CELEX: 31977R2671
Language: en
Date: 1977-11-28 00:00:00
Title: Council Regulation (EEC) No 2671/77 of 28 November 1977 opening, allocating and providing for the administration of Community tariff quotas for Setubal muscatel wines falling within heading No ex 22.05 of the Common Customs Tariff and originating in Portugal (1978)

3 . 12. 77                              Official Journal of the European Communities                                     No L 310/9
                                     COUNCIL REGULATION (EEC) No 2671 /77
                                                     of 28 November 1977
               opening, allocating and providing for the administration of Community tariff
               quotas for Setubal muscatel wines falling within heading No ex 22.05 of the
                           Common Customs Tariff and originating in Portugal ( 1978)
THE COUNCIL OF THE EUROPEAN                                       Whereas available Community statistics give no infor­
COMMUNITIES,                                                      mation on the situation of Setubal muscatel wines on
                                                                  the markets ; whereas, however, Portuguese statistics
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 43
                                                                  for exports of these products to the Community
and 113 thereof,                                                  during the past three years can be considered to
                                                                  reflect approximately the situation of Community
Having regard to the proposal from the Commission,                imports ; whereas on this basis the corresponding
                                                                  imports by each of the Member States for the past
Having regard to the opinion of the European Parlia­              three years represent the following percentages of the
ment ( l),
                                                                  imports into the Community from Portugal of the
Whereas Article 4 of Protocol 8 to the Agreement                  products concerned :
between the European Economic Community and the
Portuguese Republic (2), as amended by the Interim                                                                1974     1975       1976
Agreement between the European Economic Commu­
nity and the Portuguese Republic (3), provides that               Setúbal muscatel wines :
customs duties on imports into the Community of
certain wines originating in Portugal, shall be                   — in       receptacles containing    two
                                                                       litres or less :
reduced :
                                                                       — Benelux                                   30       —         —
— by 60 % in the case of the duties applicable to                      — Denmark                                   —        20         83
                                                                       — Germany                                   50       80
      Setubal muscatel wines falling within subheadings
                                                                                                                                      —
                                                                       — France                                    —        —         —
      ex 22.05 C III a) 1 and ex 22.05 C IV a) 1 of the                — Ireland                                   —        —          —
      Common Customs Tariff up to a total annual tariff                — Italy                                     20       —
                                                                                                                                       17
      quota of 1 000 hi, and                                           — United Kingdom                            —        —          —
— by 50 % in the case of the duties applicable to                 — in receptacles containing more
                                                                       than two litres :
      Setubal muscatel wines falling within subheadings
                                                                       — Benelux                                   70
      ex 22.05 C III b) 1 and ex 22.05 C IV b) 1 of the
                                                                                                                            —          —
                                                                       — Denmark                                   —        —          —
      Common Customs Tariff up to a total annual tariff                — Germany                                   —        —          —
      quota of 2 000 hi ;                                              — France                                    —        —          —
                                                                       — Ireland                                   —        —          —
whereas these wines will remain subject to the provi­                  — Italy                                     —        —          —
sions governing the common organization of the                         — United Kingdom                            30       —          —
market in wine ;
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access
to the abovementioned quotas and uninterrupted
application of the rates laid down for these quotas to            Whereas, in view of these data and the estimates
all imports of the products concerned into all Member             submitted by certain Member States, initial quota
States until the quotas have been used up ; whereas,               shares may be fixed approximately at the following
having regard to the principles mentioned above, the               percentages :
Community nature of the quotas can be respected by
allocating the Community tariff quota among the
                                                                                                      Setúbal muscatel wines in
Member States ;                                                                                         receptacles containing :
Whereas, in order to reflect most accurately the actual                                           two litres               more than
development of the market in the products concerned,                                                or less                two litres
such allocation should be in proportion to the needs
of the Member States, assessed by reference both to                Benelux                            20                      20
the statistics of each State's imports from Portugal               Denmark                              5                        5
over a representative period and to the economic                  Germany                             20                      20
outlook for the quota period concerned ;                           France                             20                      20
                                                                   Ireland                              5                        5
(') OJ No C 241 , 10 . 10 . 1977, p. 46 .                          Italy                              10                      10
(2) OJ No L 301 , 31 . 12. 1972, p . 165 .                         United Kingdom                     20                      20
(3). OJ No L 266, 29 . 9 . 1976, p. 2 .
 ---pagebreak---  No L 310/ 10                      Official Journal of the European Communities                                          3 . 12. 77
Whereas, in order to take into account import trends
 for the products concerned in the different Member                 CCT heading No            Description          Quota amount
States, each of the quota amounts should be divided
 into two instalments, the first instalment being allo­      ex 22.05 C III a) 1
                                                                                             Setubal
                                                                                             muscatel
cated among the Member States and the second                 ex 22.0.5 C IV a) 1                                     1 000 hi
                                                                                             wines
 forming a reserve intended ultimately to cover the
 requirements of the Member States which have used                                           Setubal
up their initial quota shares ; whereas, in order to         ex 22.05 C III b) 1             muscatel
                                                             ex 22.05 C IV b) 1                                      2 000 hi
ensure a certain degree of security for importers in
each Member State, the first instalment of the
Community quotas should be determined at a level
which, under present circumstances, may be 90 % of           2.     The Common Customs Tariff duties on wines
each of the quota amounts ;                                  imported within these tariff quotas shall be suspended
                                                             at the rates listed below :
Whereas the initial quota shares of the Member States
may be used up at different times ; whereas, in order                     CCT heading No                       Rate of duty
to take this fact into account and avoid any break in
continuity, any Member State having used up almost
                                                             ex   22.05 C  III a) 1                           5-4 u.a./ hl
the whole of any one of its initial quota shares should
draw an additional quota share from the corres­              ex   22.05 Ç  IV a) 1                             5-8 u.a./ hl
ponding reserve ; whereas this must be done by each          ex   22.05 C  III b) 1                            5-5 u.a./hl
Member State when each of its additional quota shares        ex   22.05 C  IV b) 1                            6Ό u.a./hl
is almost entirely used up, and repeated as many times
as the reserve allows ; whereas the initial and addi­
tional quota shares must be available for use until the
end of the quota period ; whereas this method of                                         Article 2
administration calls for close cooperation between
Member States and the Commission , which must, in             1.    The tariff quotas laid down in Article 1 shall be
particular, be able to observe the extent to which the       divided into two instalments.                                             \
quota amounts are used and inform Member States
thereof ;                                                    2. A first instalment of each quota shall be shared
                                                             among the Member States ; the shares which, subject
                                                             to Article 5, shall be valid until 31 December 1978
Whereas if, at a specified date in the quota period, a       shall consist of the following amounts :
considerable balance of one of the initial quota shares
                                                                                                                            (beclolilrts)
remains in one or other Member State it is essential
that that Member State pays a large amount of it back                                              Setúbal muscatel wines
into the reserve, in order to avoid a part of one or                                                 under subheadings :
other of the Community quotas remaining unused in                                         ex 22.05 C III a) 1    ex 22.05 C III b) I
one Member State when it could be used in others ;                                               and                     and
                                                                                          ex 22.05 C IV a) I     ex 22.05 C IV b) I
Whereas since the Kingdom of Belgium, the                    Benelux                             180                      360
Kingdom of the Netherlands and the Grand Duchy of            Denmark                              45                       90
Luxembourg are united in and represented by the              Germany                             180                      360
Benelux Economic Union , all transactions concerning         France                              180                      360
the   administration    of  shares  allocated   to  that     Ireland                              45                       90
economic union may be carried out by any one of its          Italy                                90                      180
members,                                                     United Kingdom                      180                      360
                                                                                  Total          900                   1 800
HAS ADOPTED THIS REGULATION :
                                                             3. The second instalment of each quota, 100 and
                                                             200 hectolitres respectively, shall constitute the
                                                             reserve .
                        Article 1
                                                                                         A rtic/e 3
1.    From 1 January to 31 December 1978, Commu­
nity tariff quotas shall be opened for products origi­       1.     If 90 % or more , of one of the initial shares of a
nating in Portugal, within the limits listed below :         Member State, as laid down in Article 2 (2) or 90 % or
 ---pagebreak--- 3 . 12. 77                             Official Journal of the European Communities                         No L 310/ 11
more of that share less the amount returned into the                                      A rticle 6
reserve, where the provisions of Article 5 have been
applied, has been exhausted, that Member State shall
                                                                 The Commission shall keep account of the shares
proceed without delay, by notifying the Commission,
to draw a second share equal to 1 5 % of its initial             opened by Member States in accordance with Articles
                                                                  2 and 3 and shall inform each of them of the extent
share, rounded up to the next unit where appropriate,            to which the reserves have been used as soon as it
to the extent that the amount in the reserve allows.
                                                                  receives the notifications .
2.      If, after one or other of its initial shares has been     The Commission shall , not later than 5 October 1978 ,
exhausted, 90 % or more of the second share drawn                 notify Member States of the amount in each reserve
by a Member State has been used, that Member State                after the return of shares pursuant to Article 5.
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,             The Commission shall ensure that any drawing which
to the extent that the amount in the reserve allows .             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.
3.      If, after one of its second shares 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 ,                                    Article 7
to draw a fourth share equal to the third.
                                                                  1.     The Member States shall take all appropriate
This process shall be applied until the reserve is                measures to ensure that, when additional shares are
exhausted .                                                       drawn pursuant to Article 3, it is possible for charges
                                                                  to be made, without interruption , against their accu­
                                                                  mulated shares of the Community tariff quotas.
4. Notwithstanding paragraphs 1 , 2 and 3, the
Member States may proceed to draw shares smaller                  2. The Member States shall ensure that importers
 than those fixed in those paragraphs if there is any             of the said goods established in their territory have
 reason to believe that those shares might not be used            free access to the shares allocated to them .
 up. They shall inform the Commission of the reasons
 which led them to apply this paragraph .
                                                                  3.     The extent to which a Member State has used up
                                                                  its shares shall be determined on the basis of the
                                                                  imports originating in Portugal as and when the goods
                                                                  are entered with customs authorities for home use.
                           Article 4
 Each of the additional shares drawn pursuant to
 Article 3 shall be valid until 31 December 1978 .                                        Article 8
                                                                  At the Commission 's request Member States shall
                                                                   inform it of imports of the products concerned actu­
                           Article 5                              ally charged against their shares.
 The Member States shall return to the reserve, not
 later than 1 October 1 978 , the unused portion of their                                 Article 9
 initial share which, on 15 September 1978 , is in
 excess of 20 % of the initial amount. They may return            The Member States and the Commission shall coop­
 a larger quantity if there are reasons to believe that
                                                                   erate closely in order to ensure that the provisions of
 such quantity might not be used.                                  this Regulation are observed .
 The Member States shall, not later than 1 October
  1978, notify the Commission of the total imports of                                     Article 10
 the products concerned effected up to 1.5 September
  1978 inclusive and charged against the Community
 quotas and, where appropriate, the proportion of their            This Regulation shall enter into force on 1 Januar
  initial shares that is being returned to each reserve.            1978 .
 ---pagebreak--- No L 310/12                  Official Journal of the European Communities                        3 . 12. 77
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 28 November 1977.
                                                                   For the Council
                                                                     The President
                                                                      L. OUTERS