CELEX: 51982PC0642
Language: en
Date: 1982-10-15
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for wines of fresh grapes falling within subheading ex 22.05 C of the Common Customs Tariff and originating in Cyprus (1983)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for liqueur wines falling within subheading ex 22.05 C of the Common Customs Tariff and originating in Cyprus (1983) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 642
Vol. 1982/0200
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(82 ) 642 final
                                                 Brussels , 15 October 1982
                              Proposal for a
                           COUNCIL REGULATION  ( EEC )
 opening , allocating and providing for the administration of a Community
 tariff quota for wines of fresh grapes falling within subheading ex 22.05 C
 of the Common Customs Tariff and originating in Cyprus ( 1983 )
                              Proposal for a
                           COUNCIL REGULATION ( EEC )
 opening , allocating and providing for the administration of a Community
 tariff quota for liqueur wines falling within subheading ex 22.05 C of the
 Common Customs Tariff and originating in Cyprus ( 1983 )
                 ( submitted to the Council by the Commission )
                                 /V·-·             , 'Λ
 C ( 82 ) 642 final
                              f–    V                   ■ À
                              1              Ό   * ·-»
 ---pagebreak---                       }      EXPLANAT6RV MEMORANDUM
                      si
1 . Article 1 of th ^ Protocol concerning the arrangements to be applied
during 1981 in the framework of the Decision adopted by the Association
Council on 24 November 1980 establishing the process into the second stage
of the Association Agreement between         the European Economic Community and
the Republic of Cyprus , as supplemented by the Protocol of Adaptation to
that Agreement to take account of the accession of the Hellenic Republic ,
lays down
                                                                            «
- on the one hand , that the provisions of the 1978 Supplementary Protocol
   shall be applicable during 1981 , and
- on the other hand , that the contracting parties shall enter into
   negotiations early in 1981 for the purpose' of establishing the trade
   arrangements to be applied in 1982 and 1983 .
Pending the conclusion of these negotiations and the entry into force of
the trade arrangements to be applied in 1963 , it is important to extend
the validity of the arrangements laid down in the abovement ioned Supplement
                                                   /
ary Protocol .                                            . .  •   ~
The Protocol provides for the opening of annual Community tariff quotas
for the wines listed below originating in Cyprus .
a ) wine of fresh grapes , other than liquor wines , subheading ex 22.05 C
    of the CCT , 10 000 hi at duty rates of 3,6 ECU / hl and 4,2 ECU / hl
b ) liquor wines , subheading ex 22.05 C of the CCT , 250 000' hi at duty
    rates of 4,0 ECU / hl , 5,0 ECU / hl , 6,1 ECU / hl and 6,9 ECU / hl .
These wines remain subject to the provisions governing the common
organisation of the market in vwine        products , especially as regards
observance of the reference price .
Consequently , the Community" tariff quotas shown above should be opened
for the period from 1 January to 31 December 1983 _
2 . These Regulations provide for the splitting up of the tariff volumes
into two parts , of which the first will be allocated among the Member
States as quota share and the second will be kept as a reserve .
In the absence of Community statistics , for a period sufficiently
representat i ve , the initial quota shares have been calculated on the
basis of the possible demand on the markets of the various Member Stacks
and on the basis of forecasts made by some of them .
 ---pagebreak---    3 . Because of the inherent particularities in the trade in wines which,
  additionally , are df fferent from one Member State to another , the ~
  provisions of the Regulation for wines , exceptionally, do not lay down
  a common methdd of administration to be applied by all Member States .
. 4 . this isthe subject of the two annexed proposals .
                                           NOTE
    . The tariff quotas in question are still likely to be modified in the
  light of the results of thenegotiations with CyprusV>t.i l'_ these results
  are available , the Regulations proposed will be the instrument which will
 make it possible to fulfil the commitment entered into by the Community .
 The Commission thus ., reserveffthe jrigtit to amend its proposals while it is
                              / .-liy f, "                 /.
  still going through channels in order to adapt.it , .if necessary, to the
 new arrangements .                                  ... .            .
 ---pagebreak---                                                                                                              ANNEX A
                                             COUNCIL REGULATION ( EEC)
                opening, allocating and providing for the administration of a Community tariff quota for
                wines of fresh grapes falling within subheading ex 22.05 C of the Common Customs Tariff
                                                   and originating in Cyprus ( 1983 )
   THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              1983 the period of validity of the arrangements
                                                                        applicable in 1981 ;
   Having regard to the Treaty establishing the European
                                                                        Whereas the abovementioned Supplementary Protocol
   Economic Community, and in particular Article 113
   thereof,                                                             provides for the opening of an annual Community tariff
                                                                        quota of 10 000 hectolitres of certain wines of fresh
                                                                        grapes, in containers holding two litres or less , falling
                                                                        within subheading ex 22.05 C of the Common Customs
  Having regard to the proposal from the Commission,                    Tariff and originating in Cyprus, at rates of customs
                                                                        duty equal to 25 % of the customs duty in the Common
                                                                        Customs Tariff; whereas this Community tariff quota
                                                                        should be opened for the period from 1 January to
  Whereas Article 1 of the Protocol concerning the                      31 December 1983 ;
  arrangements to be applied during 1981 in the
  framework of the Decision adopted by the Association
  Council on 24 November 1980 .establishing the process                 Whereas the wines in question are subject to compliance
  into the second stage of the Association Agreement                    with the free-at- frontier reference price; whereas, in
  between the European Economic Community and the                      order that such wines may benefit from this tariff quota,
  Republic of Cyprus ( '), as supplemented by the Protocol             Article 18 of Regulation ( EEC) No 337/79 (4), as last
 to the Agreement establishing an Association between                  amended by Regulation ( EEC) Nt^,.__ ._ . '*), must be
 the European Economic Community and the Republic                      complied with;                           SSfr / ai
 of Cyprus consequent on the accession of the Hellenic
 Republic to the Community ( 2) hereinafter called the
 Protocol of Adaptation, lays down , on the one hand,                  Whereas it is in particular necessary to ensure for all
 that the provisions of the Supplementary Protocol to the              Community importers equal and uninterrupted access
 Agreement establishing an Association between the                     to the abovementioned quota and uninterrupted
 European Economic Community and the Republic of                       application of the rates laid down for that quota to all
 Cyprus (3) shall be applicable for 1981 and, on the                   imports of the products concerned into all Member
 other hand, that the contracting parties shall enter into             States until the quota has been used up; whereas, having
 negotiations early in 1981 for the purpose of                         regard to the above principles, the Community nature
establishing the trade arrangements applicable in 1982                 of the quota can be respected by allocating the
and 1983 ;                                                            Community tariff quota among the Member States ;
                                                                      whereas, in order to reflect as accurately as possible the
                                                                       true trend of the market in the products in question,
                                                                      such allocation should be in proportion to the
Whereas,      pending        the     establishment   of   such        requirements of the Member States , calculated by
arrangements, it is advisable to extend provisionally for             reference to the statistics for imports of the products in
                                                                      question from Cyprus over a representative reference
( ' ) OJ No L 174 , 30 . 6. 1981 , p. 28 .
( J) OJ No L 174 , 30. 6 . 1981 , p. 2.                               (") OJ No L 54 , 5 . 3 . 1979 , p. 1 .
(J) OJ NoL 172,28.6. 1978 , p. 2.                                     (S) OJN OL 359 , 1.5.12.1981 , p. 1 .
 ---pagebreak---                                                               - 2 .-                                  ANNEX A
  period and also to the economic outlook for the quota                  Member States and the Commission , and the latter must
  period concerned;                                                      be in a position to monitor the extent to which the
                                                                         quota volume has been used up and to inform the
                                                                        Member States;
 Whereas, however, neither Community nor national
 statistics showing the breakdwon for each of the types
 of wine in question are available and no reliable                       Whereas, if at a given date in the quota period a
 estimates of future imports can be made; whereas, in                    substantial quantity of an initial share remains unused
 these circumstances, the quota should be allocated in                   in any Member State, it is essential that that Member
 initial shares on the basis of the likely demand for these             State should return a significant proportion to the
 wines on the markets of the various Member States ;                     reserve, to prevent a p.irt of any Community quota
                                                                        from remaining unused in one Member State when it
                                                                        could be used in others;
Whereas , in order to take into account import trends
 for the products concerned in the various Member
States, the quota volume should be divided into two                     Whereas, since the Kingdom of Belgium, the Kingdom
instalments, the first being shared among the Member                    of the Netherlands and the Grand Duchy of
States and the second constituting a reserve to cover at a              Luxembourg are united within and jointly represented
later date the requirements of Member States which                      by the Benelux Economic Union, any operation relating
have used up their initial quota shares ; whereas, in                   to the administration of the quota shares allocated to
order to give importers in each Member State a certain                  that economic union may be carried out by any one of
degree of securiry , the first instalment of the                        its members,
Community quota should, under the present
circumstances, be fixed at 80 % of the quota volume;
                                                                       HAS ADOPTED THIS REGULATION :
Whereas the Member States' initial shares may be used
up at different times ; whereas , in order to take this fact
into account and avoid any break in continuity, any
Member State which has almost used up its initial share
should , draw an additional share from the reserve;                                            Article 1
whereas this must be done by each Member State as and
when each of its additional shares is almost used up,                  1 . From 1 January to 31 December 1983 Common
and repeated as many times as the reserve allows;                      Customs Tariff duties in respect of the following
whereas the initial and additional shares must be valid                products originating in Cyprus shall be suspended at the
until the end of the quota period; whereas this method                 levels shown below within the limits of a Community
of administration requires close cooperation between                   tariff quota of 10 000 hectolitres :
                   CCT
                                                                                                         Rate of
                  heading                                  Description                                    duty
                    No
                  22.05         Wine of fresh grapes ; grape must with fermentation arrested
                                by the addition of alcohol :
                                C. Other :
                                    I.    Of an actual alcoholic strength by volume not
                                         exceeding 13% vol , in containers holding :
                                         ex a ) Two litres or less :
                                                 – Wine of fresh grapes                             3-6 ECU per hi
                                   11 . Of an actual alcoholic strength by volume exceeding
                                          13% vol but not exceeding 15% vol in containers -
                                         holding :
                                        ex a ) Two litres or less :
                                                – Wine or fresh grapes other than liqueur
                                                   wines of an actual alcoholic strength by
                                        ,          volume of 15 % vol                               4-2 ECU per hi
 ---pagebreak---                                                               - 2 -                                 ANNEX   A
  Within rhe limits of this tariff quota, Greece shall apply         been used up, that Member State shall , in accordance
  duties calculated in accordance with the relevant                  with rhe conditions laid down in paragraph 1 , draw a
  provisions in the 1979 Act of Accession and the                    fourth share equal ro the third.
  Protocol of Adaptation .
                                                                     This process shall continue until the reserve is used up.
 2 . The wines in question shall be subject to compliance
 with the free-at- frontier reference price. In order that
 such wines may benefit from this tariff quota Article 18
 of Regulation ( EEC) No 337/79 must be complied with .              4. By way of derogation from paragraphs 1 , 2 and 3 , a
                                                                     Member State may draw shares smaller than those fixed
                                                                     in those paragraphs if there is reason to believe that
                                                                     those might not be used up. It shall inform the
                            Article 2
                                                                     Commission of its reasons for applying this paragraph.
  1 . The Community tariff quota referred to in Article 1
 shall be divided into two instalments .
                                                                                              Article 4
 2. The first instalment, amounting to 8 000 hectolitres,
 shall be allocated among the Member States; the shares ,            The additional shares drawn pursuant to Article 3 shall
 which subject to Article 5 shall be valid until                     be valid until 31 December 1983
 3 1 December 1 983,shall be as follows:
                                              (hectolitres)
          Benelux                               30
          Denmark                             200                                             Article S
          Germany                             400
                                                30                  Member States shall return to the reserve, not later than
          Greece
                                                40                   1 October 198 3 , the unused portion of their initial
          France                                                    share which on 15 September 1983 is in excess of 20 %
          Ireland                             540                   of the initial volume. They may return a larger quantity
          Italy                                 60                  if there are grounds for believing that such portion may
                                            6 500                    not be used in full .
          United Kingdom
3 . The       second   instalment,    amounting    to    2 000      Each Member State shall , not later than 1 Octooer 198 3 ^
 hectolitres , shall constitute the reserve .                       notify the Commission of the total quantities of the
                                                                    products in question imported up to 15 September 1983
                                                                    and charged against the Community quota , and of any
                                                                    quantities of the initial shares returned to the reserve.
                           Article 3
 1.   If 90 % or more of a Member State's initial share as
specified in Article 2 ( 2), or 90 % of that share minus
the portion returned to the reserve where Article 5 is                                        Article 6
applied, has been used up, then to the extent permitted
by the amount of rhe reserve that Member State shall                The Commission shall keep an account of the shares
forthwith , by notifying the Commission, draw a second              opened by Member States in accordance with Articles 2
share equal to 15 % of its initial share, rounded up                and 3 and shall , as soon as it is notified , inform each
where necessary to the next unit .                                  Member State of the extent to which the reserve has
                                                                    been used up .
2 . If, after one of its initial shares has been used up,
90 % or more of the second share drawn by a Member                  It shall inform the Member States , not later than
State has been used up, then, to the extent permitted by
the amount of the reserve, that member State shall , in             5 October 1983,of the amount in the reserve after
accordance with the conditions laid down in paragraph               quantities have been returned pursuant to Article 5 .
1 , draw a third share equal to 7-5 % of its initial share,
rounded up where necessary to the next unit.
                                                                    The Commission shall ensure that any drawing which
                                                                    uses up the reserve is limited to the balance available,
3 . If, after its second share has been used up, 90 "A or           and to this end shall indicate die amount thereof ro the
more of the third share drawn by a Member State has                 Member State which makes such last drawing .
 ---pagebreak---                                                           - 4 -                                  ANNEX   A
                         Article 7                                                       Article 8
 1 . The Member States shall take all measures necessary         At the request of the Commission, the Member States
 to ensure that additional shares drawn pursuant to              shall inform it of imports of the products concerned
 Article 3 are opened in such a way that imports may be          actually charged against their shares.
charged without interruption against their accumulated
shares of the Community quota.
                                                                                         Article 9
2. The Member States shall ensure that importers of              The Member States and the Commission shall cooperate
the products in question                                         closely in order to ensure that this Regulation is
have free access to the shares allocated to them.                complied with .
3 . The extent to which a Member State has used up its                                   Article 10
share shall be determined on the basis of imports of the
products in question entered with the customs                    This Regulation shall enter into force on 1 January
authorities for free circulation .                               1983 .
              This Regulation shall be binding in its entirety and directly applicable in all Member States.
              Done at Brussels,
                                                                                         For the Council
                                                                                          The President
 ---pagebreak---                                                                                                        ANNEX B
                                                     PROPOSAL FOR A
                                          COUNCIL REGULATION ( EEC)
                 opening, allocating and providing for the administration of a Community tariff quota for
                liqueur wines falling within subheading ex 22.05 C of the Common Customs Tariff and
                                                  originating in Cyprus ( 1983 )
    THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas entry under the above Community tariff quota
                                                                      must be conditional on the wines being described as
                                                                      'liqueur wines' in the V.l. 1 document provided for in
    Having regard to the Treaty establishing the European             Regulation ( EEC) No 2115 /76 ( 4 ).
    Economic Community, and in particular Article 113
   thereof,
                                                                     Whereas the wines in question are subject to compliance
                                                                      with the free-at-frontier reference price; whereas , in
   Having regard to the proposal from the Commission,                order that such wines may benefit from this tariff quota ,
                                                                     Article 18 of Regulation ( EEC) No 337/79 (5), as last
                                                                     amended by Regulation ( EEC) No                 (6), must be
   Whereas Article 1 of the Protocol 'concerning the                 complied with ;                       3577 / 81
   arrangements to be applied during 1981 in the
   framework of the Decision adopted by the Association
   Council on 24 November 1980 establishing the process              Whereas it is in particular necessary to ensure for all
   into the second stage of the Association Agreement                Community importers equal and uninterrupted access
   between the European Economic Community and the                   to the abovementioned quota and uninterrupted
   Republic of Cyprus ( ' ), as supplemented by the Protocol         application of the rates laid down for that quota to all
   to the Agreement 'establishing ail Association between            imports of the products concerned into all Member
   the European Economic Community and the Republic                  States until the quota has been used up ; whereas, having
  of Cyprus consequent on the accession of the Hellenic              regard to the above principles, the Community nature
   Republic to the Community ( J), hereinafter called the            of the quota can be respecred by allocating the
  Protocol of Adaptation, lays down, on the one hand,                Community tariff quota among the Member States;
  that the provisions of the Supplementary Protocol to the           whereas , in order to reflect as accurately as possible the
  Agreement establishing an Association between the                  true trend of the market in the products in question,
  European Economic Community and the Republic of                    such allocation should be in proportion to the
  Cyprus ( 3) shall be applicable for 1981 and, on the               requirements of the Member States , calculated by
  other hand, that the contracting parties shall enter into          reference to the stanstics for imports of the products .in
  negotiations early in 1981 for the purpose of                     question from Cyprus over a representative reference
  establishing the trade arrangements to be applied in              period and also to the economic outlook for the quota
   1982 and 1983 :
                                                                    period concerned;
  Whereas, pending the establishment of such
  arrangements, it is advisable to extend provisionally for         Whereas, however, neither Community nor national
  1983 the trade arrangements applicable in 1981 ;                  statistics showing the breakdown for the products in
                                                                    question are available and no reliable estimates of
                                                                    future imports can be made; whereas , in these
                                                                   circumstances, the quota should be allocated in initial
 Whereas the abovementioned Supplementary Protocol                 shares on the basis of the likely demand for these
 provides for the opening of an annual Community tariff            products on the markets of the various Member States;
 quota of 250 000 hectolitres of liqueur wines, falling
 within subheading ex 22.05 C of the Common Customs
 Tariff and originating in Cyprus, at rates of customs
 duty equal to 30 % of the Common Customs Tariff;                  Whereas , in order to take into account import trends
 whereas this Community tariff quota should be opened              for the products concerned in the various Member
 for the period from 1 January to 31 December 198 3 ; -            States , the quota volume should be divided into two
( ' ) OJ No L 174, 30. 6 . 1981 , p. 28 .                         (■•) OJ No L 237, 28 . 8 . 1976 , p. 1 .
( J ) OJ No L 174 , 30. 6 . 1981 , p. 2 .                         ( s ) OJ No L 54 , 5 . 3 . 1979 , p. 1 .
( ') OJ No L 172, 28 . 6 . 1978 , p. 2.                           C) oj No I 359 , 15.12.1981 , p. 1 .
 ---pagebreak---                                                                 - 2 -                              ANNEX B
 instalments, the first being shared among the Member                     State, it is essential that that Member State should
 States and the second constituting a reserve to cover at a               return a significant proposition to the reserve, to
 later date the requirements of Member' States which                      prevent a part of any Community quota from remaining
 have used up their initial quota shares ; whereas, in                    unused in one Member State when it could be used in
 order to give importers in each Member State a certain                   others ;
 degree of security, the first instalment of the
 Community quota should , under present circumstances ,
 be fixed at 85 % of the quota volume;
                                                                          Whereas, since the Kingdom of Belgium, the Kingdom
                                                                          of the Netherlands and the Grand Duchy of
                                                                          Luxembourg are united within and jointly represented
Whereas the Member States' initial shares may be used                     by the Benelux Economic Union, any operation relating
up at different times ; whereas , in order to take this fact              to the administration of the quota shares allocated to
into account and avoid any break in continuity, any                       that economic union may be carried out by any one of
Member State which has almost used up its initial share                   its members.
should draw an additional share from the reserve;
whereas this must be done by each Member State as and
when each of its additional shares is almost used up ,
and repeated as many times as the reserve allows ;
whereas the initial and additional shares must be valid
                                                                          HAS ADOPTED THIS REGULATION :
until the end of the quota period; whereas this method
of administration requires close cooperation between
the Member States and the Commission , and the latter
must be in a position to monitor the extent to which the
                                                                                                 Article 1
quota volume has been used up and to inform the
Member States thereof;
                                                                         1 . From 1 January to 31 December 1983 , Common
                                                                         Customs Tariff duties in respect of the following
                                                                         products originating in Cyprus shall be suspended at the
Whereas , if at a given date in the quota period a                       levels shown below within the limits of a Community
substantial quantity remains unused in any Member                        tariff quota of 250 000 hectolitres:
                   CCT
                                                                                                          Rate of
                 heading                                     Description
                    No
                                                                                                           duty
                  22.05       Wine of fresh grapes ; grape mu»t with fermentation arrested
                              by the addition of alcohol :
                              C. Other :
                                    11 . Of an actual alcoholic strength by volume exceeding
                                          13% vol but not exceeding 15% vol , in containers
                                         holding :
                                         ex a ) Two litres or less :
                                                 – Liqueur wines of an actual alcoholic
                                                    strength by volume of 15% vol                     5 0 ECU per hi
                                         ex b ) More than two litres :
                                                 – Liqueur wines of an actual alcoholic
                                                    strength by volume of 15% vol                     3-9 ECU per hi
                                   III . Of an actual alcoholic strength by volume exceeding
                                         15% vol but not exceeding 18% vol , in containers
                                         holding :
                                         a ) Two litres or less :
                                             ex 2 . Other :
                                                    – Liqueur wines                                  6-1 ECU per hi
                                         b) More than two litres :
                                             ex 3 . Other :
                                       *            – Liqueur wines                                  5 0 ECU per hi
 ---pagebreak---                                                                  - 3 -
                                                                                                         ANNEX B
                       CCT
                                                                                                                K.ire of
                      hejJing                                    Description                                     duty
                        Nu
                     22.05             IV . Of an actual alcoholic strength by volume exceeding
                    (cont'd)                18% vol but riot exceeding 22% vol , in containers
                                            holding :
                                            a ) Two litres or less :
                                                ex 2 .   Other :
                                                         – Liqueur wines                                    6-9 ECU per hi
                                            bj More than two litres :
                                                ex 3 .   Other :
                                                         – Liqueur wines                                    6-9 ECU per hi
  Within the limits of this tariff quota, Greece shall apply                                          Article 3
 duties    calculated    in   accordance with       the relevant
  provisions in the 1979 Act of Accession and the                             1.  If 90 % or more of a Member State's initial share as
  Protocol of Adaptation.                                                    specified in Article 2 (2), or 90 % of that share minus
                                                                             the portion returned to the reserve where Article 5 is
                                                                             applied, has been used up, then to the extent permitted
  2. The admission of these wines under the tariff quota                     by the amount of the reserve that Member State shall
 shall be conditional on their being described in the                        forthwith , by notifying the Commission, draw a second
  V.l. 1 document provided for in Regulation ( EF.C)                         share equal to 15 % of its initial share, rounded up ,
 No 21 15/76 as 'liqueur wines' .                                            where necessary to the next unit.
 3 . The wines in question shall be subject to compliance                   2 . If, after one of its initial shares has been used up,
 with the free-at- frontier reference price. In order that                  90 % or more of the second share drawn by a Member
 such wines shall benefit from this tariff quota Article 18                 State has been used up, then, to the extent permitted
 of Regulation ( EEC) No 337/79 must be complied with .                     by the amount of the reserve, 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, rounded up where necessary to the next
                             Article 2                                      unit .
 I. The Community tariff quota referred to in Article 1
shall be divided into two instalments .                                     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
2 . The first instalment, amounting to 212 060                              with the conditions laid down in paragraph 1 , draw a
hectolitres, shall be allocated among the Member States ;                  fourth share equal to the third .
the shares , which subject to Article 5 shall be valid until
31 December 198 3 shall be as follows:
                                                                           This process shall continue until the reserve is used up .
                                                 (hectolitres)
         Benelux                                   2 000
         Denmark                                   2 000                   4 . By way of derogation (rom paragraphs 1 , 2 und 3 , a
         Germany                                   4 000                   Member State may draw shares smaller than those fixed
         G reece                                       20                  in those paragraphs if there is reason to believe that
         France
                                                                           those might not be used up. It shall inform the
                                                       20
                                                                           Commission of its reasons for applying this paragraph .
         Ireland                                   2 000
         Italy                                         20
         United Kingdom                         202 000
                                                                                                     Article 4
3 . The second instalment, amounting to 37 940                             The additional shares drawn pursuant to Article 3 shall
hectolitres , shall constitute the reserve.        '                       be valid until 31 December 1983 .
 ---pagebreak---                                                               - 4 -                                  ANNEX B
                           Article 5                                                       Article 7
  Member States shall return to the reserve, not later than        1 . The Member States shall take all measures necessary
  1 October 1983 , the unused portion of their initial share      to ensure that additional shares drawn pursuant to
  which, on 15 September 198 3 is in excess of 20 % of            Article 3 are opened in such a way that imports may be
  the initial volume. They may return a larger quantity if        charged without interruption against their accumulated
  there are grounds for believing that such portion may           shares of the Community quota.
  not be used in full .
                                                                  2. The Member States shall ensure that importers of
                                                                  the products in question
  Each Member State shall, not later than 1 October 1983 ,        have free access to the shares allocated to them .
 notify the Commission of the total quantities of the
 products in question imported up to 15 September 198 3           3 . The extent to which a Member State has used up its
  and charged against the Community quota, and of any             share shall be determined on the basis of imports of the
 quantities of the initial shares returned to the reserve.        products in question entered with the customs
                                                                  authorities for free circulation .
                          Article 6                                                        Article 8
Trie Commission shall keep an account of the shares               At the request of the Commission, the Member States
 opened by Member States in accordance with Articles 2            shall inform it of imports of the products concerned
and 3 and shall , as soon as it is notified, inform each          actually charged against their shares.
 Member State of the extent to which the reserve has
been used up .
                                                                                           Article 9
 It shall inform the Member States , not later than               The Member States and the Commission shall cooperate
5 October 1 983 , of the amount in the reserve after              closely in order to ensure that this Regulanon is
quantities have been returned pursuant to Article 5 .             complied with .
The Commission shall ensure that any drawing which                                        Article 10
uses up the reserve is limited to the balance available,
and to this end shall indicate the amount thereof to the          This Regulation shall enter into force on 1 January
Member State which makes such last drawing.                       1983 .
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
               Done at Brussels ,
                                                                                          For the Council
                                                                                           The President