CELEX: 31978R0532
Language: en
Date: 1978-03-13 00:00:00
Title: Council Regulation (EEC) No 532/78 of 13 March 1978 on the opening, allocation and administration of a Community tariff quota for sherry falling within heading No ex 22.05 of the Common Customs Tariff, originating in Spain

16 . 3 . 78                            Official Journal of the European Communities                            No L 74/ 1
                                                                I
                                             (Acts whose publication is obligatory)
                                        COUNCIL REGULATION ( EEC) No 532/78
                                                       of 13 March 1978
                 on the opening , allocation and administration of a Community tariff quota for
                 sherry falling within heading No ex 22.05 of the Common Customs Tariff, origi­
                                                        nating in Spain
THE COUNCIL OF THE EUROPEAN                                        tively ; whereas the application to sherry of the provi­
 COMMUNITIES,                                                      sions governing the common organization of the
                                                                   market in wine, and in particular those concerning
 Having regard to the Treaty establishing the European             the observance of the free-at-frontier reference price,
 Economic Community, and in particular Article 113                 entails a division of the quota period ; whereas tariff
 thereof,                                                          quotas of 18 000 and 114 170 hectolitres respectively
                                                                   should thus be opened for the aforementioned wines
                                                                   for the period 1 March to 30 April 1978 ;
 Having regard to the proposal from the Commission ,
                                                                   Whereas these wines remain subject to the provisions
Whereas on the signing of the Agreement between                    governing the common organization of the market in
 the European Economic Community and Spain (') on                  wine ; whereas inclusion in the Community tariff
 29 June 1970, the Community undertook to grant                    quota should be subject to production of movement
 preferential tariff arrangements for imports for                  certificate A.E.I and a certificate of designation of
 imports into the Community of certain wines origi­                origin as provided for in Regulation (EEC) No
 nating in Spain , in particular sherry ; whereas in order          1 1 20/75 (2) ;
 to satisfy this undertaking, the Community has
 opened each year two tariff quotas, namely :
                                                                   Whereas it is in particular necessary to ensure to all
— 40 000 hectolitres at a duty rate of 40 % of the                 Community importers equal and uninterrupted access
      Common Customs Tariff duties, for sherry in                  to the abovementioned quotas and uninterrupted
      containers holding two litres or less, falling within        application of the rates laid down for these quotas to
      subheading ex 22.05 C III a) 1 and ex 22.05 C IV             all imports of the products concerned into all Member
      a) 1 , originating in Spain and                              States until the quotas have been used up ; whereas,
— 210 000 hectolitres at a duty rate of 50 % of the                having regard to the principles mentioned above, the
      Common Customs Tariff duties, for sherry in                  Community nature of the quotas can be respected by
      containers holding more than two litres, falling             allocating the Community tariff quotas among the
      within subheadings ex 22.05 C III b) 1 and ex                Member States ; whereas, in order to reflect most accu­
      22.05 C IV b) 1 , originating in Spain ;                     rately the actual development of the market in the
                                                                   products concerned, such allocation should be in
                                                                   proportion to the needs of the Member States,
Whereas these preferential tariff arrangements were                assessed by reference to both the statistics of each
 laid down only for imports of these products into the             State's imports of the said products from Spain over a
 Member States of the Community as originally consti­              representative period and the economic outlook for
 tuted ; whereas, under the Act of Accession , importa­            the quota period concerned ;
 tion of these products into the three new Member
States are subject to Common Customs Tariff duties
with effect from 1 July 1977 ; whereas the import                  Whereas available Community statistics give no infor­
arrangements for these products should be uniform                  mation on the situation of sherry on the markets ;
throughout the Community ; whereas therefore the                   whereas, however, Spanish statistics for exports of
aforementioned annual quotas should be increased to                these products to the Community during the last few
 108 000 hectolitres and 685 000 hectolitres respec­               years can be considered to reflect approximately the
(!) OJ No L 182, 16 . 8 . 1970 , p. 2 .                            (2 ) OJ No L 111 , 30 . 4. 1975, p. 19 .
 ---pagebreak--- No L 74/2                                   Official Journal of the European Communities                                                     16. 3 . 78
situation of Community imports ; whereas on this                                      States, each of the quota amounts should be divided
basis the corresponding imports by each of the                                        into two instalments, the first instalment being allo­
Member States during the last three years represent                                   cated among the Member States and the second
the following percentages of the imports into the                                     forming a reserve intended ultimately to cover the
Community from Spain of the products concerned :                                      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
                                            1974        1975        1976
                                                                                      each   Member State,           the  first    instalment of the
                                                                                      Community quotas should be determined at a level
Sherry :                                                                              which, under present circumstances, may be about
                                                                                      90 % of each of the quota amounts ;
— in containers holding two
    litres or less :
                                                                                      Whereas the initial quota shares of the Member States
    Benelux                                45-5        49-5         62-5
                                                                                      may be used up at different times ; whereas, in order
    Denmark                                  3-7         5-2          5-7
                                                                                      to take this fact into account and avoid any break in
    Germany                                121          120         13-4
    France                                   0-4         0-3          0-3
                                                                                      continuity, it is important that any Member State
    Ireland                                  2-8         1-3          1.0             having used up almost the whole of one of its initial
    Italy                                    4-9         1-4          1-2             quota share should draw an additional quota share
    United Kingdom                         30-6         30-3        1 5-8             from the corresponding reserve ; whereas this must be
                                                                                      done by each Member State as and when each of its
— in containers holding more
    than two litres :                                                                 additional quota shares is almost entirely used up, and
                                                                                      repeated as many times as the reserve allows ; whereas
    Benelux                                25-7         39-9        35-3
    Denmark                                  3-2         2-9          51
                                                                                      the initial and additional quota shares must be avail­
    Germany                                  2-4         2-9          3-4
                                                                                      able for use until the end of the quota period ;
    France                                   01          01           01
                                                                                      whereas this method of administration calls for close
    Ireland                                  10          0-7          0-9             cooperation between Member States and the Commis­
    Italy                                    00          00           00              sion, which latter must, in particular, be able to
    United Kingdom                         67-6         53-5        55-2              observe the extent to which the quota amounts are
                                                                                      used and inform Member States thereof ;
Whereas, in view of these factors and of the estimates
                                                                                      Whereas, since the Kingdom of Belgium, the
submitted by certain Member States, initial quota                                     Kingdom of the Netherlands and the Grand Duchy of
shares may be fixed approximately at the following                                    Luxembourg are united in and jointly represented by
percentages :
                                                                                      the Benelux Economic Union, any measure
                                                                                      concerning the administration of the quota shares allo­
                                               Sherry in containers                   cated to that economic union may be carried out by
                                                     holding
                                                                                      any one of its members,
                                          two litres         more than
                                            or less          two litres
Benelux          ,                          53-61              33-46                  HAS ADOPTED THIS REGULATION :
Denmark                                       5-05              3-83
Germany                                     13-20               2-99
France                                        0-31              0-03                                                Article 1
Ireland                                       2-06              0-78
Italy                                   '     2-1 1             0-01
                                                                                       1 . Until 30 April 1978 the Common Customs
United Kingdom                              23-66              58-90
                                                                                      Tariff duties in respect of the sherries mentioned
                                                                                      below originating in Spain shall be partially
Whereas, in order to take into account import trends                                  suspended at the levels or within the limits of the
for the products concerned in the different Member                                    Community tariff quotas indicated for each of them :
                                                                                                          Rate            Quota volume
                           CCT heading No                                 Description
                                                                                                     ( in u.a./hl )           (in hi)
                 ex
                 ex
                     22.05
                     22.05
                           C
                           C
                              III
                              IV
                                  a)
                                  a)
                                     1
                                     1
                                                                           sherry
                                                                           sherry
                                                                                                          5-4
                                                                                                          5-8              | 18 000
                 ex
                 ex
                     22.05
                     22.05
                           C
                           C
                              III
                              IV
                                  b)
                                  b)
                                      1
                                      1
                                                                           sherry
                                                                           sherry
                                                                                                          5-5
                                                                                                          6-0              | 114 170
 ---pagebreak--- 16 . 3 . 78                          Official Journal of the European Communities                                      No L 74/3
                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 sherry in the Community tariff quotas referred to in paragraph 1
                shall be conditional upon production of a movement certificate A.E.1 and a certificate of
                designation of origin as provided for in Regulation (EEC) No 1120/75 and endorsed by
                the Spanish customs authorities .
                                                         Article 2
                1.    The quotas laid down in Article 1 shall be divided into two instalments.
                2. A first instalment of each quota shall be allocated among the Member States ; the
                respective shares which shall be valid until 30 April 1978 shall be as follows :
                                                                         Sherry falling within subheadings :
                                                             ex 22.05 C HI a) 1                    ex 22.05 C III b) I
                                                                     and                                    and
                                                             ex 22.05 C IV a) 1                    ex 22.05 C IV b) 1
                Benelux                                             8 690                                34 370
                Denmark                                               820                                  3 930
                Germany                                             2 140                                  3 070
                France                                                  50                                      30
                Ireland                                               330                                     800
                Italy                                                 340                                       10
                United Kingdom                                      3 830                                60 490
                                               Total               16 200                               102 700
3 . The second instalment of each quota, that is                  This process shall be applied until the reserve is
1 800 and 1 1 470 hectolitres respectively, shall consti­         exhausted .
tute the corresponding reserve .
                                                                  4. By way of derogation from paragraphs 1 , 2 and
                                                                  3, a Member State may proceed to draw shares smaller
                          Article 3
                                                                  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
1.     If 90 % or more of one of the initial shares of a          which led them to apply this paragraph .
Member State, as laid down in Article 2 (2), has been
exhausted, that Member State shall proceed without
delay, by notifying the Commission , to draw a second                                               Article 4
share equal to 10 % of its initial share, rounded up to
the next unit where appropriate, to the extent that the           Each of the additional shares drawn pursuant to
amount in the reserve allows .
                                                                  Article 3 shall be valid until 30 April 1978 .
2.     If, after one or other of its initial shares have
been exhausted , 90 % or more of the second share                                                   Article 5
drawn by a Member State has been used, that Member
State shall proceed in the manner specified in para­             The Commission shall keep account of the shares
graph 1 to draw a third share equal to 5 % of its                 opened by Member States in accordance with Articles
initial share, rounded up to the next unit where appro­           2 and 3 and shall inform each of them of the extent
priate .                                                          to which the reserve has been used as soon as it
                                                                  receives the notifications .
3.     If, after one or other of its second shares have
been exhausted , 90 % or more of the third share                 The Commission shall ensure that any drawing which
drawn by a Member State has been used, that Member                uses up the reserve is limited to the balance available
State shall , in accordance with the same conditions,             and , for this purpose, shall specify the amount thereof
draw a fourth share equal to the third .                          to the Member State which makes the final drawing.
 ---pagebreak--- No L 74/4                         Official Journal of the European Communities                             16 . 3 . 78
                        Article 6                                                    Article 7
1.    The Member States shall take all appropriate           On receipt of a request from the Commission,
measures to ensure that, when additional shares are          Member States shall inform it of imports actually
drawn pursuant to Article 3, it is possible for charges      charged against their shares.
to be made without interruption against their accumu­                                Article 8
lated shares of the Community tariff quota.                  The Member States and the Commission shall coop­
2.    The Member States shall ensure that importers          erate closely in order to ensure that this Regulation is
                                                             observed .
of the said goods established in their territory have
free access to the shares allocated to them .                                        Article 9
3.    The extent to which Member States have used            This Regulation shall enter into force on the day
up their shares shall be determined on the basis of the      following its publication in the Official Journal of
imports of the products in question entered for home         the European Communities.
use .                                                        It shall apply from 1 March 1978 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 13 March 1978 .
                                                                          For the Council
                                                                           The President
                                                                        Lise ØSTERGAARD