article 3
 1.    If 90 % or more of the initial share of a
 Member State, as laid down in Article 2 (2), of 90 %
of that share less the amount returned into the reserve,
 where the provisions of Article 5 have been applied,
 has been exhausted, that Member State shall proceed
 without delay, by notifying the Commission, to draw
 a second share equal to 15 % of its initial share,
 rounded . up to the next unit where appropriate, to
 the extent that the amount in the reserve allows.
 2.    If, after one or other of its initial shares have
 been exhausted, 90 % or more of the second share
 drawn by a Member State has been used, that Member
 State 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, to the extent that the amount in the
reserve allows .
3.     If, after one or other of its second shares have
 been exhausted, 90 % or more of the third share
drawn by a Member State has been used, that Member
State shall proceed in the manner specified in
paragraph 1 , to draw a fourth share equal to the
third.
This process shall be applied until the reserve is
exhausted .
4. Notwithstanding the provisions of paragraphs 1 ,
2v and 3 , the 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 up. They shall inform the Commission of
the reasons which led them to apply this paragraph.
 ---pagebreak---                                                                ANNEX I
                          Article 4
Each of the additional shares drawn pursuant to
Article 3 shall be valid until 31 December 197V-
                           Article 5
 If, by 15 September 197*, a Member State has not
 used up its initial shares, it shall, not later than 10
 October 197#, return to the reserve the unused portion
 of these shares in excess of 20 % of the in.t.al
 amount. It may return a larger quantity if there are
 reasons to consider that such quantity might not be
 used .
  The Member States shall, not later than 10 October
  197 notify the Commission of the total imports ot
  the products concerned effected up to 15 September
  197^ inclusive, and charged against the Community
  quotas and, where appropriate, the proportion of
  their initial shares that is being returned to each
  reserve .
                            Article 6
   The Commission shall keep account of the shares
   opened by Member States in accordance with
   Articles 2 and 3 and shall inform each of them of
   the extent to which the reserves have been used as
   soon as it receives the notifications .
   The Commission shall, not later than 15 October
    197#, notify Member States of the amount in each
   reserve after- the return of shares pursuant to Article 5 .
   The Commission shall ensure that any drawing which
   uses up any reserve is limited to the balance available
   and, for this purpose, shall specify the amount thereof
    to the Member State which makes the final drawing.
                             Article 7
    1 . The Member States shall take all appropriate
    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
    accumulated shares of the Community quotas.
' 2.      The Member States shall guarantee to importers
    of the products concerned established in their territory
    free access to the shares allocated to them.
 ---pagebreak---                                 - 6 -                                                  ANNEX I
               3.    The Member States shall charge imports of the
               products concerned against their shares according as
               the products have been presented for Customs
               clearance under cover of declarations that they have
               been made available for consumption .
               4.    The extent to which the Member States' shares
               have been used up shall be recorded on the basis of
               the imports charged under the conditions laid down
               in paragraph 3 .
                                      Article 8
               Member States shall inform the Commission at regular
               intervals of imports of the products concerned
               actually charged against their shares.
                                       Article 9
               The Member States        and   the Commission shall
               cooperate closely in order to ensure that the provisions
               of this Regulation are observed.
                                      Article 10
               This Regulation shall enter into force on 1st January
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
                                                                                                      No
  CONSEJO REGULADOR
            DE LA
DENOMINACION DE ORIGEN
  (Málaga/Jerez/Valdepeñas/
    Priorata/Rioja/Jumilia)
                                              CERTIFICATE OF DESIGNATION OF ORIGIN
            I, the undersigned,                                     -                          -
            of the Consejo Regulador of the designation of origin
            certify:
            1 . that
                declares on his own responsibility that he is exporting the following wines :
                             Pack âges                                                                          W(ïight
                                                       Description of goods
                    Marks and
                     numbcrs
                                  '    Number
                                                                                            Litres
                                                                                                          gross
                                                                                                                   I     net
                                               i
                                                                                     l
                                                                                     !
                                                                                     !
                                 i
                 Place of departure                                            shipped by        ;
                to                                                        at
             2. that according to the documents produced and those in the possession of this council, the abovementioned
                 wines were produced in the region of '                                            ' and are entitled to use the
                 registered designation of origin '
                                                                                               *   ,                      19..
                                                                                    (Place)                      (Date)
                   Endorsement of the Customs
                   office of export:
                                                                                       For the Consejo Regulador
                                                                        (Seal)
 ---pagebreak---                                                       ι
                                                            ANNEXE
  CONSEJO REGULADOR                                                                                  Ν»
            DE LA
DENOMINACION DE ORIGEN
  (Málaga/Jerez/Valdepeñas/
    Priorata/Rioja/Jumilla)
                                              CERTIFICADO DE LA DENOMINACION DE ORIGEN
            El que suscribe,
            del Consejo Regulador de la Denominación de Origen .
            certifica:
            1. Que
               declaran ante él y bajo su responsabilidad que expiden la siguiente partida de vinos:
                             Bultos                                                                              Pesos
                                                              Denominación                  Litros
                    Marcis y        Numéros                                                              bruto          neto
                    numéros
               Lugas de salida                  i.,..                        enviado por
               con destino a         .........           «...                    de
            2. Que de acuerdo con los documentos que me exhiben y antecedentes que obran en poder de este consejo,
               los vinos cuya relación antecede fueron producidos en la Zona «                                                : »
               y pueden en derecho utilizar esta denominación de origen «                ~                -          ».
                                                                                                                        19 ..
                                                                                    (Lugar)                    (Fecha)
                Visado de la Aduana de salida :
                                                                                        Por el Consejo Regulador
                                                                         (Selos)
 ---pagebreak---                                          ,           PROPOSAL FOR A
                                         "REGULATION ( EEC ) OP THE COUNCIL
                                                          9
                opening, allocating and providing for the administration of a Community tariff quota
                for Malaga wines falling within subheading ex 22.05 of the Common Customs Tariff,
                                                  originating in Spain
   THE COUNCIL OF THE EUROPEAN COMMUNITIES,
»
  Having regard to the Treaty establishing the
  European Economic Community and in particular
  Articles 43 and 113 thereof;
  Having regard to the proposal from the Commission ;
  Having regard to the Opinion of the European
  Parliament;
  Whereas on signature of the Agreement ( l ) between
  the European Economic Community and Spain at
  Luxembourg on 29 June 1970, the Community
  undertook to grant preferential tariff arrangements
  for imports into the Community of certain wines
  originating in Spain, in particular Malaga wines ;
  whereas a 50 % reduction in the Common Customs
  Tariff duties applicable to Malaga "wines originating
  in Spain and imported in containers holding two
  litres or less should de granted for 197^. up to a
  Community tariff quota of 15 000 hectolitres;
                                m
  Whereas the Community tariff quota concerned
 should be opened;
 Whereas these wines remain subject to the provisions
 governing the common organization of the market in
 vine products, especially as regards observance of the
reference price; whereas inclusion in the Community
 tariff quota should be subject to production of
movement certificate A.E.I and of a certificate,, issued
by the recognized Spanish authorities and endorsed
by the Spanish customs, stating the recognized
designation of origin of these wines, within the
framework       of  the   methods     of  administrative
cooperation existing between the Community and
Spain ;                             •
Whereas it is in particular necessary to ensure to all
Community importers equal and uninterrupted access
to the abovementioned quota and uninterrupted "
application of the rates laid down for that quota to
all imports of the products concerned into all
Member States until the quota has been used up;
(») OJ No L 182, 16. 8. 1970, p. 2.
 ---pagebreak--- whereas, having regard to the principles mentioned
above, the Community nature of the quota can be
respected by allocating the Community tariff quota
among the Member States ; whereas, in order to
reflect most accurately the actual development of the
market in the products concerned, such allocation
should be in proportion to the needs of the Member
States, assessed by reference both to the statistics of
each State's imports from Spain over a representative
period and to the economic outlook for the quota
period concerned ;
Whereas available Community statistics give no
information on the situation of Malaga wines on the
markets ; whereas, however, Spanish statistics for
exports of these products to the Community during
the last few years can be considered to reflect
approximately the situation of Community imports;
whereas on this basis the corresponding imports by
each of the Member States during the last three years
represent the following percentages of the imports
into the Community from Spain of the products
concerned :
                                 1970          1971     1972
 Germany                          2           16-7      5^,1
 Bénélux                         17-2         Zv9       30,6
France                            2           21-3       M
Italy
                            i
                                 78-8         36-1      11,2
                i
Whereas, in view of these data and the estimates
submitted by certain Member States, initial quota
shares may be fixed approximately at the following
percentages :
                   Germany                33,6
                   Bénélux                27 ,"
                   France                  9Λ
                   Italy                  30 ,-
 Whereas, in order to take into account import trends
 for the products concerned in the different Member
 States, the quota amount should be divided into two
instalments, the first instalment being allocated
among the Member States, and the second forming a
reserve intended ultimately to cover the requirements
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, the first instalment of the Community quota
should be determined at a level which, under present
circumstances, may be 80 % of the quota amount;
 ---pagebreak---                                                                                       ANNEX II
                                          - 2 -
                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, it is important that any Member
                 State having used up almost the whole of its initial
                quota share should draw an additional quota share
                 from the reserve; whereas this must be done by each
                 Member State as and when each of its additional
                 quota shares is almost entirely used up, and repeated
                 as many times as the reserve allows; whereas the
                 initial and additional quota shares must be available
                 for use until the end of the quota period; whereas
                 this method of administration calls for close
                 cooperation between Member States and the
                 Commission, which must, in particular be able to
                 observe the extent to which the quota amount is used
                 and inform Member States thereof;
               Whereas if, at a specified date in the quota period, a
               considerable balance of the initial share remains in
               one or other Member State it is essential that that
               Member State pays a large amount of it back into the
             • reserve, in order to avoid 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 in and represented by the
               Benelux Economic Union, all transactions concerning
               the administration of shares granted to the
               abovementioned Economic Union may be carried out
               by any of its members;
                HAS ADOPTED THIS REGULATION :
                                        Article 1
                1 . During the period from 1 January 197f to 31
                December 197*4-, the Common Customs Tariff duties
                in respect of Malaga wines originating in Spain shall
                be partially suspended at the levels shown below
                within the framework of a Community tariff quota of
                15 000 hectolitres :
                                                                          Rares
       CCT bending No                        Description of goods      (in u.a. /hl )
ex 22.05 C III b) 1             Wine from Malaga                           8-50
ex 22.05 C IV b)                Wine from Malaga, imported in con­
                                tainers holding two litres or less        9-50
 ---pagebreak---                                - if -                      ANNEX II
2. The Protocol on the definition of the concept of
'originating products' and on methods of
administrative       cooperation,     annexed     to  the
Agreement between the European Economic
Community and Spain, shall be applicable.
 3. The inclusion of Malaga wines in the
 Community tariff quota referred to in paragraph
 shall be conditional upon observance of the reference
 price applying to them and to production of a
 certificate corresponding to one of the specimens
 annexed hereto, issued by the recognized Spanish
 authorities, stating the recognized designation ot
 origin of these wines; .this certificate shall be
 endorsed by the Spanish customs authorities under
  the same conditions as movement certificate A.E.I.
                           Article 2
  1.    The Community Tariff quota referred to in
 Article 1 is divided into two instalments.
 2. A first instalment, amounting to 12 000.
 hectolitres of this quota shall be shared among the
  Member States; the proportions which, subject to
  Article 5, shall be valid until 31 December 1973 shall
  consist of the following amounts :
                 Germany                   ^ • 0j50
                 Bénélux                   3 » 24-0
                 France                    1-1J0
                 Italy                     3.600
   3 . The second instalment of the quota to 3 000
   hectolitres, shall make up the reserve.
                            Article 3
    1.    If 90% or more of the initial share , of a
   Member State, as laid down in Article 2 (2), or 90 %
   of that share less the amount returned into the
   reserve, where the provisions of Article 5 have been
   applied, has been exhausted, that Member State
   shall proceed without delay, by notifying the
   Commission, to draw a second share equal to 15 %
   of its initial share, rounded up to the next unit where
   appropriate, to the extent that the amount in the
   reserve allows.
   2.    If, after its initial share has been exhausted,
   90 % of the second share drawn by a Member State
   has been used, that Member State 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, to the extent that
   the amount in the reserve allows.
 ---pagebreak---                                 - 5 -
                                                           ANNEX II
   3.     If, after its second share has been exhausted,
   90 % or more of the third share drawn by a Member
   State has been used, that Member State shall proceed,
   in the manner specified in paragraph 1 to draw a
   fourth share equal to the third.
   This process shall be applied until the reserve is
   exhausted.
   4.    Notwithstanding the provisions of paragraphs
   1 , 2 and 3, the 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 up. They shall inform the Commission of the
  reasons which led them to apply this paragraph.
                            Article 4
  The additional shares drawn pursuant to Article 3
  shall be valid until 31 December 197H.
                            Article S
  If, by 15 September 197V, a Member State has not
  used up its initial share, it shall, not later than 10
  October 1974 , return the unused portion of this share
  in excess of 20 % of the initial amount. It may return
  a larger quantity if there are reasons to consider that
  such quantity might not be used.
The Member States shall, not later than 10 Octobef
1973 , notify the Commission of the total imports of
the products concerned effected up to 15 September
1973 inclusive, and charged against the Community
quota and, where appropriate, the proportion of their
initial share that is being returned to the reserve.
                                &
                           Article 6
The Commission shall keep account of the share
opened by Member States in accordance with Articles
2 and 3 and shall inform each of them of the extent
|to which the reserve "has been used as soon aS it
receives the notifications.
The Commission shall, not later than 15 October
 1974, notify Member States of the amount in the
 reserve after the return of shares pursuant to Article 5.
 The Commission shall ensure that any drawing which
uses up the reserve is limited to the balance available
 and, for this purpose, shall specify the amount
 thereof to the Member State which makes the final
 drawing.
 ---pagebreak---                                            Article 7
                  1.    The Member States shall take all measures
                  necessary to ensure that, when additional shares are
                  drawn pursuant to Article 3, it is possible for charges
                  to be made without interruption against their
                  accumulated shares of the Community quota.
                  2.    The Member States shall guarantee to importers
                  of the products concerned established in their
                  territory free access to the shares allocated to them.
                  3.    The Member States shall charge imports of the
                  products concerned against their shares in so far as
                  the products have been presented for Customs
                  clearance undc ? cover of declarations that they have
                  been made available for consumption.
                  4.    The extent to which the Member States' shares
                  have been used up shall be recorded on the basis of
                  the imports charged in the conditions laid down in
                  paragraph 3.
                                           Article 8
                  Member States shall inform the Commission at
                  regular intervals of imports from Malta actually
                  charged against their shares.
                                            Article 9
                   The Member States and the             Commission shall
                   cooperate closely in order to ensure that the
                   provisions of this Regulation are observed .
                                          Article 10
                  This Regulation shall enter into force on 1st January 197^ .
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
  CONSEJO REGULADOR
            DE LA
DENOMINACION DE ORIGEN
  (Málaga/Jerez/Valdepeñas/
    Priorata/Rioja/Jumilla)
                                             CERTIFICATE OF DESIGNATION OF ORIGIN
                                                 «
            I, the undersigned,                                                                -
            of the Consejo Regulador of the designation of origin
            certify:
            1 . that
                declares on his own responsibility that he is exporting the following wines:
                             Packages                                                                            Weight
                    Marks and                          Description of goods                 Litres
                                      Number                                                               gross         net
                     numbers
                Place of departure                                             shipped by
                to                                                        at
             2. that according to the documents produced and those in the possession of this council , the abovementioned
                 wines were produced in the region of '                          ..                * and are entitled to use the
                 registered designation of origin 4
                                                                                                   , •■•••               15
                                                                                    (Place)                      (Date)
                   Endorsement of the Customs
                   office of export:
                                                                                       For the Consejo Regulador
                                                                        (Seal)
 ---pagebreak---                                                          ANNEXE
  CONSEJO REGULADOR                                                                              Ν»
            DE LA
DENOMINACION DE ORIGEN
  (Málaga/Jerez/Valdepeñas/
    Priorata/Rioja/Jumilla)
                                        CERTIFICADO DE LA DENOMINACION DE ORIGEN
            El que suscribe,
                                                                                                            C
            del Consejo Regulador de la Denominación de Origen          -
            certifica:
            1. Que                      «                           «
                declaran ante el y bajo su responsabilidad que expiden la siguiente partida de vinos:
                             Bultos                                                                            Pesos
                                                          Denominación                   Litros
                    Marcâs y        Numéros                                                           bruto           neto
                    numéros
                Lugas de salida         .....~    ..       ~              enviado por
              , con destino a                                                 de
            2. Que de acuerdo con los documentos que me exhiben y antecedentes que obran en poder de este consejo,
                los vinos cuya relación antecede fueron producidos en la Zona «                          -                 »
                y pueden en derecho utilizar esta denominación de origen «                             ––          ».
                                                                                                                      19..
                                                                                 (Lugar)                     (Fecha)
                 Visado de la Aduana de salida :
                                                                                    Por el Consejo Regulador
                                                                      (Selos)
 ---pagebreak---                                           •      PROPOSAL FOR A
                                      REGULATION ( EEC ) OF THE COUNCIL
               opening, allocating and providing for the administration of a Community tariff quota
               for wines from Jumilla, Priorato, Rioja and Valdepenas falling within subheading
                              cx 22.05 of the Common Customs Tariff, originating in Spain
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,
 Having regard to the Treaty establishing the
European Economic Community and in particular
Articles 43 and i 13 thereof;
 Having regard to the proposal fvom the Commission;
                         /
Having regard to the Opinion of the European
Parliament ;
Whereas on signature of the Agreement ( ') between
the European Economic Community and Spain at
Luxembourg on 29 June 1970, the Community
undertook to grant preferential tariff arrangements
for imports into the Community of certain wines
originating in Spain , in particular wines from Jumilla,
Priorato, Rioja and Valdepenas ; whereas a 30 %
reduction in the Common Customs Tariff duties
applicable to wines from Jumilla, Priorato, Rioja and
Valdepenas, originating in Spain and imported in
containers holding two litres or less, should be
granted for 197^- up to a Community tariff quota of
15 000 hectolitres ;
Whereas the Community tariff quota concerned
should be opened ;
Whereas these wines remain subject to the provisions
governing the common organization of the market in
vine products, especially as regards' observance of the
reference price ; whereas inclusion in the Community
tariff quota should be subject to production of
movement certificate A.E.I and a certificate, issued
by the recognized Spanish authorities and endorsed
by the Spanish customs, stating the recognized
designation of origin of these wines, within the
framework       of . the   methods*    of   administrative
cooperation existing between the Community and
Spain;
 ( ') OJ No L 1S2, 16. S. 1970, p. 2.
 ---pagebreak---                                                                     ANNEX III
Whereas it is in particular necessary to ensure to all
Community importers equal and uninterrupted access
to the abovementioncd quota and unintetrupted
application of the rates 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 principles mentioned
 above, the Community nature of the quota can be
 respected by allocating the Community tarirf quota
 among the Member States; whereas, in order to
 reflect most accurately the actual development of the
 market in the products concerned, such allocation
 should be in proportion to the needs of the Member
  States, assessed by reference both to the statistics of
  each State's imports from Spain over a representative
  period and to the economic outlook for the quota
  period concerned ;
  Whereas available Community statistics give no
   information on the situation of wines from Jumilla,
   Priorato, Rioja and Valdepenas wines on the markets;
   whereas, however, Spanish statistics for exports of
   these products to the Community during the last few
   years can be considered to reflect approximately the
   situation of Community imports; whereas on this
    basis the corresponding imports by each of the
    Member States represent the following percentages of
    the imports into the Community from Spain of the
    products concerned :
                          1969       1970          1971     1972
                                     5-0            8-4      6Λ
     Germany               ji. U
     Bénélux     ' !       5-8        7-9   I     24-0      2^,0
     rrancc                 6-1       3-3           3-0      if , 2
     Italy                8S        83-8          64-6      65,5
      Whereas, in view of these data and the estimates
      submitted by certain Member States, initial quota
      shares may be fixed approximately at the following
      percentages :              _                        '
                    Germany                    ^»&
                    Bcnclux                   20,0
                    France                     317
                    Italy                     69,7
 ---pagebreak--- Whereas in order to take into account import trends
 for the products concerned in the different Member
States, the quota amount should be divided into two
 instalments, the first instalment being , allocated
among the Member States, and the second forming a
reserve intended ultimately to cover the requirements
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,
the first instalment of the Community quota should
be determined at a level which, under present
circumstances, may be 80 % of the quota amount;
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, it is important th.ir any Member
State having used up almost the whole 01 its initial
quota shares should draw an additional quota share
from the reserve; whereas this must be done by each
Member State as and when each of its additional
quota shares is almost entirely used up, and repeated
as many times as the reserve allows ; whereas the
initial and additional quota shares must be available
for use until the end of the quota period ; whereas
this   method    of  administration    calls for   close'
cooperation     between    Member     States  and    the
Commission, which must, in particular, be able to
observe the extent to which the quota amount is used
and inform Member States thereof;
Whereas if, at a specified date in the quota period, a
considerable    balance   remains  in   one   or   other
Member State it is essential that that Member State
 pays a large amount of it back into the reserve, in
order to avoid 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 in and represented by the
Benelux Economic Union, all transactions concerning
the administration of shares granted to the
abovementioned Economic Union may be carried out
by any of its members ;
 HAS ADOPTED THIS REGULATION :
                        Article Î
 1 . During the period from 1 January 197^ to 3t
December 197^, the Common Customs Tariff duties
in respect of the following products originating in
Spain shall be partially suspended at the levels shown
below within the framework of a Community tariff
quota of 15 000 hectolitres:
 ---pagebreak---                                                - 4 -
                                                                                                    ANNEX III
      CCT heading No                               Description                        Rate        i
                                                                                 ( in u.a. / hl )
ex 22.05 C I a                     Wines from Jumilla , Priorato , Rioja and
                                   Valdepeñas                                         84
ex 22.05 C II a)                   Wines from Jumilla , Priorato, Rioja and
                                    Valdepeñas                                        9-8
ex 22.05 C III b ) 1               "Wines from Jumilla, Priorato, Rioja and
                                    Valdepeñas                                       11-9
                   2.    The protocol on the definition of the concept of
                   'originating       products'     and      on     methods   of
                   administrative cooperation, annexed to the
                   Agreement between the European Economic
                   Community and Spain, shall be applicable.
                 I                                                             '
                   3. The inclusion of these wines in this Community
                   tariff quota shall be conditional upon observance of
                   the reference price applying to them and production
                   of a certificate corresponding to one of the specimens
                   annexed hereto, issued by the recognized Spanish
                   authorities anjd stating the recognized designation of
                   origin of these wines ; this certificate shall be
                 ' endorsed by :fhe Spanish customs authorities,, under
                   the same conditions as movement certificate A.E.I.
                                                Article 2
                    1 . The Community tariff quota referred to in
                    Article 1 is cfivided into two instalments.             T
                                                               n  .  .     )
                    2/ The first instalment, amqunting to 12 000
                    hectolitres, 'ishall be shared among the Member
                    States ; the proportions which, subject to Article 5,
                    shall be valjd until 31 december l'?7#- shall consist of
                    the following amounts:                     '           "
                               ■ c      Germany                      790
                                        Bénélux                  2.4-0Q
                                        France                       L.<=;n
                                 -      Italy          ,     ■: 8.360
                    3. The second instalment, amounting to 3 000
                    hectolitres, shall make up the reserve.
 ---pagebreak---                              Article 3
 1 . If 90 % or more of the initial share of a
 Member State, as laid down in Article 2 (2), or 90 %
 of that share less the amount returned into the '
 reserve, where the provisions of Article 5 have been
 applied, has been exhausted, that Member State shall
 proceed without delay, by notifying the Commission,
 to draw a second share equal to 15 % of its initial
 share, rounded up to the next unit where
 appropriate, to the extent that the amount in the
 reserve allows .
  2.      If, after its initial share has Been exhausted,
  90 % or more of the second share drawn by a
  Member State has been used, that Member State 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, to
  the extent that the amount in the reserve allows.
  3.       If, after its- second share has been exhausted,
  90 % or more of the third share drawn by a Member
  States has been used, that Member State , shall
   proceed, in the manner specified ii* paragraph 1 to
   draw a fourth share equal to the third.
                     u                       ii
   This process Shall be applied until the reserve is
   exhausted .        '
                     )
   4.       Notwithstanding the provisions of paragraphs
    1, 2 and 3, the Member States may proceed to draw
    shares smaller than those fixed in those paragraphs, if
   there is reasonhto believe that those shares might not
. be used up. They shall inform the Commission iof the
    reasons which led them to apply this (paragraph.;
                               Article 4
                       i                   ' I '        '!
    The additional shares drawn pursuant to Article 3
    shall be valid until 31 December 197#.          .
                       C
                       s
                       i:      Article S          1
                        M .
     If, by 15 September 197H, a Member State has not
     used up its initial share, it shall, not later than 10
     October 197H% return to the reserve the unused
     portion of this share in excess of 20r% of the initial
     amount. It may return a larger quantity if thqre are
     reasons to consider that such quantity might not be
     used . .           I'           -                .
                         κ                    .·"       '<
     Each Member, State shall, not later .than 10 October
      197//, notify the . Commission . of the total imports of
      the products concerned effected up to 15 September
      197^ inclusive, and charged against the Community
      quota and, where appropriate, the proportion of its
      initial share that is being returned to>the reserve.
                                          . ' h
 ---pagebreak---                                                                                              ANNEX III
                                                 - 6 -
                                                  Article 6
                       The Commission shall keep account of the shares
                       opened by Member States in accordance with Articles
                       2 and 3 and shall inform each of them of the extent
                       to which the reserve has been used as soon as it
                        receives the notifications .
                       The Commission shall , not later than 15 October
                        197V, notify Member States of the amount in the
                         reserve after the return of shares pursuant to Article 5 .
                         The Commission shall ensure that any drawing
                         which uses up the reserve is limited to the balance
                         available and, for this purpose, shall specify the
                         amount thereof to the Member State which makes
                         the final drawing.
                                                    Article 7
                                                                                 1
                                           (i
                          1 . The Member States shall take all appropirate
                          measures to ertsure that, when additional shares are.
                          drawn pursuant to Article 3, it is possible for charges
                          to' be made 'without interruption against their
                          accumulated shares of the Community quota.
                                            <■        *                      .     1
                           2.     The Member States shall guarantee to impprters
                            of the products concerned established in j( their
                            territory free access to the shares allocated to them.
                            3.    The Member States shall charge imports of the
                            products concerned against their shares according as
                            the products f- have been presented for Customs
                            clearance unda' cover of declarations that they have
                             been made available for consumption.
                             4.    The extent to which the Member States' shares
                  •/         have been used up shall be recorded on the basis of
                             the imports charged in the conditions laid down in .
          '                  paragraph 3 .
                                                     Article 8      .
                            Member States shall inform the 'Commission at ■
                            regular intervals of imports from Malta actually
                            charged against their shares.             .
                                                     Article 9
                            The Member .States and the Commission shall ,
                             cooperate closely in order ts ensure that the
                             provisions of this Regulation are observed.
                                                                                     M
                                                     Article 10
                             This Regulation shall enter into force on 1st January 197t-« '
This Regulation shall be binding in its entirety and directly applicable in all Member
States .                                       i        ■      '                      ,j
                                                                      H               !
Done at Brussels,       * •
                                                                                        '  i
                                                                           For the Council
                                                                        ..  The President
 ---pagebreak---                                                          ANNEXE
                                                                                                 Κο
  CONSEJO REGULADOR
            DE LA
DENOMINACION DE ORIGEN
  (Málaga/Jerez/Valdcpeñas/
    Priorata/Rioja/Juinilla)
                                        CERTIFICADO DE LA DENOMINACION DE ORIGEN
            El que suscribe,
            del Consejo Regulador de la Denominación de Origen ...
            certifica:                            k
            1 . Que
                declaran ante él y bajo su responsabilidad que expiden la siguiente partida de vinos:
                             Bultos                                                                          Pesos
                                                         Denominación                   Litros
                    Marcir y        Numéros                                                           bruto         neto
                    numeros
                Lugas de salida                                          enviado por
                con destino a                                                de
            2. Que de acuerdo con los documentos que me exhiben y antecedentes que obran en poder de este consejo,
                los vinos cuya relación antecede fueron producidos en la Zona «                                           »
                y pueden en derecho utilizar esta denominación de origen «
                                                                                                                     19..
                                                                                (Lugar)                     (Fecha)
                 Visado de la Aduana de salida :
                                                                                    Por el Consejo Regulador
                                                                     (Selos)
 ---pagebreak---                                                            ANNEX
  CONSEJO REGULADOR                                                                                       No
             DE LA
DENOMINACION DE ORIGEN
  (Málaga/Jerez/Valdepeñas/
    Priorata/Rioia/Jumilla)
                                              CERTIFICATE OF DESIGNATION OF ORIGIN
            I, the undersigned,                                              ■.
            of the Consejo Regulador of the designation of origin
            certify:
            1 . that
                 declares on his own responsibility that he is exporting the following wines :
                             Paci:ages
                                                                                                                     W<:ight
                                                        Description of goods                   Litres
                    Marks and
                     numbers
                                       Number I
                                                                                                              gross    !      net
                                                                                          ι
                                                .  i
                                                  d
                Place^of departure                                              shipped by
                to                  :                                      at
           2. that according to the documents produced and those in.the'possessio'n of this council, the abovementioned
               wines were produced in the region of '                                      !..        • and are entitled to use the
               registered designation of origin                                           >
                                                                                                                             19..
                 Endorsement of the Customs                                          (Placé)                        (Date)
                 office of export:
                                                                                        For the Consejo Regulador
                                                                        (Seal)