CELEX: 31977R0483
Language: en
Date: 1977-03-08 00:00:00
Title: Council Regulation (EEC) No 483/77 of 8 March 1977 opening, allocating and providing for the administration of Community tariff quotas for certain wines having a registered designation of origin, falling within subheading ex 22.05 C of the Common Customs Tariff, originating in Morocco (1977/78)

No L 65/4                             Official Journal of the European Communities                                11 . 3 . 77
                                      COUNCIL REGULATION (EEC) No 483/77
                                                     of 8 March 1977
               opening, allocating and providing for the administration of Community tariff
               quotas for certain wines having a registered designation of origin , falling within
               subheading ex 22.05 C of the Common Customs Tariff, originating in Morocco
                                                          ( 1977/78)
THE COUNCIL OF THE EUROPEAN                                       importation of products in the wine-growing sector
COMMUNITIES,                                                      originating in certain third countries (4), introduced
                                                                  the idea of a free-at-frontier reference price, being the
                                                                  reference price less customs duties actually levied ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 43
and 1 1 3 thereof,
                                                                  Whereas it is in particular necessary to ensure equal
Having regard to the proposal from the Commission,                and uninterrupted access for all Community importers
                                                                  to the abovementioned quotas, and uninterrupted
                                                                  application of the rates laid down for these quotas to
Having regard to the opinion of the European Parlia­
                                                                  all imports of the products concerned into the
ment ( !),
                                                                  Member States until the quotas have been used up ;
                                                                  whereas, having regard to the above principles, the
Whereas the Interim Agreement between the Euro­                   Community nature of the quotas can be respected by
pean Economic Community and the Kingdom of                        allocating the Community tariff quotas among the
Morocco (2), signed on 27 April 1976 stipulates in                Member States ; whereas, in order to reflect most accu­
Article 14 that certain wines having a registered desig­          rately the actual development of the market in the
nation of origin falling within subheading ex 22.05 C             products in question, such allocation should be in
of the Common Customs Tariff, originating in                      proportion to the requirements of the Member States,
Morocco, shall be imported into the Community free                assessed by reference to both the statistics relating to
of customs duties within the limits of an annual                  imports of the said products from Morocco over a
Community tariff quota of 50 000 hectolitres ;                    representative reference period and the economic
whereas these wines must be put up in containers                  outlook for the quota period concerned ;
holding two litres or less ; whereas, however, the
Community has declared itself willing to apply the
abovementioned provisions for a period of one year
and for a volume not exceeding 20 000 hectolitres to              Whereas in this case, however, neither Community
wine exported in bulk ; whereas wines in bulk must                nor national statistics showing the breakdown for each
be put up in accordance with specific requirements ;              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
Whereas the import price for the wines must at any
                                                                  should be allocated in initial shares, taking into
given moment be not less than the Community refer­                account demand for these wines on the markets of the
ence prices for them ; whereas these wines must be                various Member States :
accompanied by a certificate of designation of origin
in accordance with the model given in Annex D to
the Agreement in question ;
                                                                  Whereas, to take into account import trends for the
Whereas, on the basis of an exchange of letters                   products concerned in the various Member States,
provided for in Article 14 of the Agreement and                   each of the quota amounts should be divided into two
signed on            (3), the tariff reduction shall apply        instalments, the first being allocated among the
from 1 April 1977 ; whereas the Community tariff                  Member States and the second held as a reserve
quota in question should therefore be opened for an               intended to cover at a later date the requirements of
initial period from 1 April 1977 until 31 March 1978 ;            Member States who have used up their initial share ;
                                                                  whereas, in order to guarantee some degree of security
Whereas Council Regulation (EEC) No 2506/75 of 29                 to importers in each Member State, the first instal­
September 1975 laying down special rules for the                  ment of the Community quotas should be fixed at a
                                                                  level which could in the present circumstances, be
(•) OJ No C 57, 7. 3 . 1977, p. 59 .                              50 % of each of the quota volumes ;
(2) OJ No L 141 , 28 . 5. 1976, p. 98 .
(3 ) See page 2 of this Official Journal .                        (4) OJ No L 256, 2. 10 . 1975, p. 2.
 ---pagebreak--- 11 . 3 . 77                         Official Journal of the European Communities                                   No L 65/5
Whereas the initial shares of the Member States may                   reserve, to prevent a part of one or other of the
not be used up at the same rate ; whereas, in order to                Community quotas remaining unused in one Member
take this into account and to avoid disruption, any                   State when it could be used in others ;
Member State which has used up almost all of one of
its initial shares should draw a supplementary share                  Whereas, since the Kingdom of Belgium, the
from the relevant reserve ; whereas this should be                    Kingdom of the Netherlands and the Grand Duchy of
done by each Member State each time one of its                        Luxembourg are united in and represented by the
supplementary shares is almost used up, and so on as                  Benelux Economic Union, all transactions concerning
                                                                      the administration of the shares allocated to the above­
many times as the reserve allows ; whereas the initial
and supplementary shares should be valid until the                    mentioned economic union may be carried out by any
                                                                      one of its members,
end of the quota period ; whereas this form of adminis­
tration requires close collaboration between the
Member States and the Commission, and the Commis­
                                                                      HAS ADOPTED THIS REGULATION :
sion must be in a position to follow the extent to
which the quota volumes have been used up and
inform the Member States thereof ;                                                            Article 1
Whereas, if at a given date in the quota period a                      1 . For the period from 1 April 1977 to 31 March
Member State has a considerable quantity of one of its                 1978 Community tariff quotas shall be opened for the
initial shares left over, it is essential that it should              following products originating in Morocco within the
 return a significant proportion thereof to the relevant              limits set out below :
                      CCT
                                                                                                          Quota
                    heading                                 Description                                  volume
                       No
                22.05           Wine of fresh grapes ; grape must with fermentation arrested by
                                the addition of alcohol :
                                C. Other :
                                    — Wines entitled to one of the following designations of
                                       origin :
                                       BERKANE, SAIS, BENI M'TIR, GUERROUANE,
                                       ZEMMOUR, ZENNATA
                                       of an actual alcoholic strength not exceeding 15° :
                                       — In containers holding two litres or less                        30 000
                                                                                                       hectolitres
                                       — In containers holding more than two litres                      20 000
                                                                                                       hectolitres
  2. Within these tariff quotas the Common Customs                     (b) the containers must be completely filled ;
 Tariff duties applicable to these wines shall be totally
 suspended . The new Member States shall apply duties                   (c) the means of closing the containers must be such
 calculated in accordance with the relevant provisions                      that they cannot be tampered with and must
  of the Interim Agreement on trade in goods between                        ensure that they cannot be the subject of opera­
  the European Economic Community and Morocco                               tions during transportation or storage other than
  and of the Act of Accession .                                             those carried out under the supervision of the
                                                                            authorities of either Morocco or the Member
                                                                            States ;
  3. The wines in question shall benefit from these
  tariff quotas on condition that the prices on import                  (d) each container must be labelled in such a way as
  into the Community are not at any time less than the                      to permit identification of the quality wine it
  free-at-frontier reference prices referred to in Regula­                  contains ;
  tion (EEC) No 2506/75 and subsequent texts which
  apply to such prices.                                                 (e) the wine in question may be transported only in
                                                                            containers of a capacity not exceeding 25 hecto­
                                                                            litres .
  4. Wine in containers holding more than two litres
  must be put up in accordance with the following
  requirements :                                                        5. Each of these wines, when imported, shall be
                                                                        accompanied by a certificate of designation of origin,
  (a) the containers must be suitable for transporting                  issued by the relevant Moroccan authority, in accor­
       wine and be used solely for that purpose ;                       dance with the model annexed to this Regulation .
 ---pagebreak--- No L 65/6                                Official Journal of the European Communities                                     11 . 3 . 77
                          Article 2                                        4. Notwithstanding paragraphs 1 , 2 and 3, Member
                                                                           States may draw smaller shares than those fixed in
1.    The tariff quotas laid down in Article 1 shall be                    these paragraphs if there is reason to believe that
divided into two instalments.                                              those fixed might not be used up. They shall inform
                                                                           the Commission of their reasons for applying this
                                                                           paragraph.
2. A first instalment of each quota shall be allo­
cated among the Member States ; the shares which,
subject to Article 5, shall be valid up to 31 March                                               Article 4
1978 , shall be as follows :
                                                          (in hectolitres)
                                                                           Each additional share drawn pursuant to Article 3
                           Wines having a registered designation of        shall be valid until 31 March 1978 .
                                   origin in containers holding :
       Member States
                               two litres              more than
                                 or less                two litres
                                                                                                  Article 5
Benelux                           2 500                   1 670
Denmark                           1 500                   1 000
                                                                           Member States shall return to the reserve, not later
Germany                          3  000                   2 000            than 1 February 1978 , the unused portion of their
France                           3  000                   2 000            initial share which, on 15 January 1978, is in excess
Ireland                           1 000                      660           of 20% of the initial amount. They may return a
Italy                             1 500                   1 000            greater portion if there are grounds for believing that
United Kingdom                   2  500                   1 670            such portion might not be used in full.
Total                           15 000                   10 000            Member States shall notify the Commission, not later
                                                                           than 1 February 1978, of the total imports of the
                                                                           products concerned effected under the Community
3 . The second instalment of each quota, amounting                         quotas up to and including 15 January 1978 and,
to 15 000 and 10 000 hectolitres respectively, shall                       where appropriate, the proportion of each of their
constitute the reserve .                                                   initial shares that they are returning to each of the
                                                                           reserves .
                          Article 3
                                                                                                   Article 6
1.     If 90 % or more of one of a Member State's
                                                                           The Commission shall keep account of the shares
initial shares, as specified in Article 2(2), or of that                   opened by Member States pursuant to Articles 2 and 3
share less the portion returned to the relevant reserve                    and shall inform each State of the extent to which the
where Article 5 has been applied, has been used up,                        reserve has been used up as soon as it has been noti­
that Member State shall, without delay, by notifying                       fied .
the Commission, draw a second share equal to 1 5 %
of its initial share, rounded up where necessary to the                    The Commission shall notify the Member States, not
next whole number, in so far as the amount in the
reserve allows .
                                                                           later than 5 February 1978, of the state of each reserve
                                                                           after the return of shares pursuant to Article 5.
2.     If, after one or other of its initial shares has been               The Commission shall ensure that the drawing which
used up, 90% or more of the second share drawn by a                        uses up a reserve is limited to the balance available,
Member State has been used up, that Member State                           and to this end, shall specify the amount thereof to
shall, in accordance with the conditions laid down in                      the Member State making the final drawing.
paragraph 1 , draw a third share equal to 7-5% of its
initial share, rounded up where necessary to the next
whole number, in so far as the amount in the reserve                                              Article 7
allows .
                                                                           1 . Member States shall take all measures necessary
3.     If, after one or other of its second shares has                     to ensure that additional shares drawn pursuant to
been used up, 90% or more of the third share drawn                         Article 3 are opened in such a way that imports may
by a Member State has been used up, that Member                            be charged without interruption against their aggre­
State shall, in accordance with paragraph 1 , draw a                       gate shares in the Community quotas.
fourth share equal to the third.
                                                                           2. Member States shall ensure that importers of the
This process shall continue apply until the reserves                       products concerned established in their territory have
are used up.                                                               free access to the shares allocated to them .
 ---pagebreak--- 11 . 3 . 77                       Official Journal of the European Communities                           No L 65/7
3.     The extent to which a Member State has used up                                Article 9
its shares shall be determined on the basis of the
                                                              The Member States and the Commission shall colla­
imports originating in Morocco and entered for home
use .                                                         borate closely in order to ensure that this Regulation
                                                              is observed.
                        Article 8
                                                                                    Article 10
At the request of the Commission, Member States
shall inform it of imports actually charged against           This Regulation shall enter into force on 1 April
their shares .                                                1977.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 8 March 1977.
                                                                         For the Council
                                                                           The President
                                                                             D. OWEN
 ---pagebreak---  ---pagebreak---                             BILAG — ANHANG — ANNEX — ANNEXE — ALLEGATO — BIJLAGE
 1.                 Eksportør - Ausführer - Exporter - Exporta­         Z.             Nummer - Nummer -
     teur - Esportatore - Exporteur :                                        Number - Numero - Numero -                         00000
                                                                             Nummer
                                                                         3. (Ursprungsbezeichnung garantierende Stelle)
 4.                     Modtager - Empfänger - Consignee -
     Destinataire - Destinatario - Geadresseerde;
                                                                         5.
                                                                              CERTIFIKAT FOR OPRINDELSESBETEGNELSE
                                                                              BESCHEINIGUNG DER URSPRUNGSBEZEICHNUNG
                                                                              CERTIFICATE OF DESIGNATION OF ORIGIN
                                                                              CERTIFICAT D'APPELLATION D'ORIGINE
                                                                              CERTIFICATO DI DENOMINAZIONE DI ORIGINE
 6.                      Transportmiddel - Beförderungsmittel                 CERTIFICAAT VAN BENAMING VAN OORSPRONG
     - Means στ transport - Moyen ,ae transport - Mezzo αι
     trasporto - Vervoermiddel :
                                                                         7 . ( Ursprungsbezeichnung )
 8.                      Losningssted - Entladungsort - Place
     of unloading - Lieu de déchargement - Luogo αι soarco -
     Plaats van lossing :
 9.                                                                                                     10.1                      11 .
     Mærker og numre, kollienes antal og art                                                                 b runo vægt                Liter
     Zeichen und Nummern, Anzahl und Art der Packstücke                                                      Rohgewicht                 Liter
     Marks and numbers, number and kind of packages                                                          Gross weight               Litres
     Marques et numéros, nombre et nature des colis                                                          Poids brut                 Litres
     Marca e numero, quantità e natura dei colli                                                             Peso lordo                 Litri
     Merken en nummers, aantal en soort der colli                                                            Brutogewicht               Liter
12 . I                         - Liter (i bogstaver) - Liter ( in Buchstaben ) - Litres ( in words) - Litres ( en lettres) - Litri ( in lettere) -
     Liter (voluit):
13 .                                      Påtegning fra udstedende organ - Bescheinigung der erteilenden Stelle - Certificate of the
      issuing authority - visa ae i organisme emetteur - visto åen organismo eminente - visum van ae instantie van argine:
14 .                         Toldstedets attest - Sichtvermerk der
     Zöllstelle - Customs stamp - Visa de la douane - Visto della
     dogana - Visum van de douane                                                                            (Oversættelse se nr. 15 - Über­
                                                                         setzung siehe Nr. 15 - see the translation under No 15 -
                                                                         Voir traduction au n0 15 - Vedi traduzione al n . 15 - Zie voor
                                                                         vertaling nr. 15 )
 ---pagebreak---          Det bekræftes, at vinen, der er nævnt i dette certifikat, er fremstillet i       området og ifølge marokkansk lovgivning er
         berettiget til oprindelsesbetegnelsen :»                        «.
         Alkohol tilsat denne vin er alkohol fremstillet af vin.
         Wir bestätigen, daß der in dieser Bescheinigung bezeichnete Wein im Bezirk                  gewonnen wurde und ihm nach
         marokkanischem Gesetz die Ürsprungsbezeichnung ,,                      " zuerkannt wird.
         Der diesem Wein zugefügte Alkohol ist aus Wein gewonnener Alkohol.
         We hereby certify that the wine described in this certificate is wine produced within the wine district of               and is
         considered by Maroccan legislation as entitled to the designation of origin '                '.
         The alcohol added to this wine is alcohol of vinous origin .
         Nous certifions que le vin décrit dans ce certificat a été produit dans la zone de              et est reconnu, suivant la loi
         marocaine, comme ayant droit à la dénomination d'origine «                    ».
         L'alcool ajouté à ce vin est de l'alcool d'origine vinique.
         Si certifica che il vino descritto nel presente certificato è un vino prodotto nella zona di        ed è riconosciuto, secondo
         la legge marocchina come avente diritto alla denominazione di origine «                  ».
         L'alcole aggiunto a questo vino è alcole di origine vinica.
         Wij verklaren dat de in dit certificaat omschreven wijn is vervaardigd in het wijndistrict van                en dat volgens
         de Marokkaanse wetgeving de benaming van oorsprong „..                     " erkend wordt.
         De aan deze wijn toegevoegde alcohol is alcohol, uit wijn gewonnen .
    16 . (')
0) Rubrik forbeholdt eksportlandets andre angivelser.
(1) Diese Nummer ist weiteren Angaben des Ausfuhrlandes vorbehalten .
0) Space reserved for additional details given in the exporting country.
(1) Case réservée pour d'autres indications du pays exportateur.
(1) Spazio riservato per altre indicazioni del paese esportatore.
(i) Ruimte bestemd voor andere gegevens van het land van uitvoer.