CELEX: 51978PC0151
Language: en
Date: 1978-04-11
Title: Proposal for a COUNCIL REGULATION (EEC) concerning the allocation of a Community quota of wine of fresh grapes, intended to be fortified for distillation, originating in Algeria (1978/79) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 151
Vol. 1978/0051
 ---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 EUROPE AH COMMUMITI ^
                                                   COM(78)151 final
                                                   Brussels . 11 April 1978
                             Proposal for a
                        COUNCIL REGULATION ( EEC )
          concerning the allocation of a Community quota of
          wine of fresh grapes , intended to be fortified for
            distillation , originating in Algeria ( 1978/79 )
             ( submitted to the Council "by the Commission )
 COX(78 ) 151 final
 ---pagebreak---                             EXPLANATORY MEMORANDUM
           The Cooperation Agreement between the European Economic Community
and the Peoples Democratic Republic of Algeria , signed on 26 April 1976
and which will enter into force on ( 1st July 1978 ), makes provision for a
tariff concession , for four years , consisting of an 80 % reduction in the
customs duties for imports of wine of fresh grapes , intended for fortifying
and originating in Algeria , subject to an annual quota of 500.000 hecto-
litres , on condition that a special import price is observed .
           Article 3 ( 1 ) of Council Regulation ( EEC ) No 1516 / 76 on imports
into the Community of wine of fresh grapes , intended to be fortified for
distillation , originating in Algeria lays down that the allocation of the
quota is to be effected by the Council , acting by a qualified majority on
a proposal from the Commission .    Such allocation must be effected in
proportion to Member States' requirements , calculated on the basis of
statistics of imports of the said wines originating in Algeria and the
economic prospects for the quota period under consideration .        However , in
this particular case , there are no statistics - either Community or natio­
nal - for the wines in question .    In these circumstances , it would seem
advisable on the basis of this regulation to review the quota shares for
the Member States for a third period for 1 July 1978 to 30th June 1979 .
           The Commission therefore proposes that the Council should adopt
the following proposal for a regulation concerning the allocation of a
quota of wine of fresh grapes , intended for fortifying , originating in
Algeria .
                              »
FINANCIAL IMPLICATION
This regulation does not involve any financial implication .
 ---pagebreak---                           COUNCIL REGULATION ( EEC )
      concerning the allocation of a Community quota of wine of fresh grapes ,
      intended to be fortified for distillation , originating in Algeria
      ( 1978 / 79 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation ( EEC ) No 1516 / 76 of 24 June 1976 on
imports of wine of fresh grapes , intended to be fortified for distillation ,
                              Λ
originating in Algeria ( ), and in particular Article 3 ( 1 ) thereof ,
Having regard to the proposal from the Commission ,
Whereas Regulation ( EEC ) N° 1516 / 76 lays down that , pursuant to the
Cooperation Agreement between the European Economic Community and the People
Democratic Republic of Algeria signed on 26           April 1976 and which enters
into force on (1         July 1978 ), wines of fresh grapes , intended for forti­
fying , falling within subheadings 22.05 C I ex b ) and C II ex b ) of the
Common Customs Tariff , originating in Algeria , may be imported into the
Community with a tariff concession consisting of an 80 % reduction in the
customs duties and within the limits of a Community quota subject to
observance of a special price ; whereas the annual quota is 500 000 hecto-
litres per year for four years from the entry into force of the Interim
Agreement ( 2 )     on 1    July 1976 which was aimed at implementing certain
provisions of the Cooperation Agreement ; whereas the third annual Community
quota should be allocated for the period 1 July 1978 to 30 June 1979 ;
Whereas , in order to follow as closely as possible the actual development
of the market in the products in question , such allocation must be effected
in proportion to Member States' requirements , calculated on the basis of the
statistics on imports of the said products from Algeria during a represen­
tative period and also on the basis of the economic prospects for the tariff
period under consideration ;                         :i
( 1 ) J.O n° L 169 , 28.6.1976 , p. 29 ,
( 2 ) J.O n° L 141 , 28.5.1976 , p. " 2 .
 ---pagebreak---                                        2
Whereas , however , in this case , there are no Community or national statis­
tics for the wines in question ; whereas , provision should consequently be
made for allocating the total quota into shares which take account of the
capacity of the markets of the Member States to absorb the said wines ;"
Whereas , in order to take account in these conditions of the uncertainty in
trends in imports into the Member States of the product concerned , the
quota should be divided into two instalments ; the first to be allocated ,
among all the Member States and the second to form a reserve intended to
cover any subsequent requirements of Member States which have used up
their initial shares ;
Whereas Member States may use up their initial shares at different rates ;
whereas to provide for this eventuality and to avoid disruption of
 supplies , any Member State which has almost used up its initial share
 should draw an additional share from the reserve ; whereas this should be
done by each Member State when each of its additional shares has been almost
used up , and ^o on as many times as the reserve allows ; whereas the initial
 and additional shares should be valid until the end of the quota period ;
 Whereas if , at a given date in the quota period , a considerable quantity
of a Member State 's initial share remains unused , it is essential , that
that Member State should return it to the reserve so as to prevent a part
of the quota from 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 within and jointly represented by
 the Benelux Economic Union any measure concerning the administration of
 the shares allocated to that economic union may be carried out by any one
 of its members ,                        /
                                                                     •/•• •
 ---pagebreak---                                          3
HAS ADOPTED THIS REGULATION :
                                    Article 1
The 500 000 hectolitres quota opened for wine of fresh grapes intended for
fortifying , originating in Algeria , under the conditions laid down by
Regulation ( EEC ) No 1516 / 76 , shall be allocated as follows among the
Member States for the period 1 July 1978 to 30 June 1979 .
                                                     ( in hectolitres )
      Bénélux                                               30 000
      Denmark                                                1 250
      Germany                                              115 000
      France                                               100 000
      Ireland                                                1' 250
      Italy                                                100 000
      United Kingdom                                         7 500
The remaining 145 000 hectolitres shall constitute the reserve .
                                    Article 2
1 . If 90 % or more of any Member State 's initial share as fixed in Article
    1 is used for fortifying as part of its initial share , that Member
    State shall forthwith, by notifying the Commission , draw a second share
    which may amount to the total quantities actually used for fortifying ,
    tothe extent that the reserve so permits .
2 . Other shares may be drawn in accordance with the same conditions until
    the reserve is used up .
3. Member States shall return to the reserve , not later than 1 April 1979 ,
    the unused share of their quota .      The reserve shall be used in accordance
    with paragraph 2 .
                                                                  •••/•••
 ---pagebreak---                                    4
                               Article 3
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply with effect from 1 July 1978 .
            This Regulation shall be binding in its entirety and
            directly applicable in all Member States .
            Done at Brussels ,
                                          For the Counci I
                                           The President