CELEX: 51987PC0479
Language: en
Date: 1987-10-20
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for certain wines having a registered designation of origin, falling within the Combined Nomenclature Codes ex 2204.21-21, ex 2204.21-23, ex 2204.21-31 and ex 2204.21-33 and originating in Yugoslavia (1988) (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 479
Vol. 1987/0242
 ---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) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, 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 ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
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 last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, 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 or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
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), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(87 ) 479 final
                                                       Brussels , 20 October 1987
                                  Proposal for a
                            COUNCIL REGULATION ( EEC )
opening , allocating and providing for the administration of a Community
   tariff quota for certain wines having a registered designation of
          origin , falling within the Combined Nomenclature Codes
              ex 2204.21-21 , ex 2204.21-23 , ex 2204.21-31 and
                       ex 2204.21-33 and originating in
                                Yugoslavia ( 1988 )
                         ( presented by the Commission )
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C0M(87 ) 479 final                                        U -.
 ---pagebreak---                             EXPLANATORY MEMORANDUM
1. The Cooperation Agreement between the European Economic Community and
   the Socialist Federal Republic of Yugoslavia provides in Article 22
   for the opening of an annual Community tariff quota of 12 000 hi to be
   imported into the Community of certain wines having a registered
   designation of origin , falling within the Combined Nomenclature Codes
   ex 22.04.21-21 , ex 22.04.21-23 , ex 22.04.21-31 and ex 22.04.21-33 ,
   originating in Yugoslavia at customs duties of respectively 10,1 ECU / hl ,
   10,1 ECU / hl , 11,8 ECU hi and 11,8 ECU / hl .
   Until de conclusion of an additional Protocol to the Agreement as a
   consequence of the accession of Spain and Portugal the tariff measure
   in question applies only for the Community as cosntitued on 31 December
   1985 .
   The names of the wines having a registered designation of origin
   admitted in the limit of the tariff quota and the model of the certificate
   of designation of origin to be established by the Yugoslavian authorities
   are specified in the exchange of letters of 18 July 1983 ..
2. From the date of opening of this quota , the nomenclature used by the
   Common Customs Tariff will be replaced by the Combined Nomenclature
   based on the International Convention on the Harmonized Commodity
   Description and Coding System . This proposal already takes account of
   that fact by including in Article 1 the Combined Nomenclature Codes
   and where appropiate the TARIC code numbers of the products concerned ,
3. The Commission is aware that the transposition of certain tariff
   concessions from the Common Customs Tariff to the Combined Nomenclature
   might raise problems which would need to be settled between the
   interested parties .
   It therefore reserves the option to amend its proposal in the course of
   the procedure to adapt it , where appropiate , to requirements .
   It is , therefore , appropiate to open this tariff quota for 1988 .
 ---pagebreak---                                       2
4.   The proposal for the regulation opening this tariff quota provides - as
    customary - for the division of the quota volume into two instalments ,
    the first being allocated among the Member States as quota shares , the
    second being held as a reserve .
    The allocation of the volume of the first instalment of the quota
    should be based on the rules generally applied . These involve calculating
    each Member State 's total imports over the last three years as a
    proportion of total Community imports during the same period and
    applying , for each Member State , the percentages thus obtained to the
    volume of the first instalment .
    In this case neither Community nor national statistical data split up
    for the types of the wines in question are avaible and no estimates
    can be put forward . In these circumstances inital shares should be
    established for taking into account the possibilities of consumption of
    these wines in each of the Member States .
5.  In is proposed that the proposal for a Council Regulation opening the
    Community tariff quota described above would be approved .
ANNEX :  1 proposal for a Regulation ( EEC ) of the Council
 ---pagebreak---                                   NOTE
The tariff quota concerned might be modified in the context of the result
of the negotiations with the contracting country in view of the conclusion
of an Additional Protocol to the Agreement in question . Pending this , the
proposed Regulation permits the respect of the engagements contracted by
the Community .
The Commission reserves the possibility of modifying the proposal during
the procedure .
 ---pagebreak---                                                      Proposai.
                                    COUNC IL REGULATION ( EEC ) No                   / OV
                                                  of
              opening, allocating and providing for the administration of a Community tariff quota for
              certain wines having a registered designation of origin , falling within COnPined Momenc lature
 Codes ex 22.04.21-21 , ex 22.04.21-23, cx 22.04.21-31 and .ex 22.04.21-33 and originatirvf
 in Yugoslavia (1988).                                                                                     J
                             THE COUNCIL OF THE EUROPEAN COMMUNITIES,
                             Having regard to the Treaty establishing the European
                             Economic Community , and in particular Article 113
                             thereof,
                             Having regard to the proposal from the Commission,
                             Whereas Article 22 of the Cooperation Agreement between
                             the European Economic Community and the Socialist
                             Federal Republic of Yugoslavia ( ' ) stipulates that certain
                             wines having a registered designation of origin falling
                             vvithin the Combined Nomenclature Codes ex 22.04.21-21, ex 22.04.21-23,
  ex 22.04.21-31 and ex 22.04.21-33 originating in Yugoslavia and specified in the
                             Agreement in the form of an exchange of letters of 18 July
                             1983 , shall be imported into the Community at customs
                             duties equal to 70 % of the duties of the Common Customs
                             Tariff within the limits of an annual Community tariff
                             quota of 12 000 hectolitres; whereas these wines must be
                             put in containers holding two litres or less and must be
                    accompanied either by a certificate of designation of origin in
                             accordance with the model appearing in the Annex to this
Regulation or by way of derogation by a document VI 1 or of an extract document VI 2
annotated in corpliance with the provisions of Article 9 of Regulation (EEC) No 3590/85 (2);
                                           whereas a tariff quota of 12 000 hectolitres
                             should therefore be opened for the period up to
                             31 December 1988;
                             Whereas the wines in question are subject to compliance
                             with the free- at-frontier reference price ; whereas , in
                             order that such wines may benefit from this tariff quota ,
                             Article 54 of Regulation ( EEC ) No 222/87 (3), as last
                             amended by Regulation ( EEC ) No 3350/87 (4), must be
                             complied with ;
                             Whereas, since a Protocol as provided for in Articles 79
                             and 366 of the Act of Accession of Spain and Portugal does
                             not exist, the Community must take the measures referred
                             to in Articles 180 and 367 of that Act ; whereas the tariff
                             measure concerned will , therefore , apply to the
                             Community as constituted on 31 December 1985 ;
(1 )   '     No L     41 , 14.2.19G3 , p. 2
(2)       .   No L    343 , 20.12.1985 , p. 20
( 3)      .   No L     84 , 16.3.1987 , p. 1
(4)        .  No L    133,27.5.1987 , p. 3
 ---pagebreak---                                          2
Whereas at the date of opening of this quota the nomenclature
used by the Comron Customs Tariff will be replaced by the Combined
Nomenclature based on the International Convention on the Harmonised
Conmodity Description and Coding System; whereas this regulation
must take account of that fact by indicating the Combined Nomenclature
Codes and, where appreciate, the TARIC code numbers of the products
concerned;
         Whereas it is in particular necessary to ensure equal and
         uninterrupted access for all Community importers to the
         abovementioned quota , and uninterrupted application of
         the rates laid down for this quota to all imports of the
         products concerned into the Member States until the quota
         has been used up ; whereas , having regard to the above
         principles , the Community nature of the quota can be
         respected by allocating the Community tariff quota among
         the Member States ; whereas , in order to reflect most
         accurately the actual development of the market in the
         products in question , such allocation should be in
         proportion to the requirements of the Member States ,
         assessed by reference to both the statistics relating to
         imports of the said products from Yugoslavia over a
         representative reference period and the economic outlook
         for the quota period concerned ;
         Whereas in this case , however , neither Community nor
         national statistics showing the breakdown for each of the
         types of wines in question are available and no reliable
         estimates of future imports can be made; whereas in these
         circumstances the quota volumes should be allocated in
         initial shares , taking into account demand for these wines
         on the markets of the various Member States ;
         Whereas , to take into account import trends for           the
         products concerned in the various Member States ,          the
         quota amount should be divided into two instalments ,      the
         first being allocated among the Member States and          the
         second held as a reserve intended to cover at a later date the
         requirements of Member States who have used up their
         initial share ; whereas , in order to guarantee some degree of
         security to importers in each Member State , the first
         instalment of the Community quota should be fixed at a
         level which could , in the present circumstances , beys, % of
         the quota volume ;
 ---pagebreak---                             - з' -
 Whereas the : nin.;i shares of the Member SntCj may he
 used up at             rate*; whereas , in order to take this
 into account auu to avoid a break in continuity , any
 Member State winen has used up almost all of its initial
 share should draw an additional share from the reserve ;
 whciw-u , t'hs snonld be done by each Member State each
 time one of its additional shares is almost used up , and so
 on as many times as the reserve allows ; whereas the initial
and addir.onal shares must be valid untii end of the quota
period ; whereas this form of administration requires close
collaboration     between    the   Member     Stares and   the
Commission , and the Commission must be in a position to
noliow the extent to which the quota volume has been used
up and inform the Member States thereof;
Whereas , if at a given date in the quota period a substantial
quantity of its initial share remains unused in any Member
State, it is essential that it should return a significant
proportion thereof to the reserve, to prevent 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 within and jointly represented by the Benelux
Economic Union , all transactions concerning the
 administration of the shares allocated to that economic
 union may be carried out by any one of its members.
 HAS ADOPTED THIS REGULATION :
                             Article 1
  1 . From 1 January to 31 December 19db the Combined
Nomenclature       duties in respect of the following products
 originating in Yugoslavia shall be suspended in the
 Community as constituted on 31 December 1985 at the
  levels and within the limit of a Community tariff quota as
  shown herewith ;
 ---pagebreak---                                                  4
        Combinée!  J                                                            Volume of
                                                                                                    Rates of
      Nomenclature
                    !                        Descriptions                       the quota
                    ■                                                             ( in hi )           duty
          Code
                      Wine of fresh grapes, including fortified
                      wines, grape must other than that of heading
                      No 20.09
                      - Other wine; grape must with fermentation
                        prevented or arrested by the addition of
  i
                        alcohol :
                      -- In containers holding 2 l or          less :
                      - Other :
                      - Of an actual alcoholic strength by                                  ÌI
                            volume not exceeding 13 % voi :
I   ex 22.04.21-21                – wines entitled to one of the following
i
                                     designations of origin :
!   ex 22.04.21-23                   – Ljutomersko – Ormoäke gorice , LaSki
                                        Rizlmg
                                     – Ohrid , Merlot
                                     – Herzégovina – Mostar :                                  • 10,1 ECU / hl
                                        – Zilavka
                                        – Blatina
                                     – Fruäka Gora, Talijanski Rizling
                                     – Oplenac , Lipovac
                                     – Istra , Merlot
                                     – Tikveä :
                                        – Krater
                                        – Kratoáija
                                     – Srednja i juzna dalmacija :
                                        – Dingai
                                        – Kästelet
                                                                              •  12 000
                                    – Crna Gora , Vranac
                      - Of an actual alcoholic strength by
                            volume exceeding 13 % voi but not
                            exceeding 15 % voi :
    ex 22.04.21-31                – wines entitled to one of the following
                                    designations of origin :
    ex 22.04.21-33                  – Ljutomersko – OrmoSke gorice, LaSki
                                        Rizling
                                    – Ohrid , Merlot
                                    – Herzégovina – Mostar:
                                       – Zilavka
                                       – Blatina
                                                                                             ■ 11,8 ECU / hl
                                    – Fruáka Gora, Talijanski Rizling
                                    – Oplenac , Lipovac
                                    – Istra, Merlot                         j
                                    – Tikves :
                                       – Krater
                                       – KratoSija
                                    – Srednja i juina dalmacija :
                                       – Dingai
                                       – Kästelet
                                    – Crna Gora , Vranac and Originating
                                       in Yugoslavia
 ---pagebreak---                           2 . The ’vines hi question shall he subject to compliance
                          with he fr -e - jt - ' - o.'-'tiei reference price . In on.er that such
                         wines in.;' henvn * from this tariff quota , Article 54 of
                         Regulation i EH -,., Vo 822/87, as Last amended by Regulation (EEC)
 i\b 33 /0/87, nust bc conp'Add witK
                          3 . Each of these wines , when imported , shall be
                 accOfi'Dan.ied either bv a certificate of designation of origin ,
                          issued by the relevant Yugoslavian authority , in accordance
                          with tiie model annexed to this Regulation or by way of derogat ion by a
uoa»nent VI 1 or of an extract of document VI 2 annotated in compliance with the provisions
of Article 9 of Regulation (EEC) No 3590/85 (2).
                                                             Article 2
                          1 . The Community tariff quota referred to in Article 1
                         shall be divided into two instalments .
                         2 . A first instalment , amounting to 9 000 hectolitres
                         shall be allocated among the Member States ; the shares ,
                         which subject to Article 5 shall be valid until 31 December
                          198y, shall be as follows :
                                                                                   (hectolitres)
                                  Benelux                                             800
                                  Denmark                                            620
                                  Germany                                          6 650
                                  Greece                                               10
                                  France                                             440
                                  Ireland                                              20
                                  Italy                                                10
                                  United Kingdom                                     450
                         3 . The second instalment , amounting to 3 000 hectolitres,
                         shall constitute the reserve .
                                                             Article 3
                          1.  If 90 % or more of a Member State’s initial share , as
                         specified in Article 2 ( 2 ), or of that share less the portion
                         returned to the reserve where Article 5 has been applied ,
                         has been used up , that Member State shall , without delay ,
                         by notifying the Commission , draw a second share equal to
                          15 % of its initial share , rounded up where necessary to the
                          next whole number , in so far as the amount in the reserve
                          allows .
                         2 . If, after its initial share has been used up , 90 % or
                          more of the second share drawn by a Member State has
                          been used up , that Member State shall , in accordance with
                         the conditions laid down in paragraph 1 , draw a third
                         share equal to 7,5 % of its initial share .
                          3 . If , after its second share has been used up , 90 % or
                          more of the third share drawn by a Member State has been
                          used up , that Member State shall , in accordance with the
                         conditions laid down in paragraph 1 , draw a fourth share
                         equal to the third .
                         This process shall continue to apply until the reserve is used
                         up .
 ---pagebreak---                                    6 -
4 . Notwithstanding paragraphs 1 , 2 and 3 , Member
States may draw smaller shares than those fixed in these
paragraphs if there is reason to believe that those fixed
might not be used up . They shall inform the Commission
of their grounds for applying this paragraph .
                           Article 4
The additional shares drawn pursuant to Article 3 shall be
valid until 31 December 198K.
                           Article S
Member States shall return to the reserve , not later than
 1 October 198 ?, the unused portion of their initial shares
which on 15 September 1985 *s *n excess of 20 % of the
initial amount . They may return a greater quantity if there
are grounds for believing that this quantity might not be
used in full .
Member States shall notify the Commission , not later than
1 October 1988, of the total imports of the products
concerned effected under the Community quotas up to and
including 15 September 1988 and , where appropriate , the
proportion of their initial share that they are returning to
the reserve .
                           Article 6
The Commission shall keep an account of the shares
opened by Member States pursuant to Articles 2 and 3 and ,
as soon as it has been notified , shall inform each Member
State of the extent to which the reserve has been used up .
It shall notify the Member States , not later than 5 October
1983 , of the state of the reserve after quantities have been
returned thereto pursuant to Article 5 .
It shall ensure that the drawing which uses up the reserve is
limited to the balance available and , to this end , shall
specify the amount thereof to the Member State making the
final drawing .
                           Article 7
 1 . Member States shall take all measures necessary to
ensure that additional shares drawn pursuant to Article 3
are opened in such a way that imports may be charged
 ---pagebreak--- wthout : ntc : - upturn against their aggregate shaics *.n the                             Article 8
Oomnu ."ijry quota .
                                                                  At the request of the Commission , Member States shall
                                                                  inform it of imports actually charged against their shares .
2 . Member States shall ensure that importers of the
products fume free access to the shares allocated to them .
                                                                                           Article 9
3 . Member States shall charge the imports of the products        The Member States and the Commission shall collaborate
concerned against tUeir shares as and when the products           closely in order to ensure that this Regulation is
are entered with customs authorities for free circulation .       observed .
4 . The extent to which a Member State has used up its                                    Article 10
shares shall be determined on the basis of the imports
charged in accordance with paragraph 3 .                          This Regulation shall enter into force on 1 January 198&
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels ,
                                                                                     For the Council
                                                                                       The President
 ---pagebreak---                                                                                           -f -
                ANEXO – BILAG – ANHANG – I1APAPTHMA – ANNEX – ANNEXE – ALLEGATO – B1JLAGE – ANEXO
     1. Exporter Exportateur
     1 . Exporter – Exportateur
                                                                                             I        CERTIFICATE
                                                                                                      CERTIFICATE OF    OF DESIGNATION
                                                                                                                            DESIGNATION OF      OF ORIGIN
                                                                                                                                                      ORIGIN
                                                                                                        CERTIFICAT D'APPELLATION D' ORIGINE
                                                                                                      YUGOSLAV WINES               VINS YOUGOSLAVES
                                                                                                                            No 000000
                                                                                              __No                              000000_
 , "2.2. Consignée –  - Destinataire                                                           3. ISSUING AUTHORITY – ORGANISME ÉMETTEUR
A
                                                                                               4. Désignation of origin – Appellation d'origine
   5. Marks and numbers – Number and kind of packages                                                                            6. Gross mass (kg ) 77.. Litres
                                                                                                                                                          Litres
        Marques et numéros – Nombre et nature des colis                                                                             Masse brute (kg )     Litres
   8. Litres ( in words) – Litres ( en lettres)
   9. CERTIFICATION BY THE ISSUING AUTHORITY – VISA DE L' ORGANISME ÉMETTEUR
        The wine described in this certificate is wine produced within the wine district of .            .
        and is considered by Yugoslav legislation as entitled to the designation of origin ' .               .
        Le vin
        Le vin décrit
               décrit dans
                      dans lele présent
                                présent certificat
                                        certificat aa été
                                                      été produit
                                                           produit dans
                                                                     dans lala zone
                                                                               zone viticole
                                                                                     viticole dede ..                                                            J
        et est
        et est reconnu
               reconnu,, suivant
                         suivant lala loi
                                      loi yougoslave,
                                          yougoslave, comme
                                                          comme ayant
                                                                   ayant droit
                                                                             droit àà lala dénomination
                                                                                           dénomination d'origine
                                                                                                          d'origine «« . ».                                      |
        Place –
        Place  – Lieu
                  Lieu :                           Date –
                                                   Date  – Date
                                                             Date ::                                       Signature and stamp – Signature et cachet :
   __