CELEX: 31986R4112
Language: en
Date: 1986-12-22 00:00:00
Title: Council Regulation (EEC) No 4112/86 of 22 December 1986 opening, allocating and providing for the administration of a Community tariff quota for certain wines having a registered designation of origin, falling within subheading ex 22.05 C of the Common Customs Tariff and originating in Yugoslavia (1987)

31 . 12 . 86                                  Official Journal of the European Communities                                 No L 380 / 7
                                              COUNCIL REGULATION ( EEC ) No 4112 / 86
                                                           of 22 December 1986
                   opening, allocating and providing for the administration of a Community tariff quota for
                   certain wines having a registered designation of origin , falling within subheading ex 22.05 C
                                  of the Common Customs Tariff and originating in Yugoslavia ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                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
Having regard to the Treaty establishing the European                    accurately the actual development of the market in the
Economic Community , and in particular Article 113                       products in question , such allocation should be in
thereof,                                                                 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
Having regard to the proposal from the Commission ,                      representative reference period and the economic outlook
                                                                         for the quota period concerned ;
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
within subheading ex 22.05 C of the Common Customs
                                                                         Whereas in this case , however , neither Community nor
Tariff, originating in Yugoslavia and specified in the
                                                                         national statistics showing the breakdown for each of the
Agreement in the form of an exchange of letters of 1 8 July
                                                                         types of wines in question are available and no reliable
1983 , shall be imported into the Community at customs
                                                                         estimates of future imports can be made ; whereas in these
duties equal to 70 % of the duties of the Common Customs
                                                                         circumstances the quota volumes should be allocated in
Tariff within the limits of an annual Community tariff
                                                                         initial shares , taking into account demand for these wines
quota of 12 000 hectolitres ; whereas these wines must be                on the markets of the various Member States ;
put in containers holding two litres or less and must be
accompanied by a certificate of designation of origin in
accordance with the model appearing in the Annex to this
Regulation ; whereas a tariff quota of 12 000 hectolitres
should therefore be opened for the period up to
31 December 1987 ;                                                       Whereas , to take into account import trends for           the
                                                                         products concerned in the various Member States ,          the
Whereas the wines in question are subject to compliance                  quota amount should be divided into two instalments ,      the
with the free-at-frontier reference price ; whereas , in                 first being allocated among the Member States and          the
                                                                         second held as a reserve intended to cover at a later date the
order that such wines may benefit from this tariff quota ,
Article 18 of Regulation ( EEC ) No 337 / 79 ( 2 ), as last              requirements of Member States who have used up their
amended by Regulation ( EEC ) No 3805 / 85 ( 3 ), must be                initial share ; whereas , in order to guarantee some degree of
complied with ;                                                          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 , be 85 % of
Whereas , since a Protocol as provided for in Articles 79                the quota volume ;
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 ;
                                                                         Whereas the initial shares of the Member States may be
                                                                          used up at different rates ; whereas , in order to take this
Whereas it is in particular necessary to ensure equal and                into account and to avoid a break in continuity , any
uninterrupted access for all Community importers to the                  Member State which has used up almost all of its initial
abovementioned quota , and uninterrupted application of                  share should draw an additional share from the reserve ;
the rates laid down for this quota to all imports of the                  whereas this should be done by each Member State each
products concerned into the Member States until the quota                 time one of its additional shares is almost used up , and so
has been used up ; whereas , having regard to the above                   on as many times as the reserve allows ; whereas the initial
                                                                          and additional shares must be valid until end of the quota
                                                                          period ; whereas this form of administration requires close
                                                                          collaboration     between    the   Member    States and   the
0 ) OJ NoL 41 , 14 . 2 . 1983 , p. 2 .                                    Commission , and the Commission must be in a position to
( 2 ) OJ NoL 54 , 5 . 3 . 1979 , p. 1 .                                   follow the extent to which the quota volume has been used
( 3 ) OJ No L 367 , 31 . 12 . 1985 , p . 39 .                             up and inform the Member States thereof;
 ---pagebreak--- No L 380 / 8                                Official Journal of the European Communities                                       31 . 12 . 86
Whereas , if at a given date in the quota period a substantial               administration of the shares allocated to that economic
quantity of its initial share remains unused in any Member                   union may be carried out by any one of its members .
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                         HAS ADOPTED THIS REGULATION :
when it could be used in others ;
                                                                                                      Article 1
                                                                             1 . From 1 January to 31 December 1987 the Common
                                                                             Customs Tariff duties in respect of the following products
Whereas , since the Kingdom of Belgium , the Kingdom of                      originating in Yugoslavia shall be suspended in the
the Netherlands and the Grand Duchy of Luxembourg are                        Community as constituted on 31 December 1985 at the
united within and jointly represented by the Benelux                         levels and within the limit of a Community tariff quota as
Economic      Union ,     all transactions        concerning      the        shown herewith :
                    CCT                                                                                Volume of
     Order                                                                                                                  Rates of
                   heading                                  Descriptions                                the quota
       No                                                                                                                     duty
                     No                                                                                   ( in hi )
   09.1501         22.05       Wine of fresh grapes; grape must with fermentations 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 :
                                               — wines entitled to one of the following
                                                    designations of origin :
                                                    — Ljutomersko — Ormoške gorice , Laški
                                                        Rizling
                                                    — Ohrid , Merlot
                                                    — Herzegovina — Mostar :                                           • 10,1 ECU / hl
                                                        — Žilavka
                                                        — Blatina
                                                    — Fruška Gora , Talijanski Rizling
                                                    — Oplenac , Lipovac
                                                    — Istra , Merlot
                                                    — Tikveš :
                                                        — Krater
                                                        — Kratošija
                                                    — Srednja i juzna dalmacija :
                                                        — Dingač
                                                        — Kăstelet                                       12 000
                                                    — Crna Gora , Vranac
                                   II . Of an actual alcoholic strength by volume exceeding
                                        13 % vol but not exceeding 15 % vol , in containers ,
                                        holding :
                                        ex a ) Two litres or less :
                                               — wines entitled to one of the following
                                                    designations of origin :
                                                    — Ljutomersko — Ormoške gorice , Laški
                                                        Rizling
                                                    — Ohrid , Merlot
                                                    — Herzegovina — Mostar :
                                                        — Žilavka
                                                        — Blatina                                                      > 11,8 ECU / hl
                                                    — Fruška Gora , Talijanski Rizling
                                                    — Oplenac , Lipovac
                                                    — Istra , Merlot
                                                    — Tikveš :
                                                        — Krater
                                                        — Kratošija
                                                    — Srednja i južna dalmacija :
                                                        — Dingač
                                                        — Kăstelet
                                                    — Crna Gora , Vranac
 ---pagebreak--- 31 . 12 . 86                              Official Journal of the European Communities                                No L 380 / 9
2 . The wines in question shall be subject to compliance             4 . Notwithstanding paragraphs 1 , 2 and 3 , Member
with the free-at-frontier reference price . In order that such       States may draw smaller shares than those fixed in these
wines may benefit from this tariff quota , Article 18 of             paragraphs if there is reason to believe that those fixed
Regulation ( EEC ) No 337 / 79 must be complied with .               might not be used up . They shall inform the Commission
                                                                     of their grounds for applying this paragraph .
3 . Each of these wines , when imported , shall be
accompanied by a certificate of designation of origin ,
issued by the relevant Yugoslavian authority , in accordance
with the model annexed to this Regulation .                                                     Article 4
                                                                     The additional shares drawn pursuant to Article 3 shall be
                            Article 2                                valid until 31 December 1987 .
1 . The Community tariff quota referred to in Article 1
shall be divided into two instalments .
                                                                                                Article 5
2 . A first instalment , amounting to 10 150 hectolitres
shall be allocated among the Member States ; the shares ,            Member States shall return to the reserve, not later than
which subject to Article 5 shall be valid until 31 December          1 October 1987 , the unused portion of their initial shares
1987 , shall be as follows :                                         which on 15 September 1987 is in excess of 20 % of the
                                                                     initial amount . They may return a greater quantity if there
                                                 (hectolitres)       are grounds for believing that this quantity might not be
        Benelux                                       900            used in full .
        Denmark                                       700
        Germany                                    7 500
        Greece                                         10
        France                                        500            Member States shall notify the Commission , not later than
        Ireland                                        20            1 October 1987 , of the total imports of the products
        Italy                                          10            concerned effected under the Community quotas up to and
        United Kingdom                                510            including 15 September 1987 and , where appropriate , the
                                                                     proportion of their initial share that they are returning to
                                                                     the reserve .
3 . The second instalment , amounting to 1 850 hectolitres ,
shall constitute the reserve .
                                                                                                Article 6
                             Article 3
1 . If 90 % or more of a Member State's initial share , as
                                                                     The Commission shall keep an account of the shares
                                                                     opened by Member States pursuant to Articles 2 and 3 and ,
specified in Article 2 ( 2 ), or of that share less the portion      as soon as it has been notified , shall inform each Member
returned to the reserve where Article 5 has been applied ,
                                                                     State of the extent to which the reserve has been used up .
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           It shall notify the Member States , not later than 5 October
allows .
                                                                     1987 , of the state of the reserve after quantities have been
                                                                     returned thereto pursuant to Article 5 .
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
                                                                     It shall ensure that the drawing which uses up the reserve is
the conditions laid down in paragraph 1 , draw a third               limited to the balance available and , to this end , shall
share equal to 7,5 % of its initial share .
                                                                     specify the amount thereof to the Member State making the
                                                                     final drawing .
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
                                                                                                Article 7
equal to the third .
                                                                     1 . Member States shall take all measures necessary to
This process shall continue to apply until the reserve is used       ensure that additional shares drawn pursuant to Article 3
up .                                                                 are opened in such a way that imports may be charged
 ---pagebreak--- No L 380 / 10                          Official Journal of the European Communities                               31 . 12 . 86
without interruption against their aggregate shares in the                                 Article 8
Community 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 have 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 their 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 1987 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels , 22 December 1986 .
                                                                                     For the Council
                                                                                       The President
                                                                                         G. SHAW
 ---pagebreak---            ANEXO — BILAG — ANHANG — ΠΑΡΑΡΤΗΜΑ — ANNEX — ANNEXE — ALLEGATO — BIJLAGE — ANEXO
1 . Exporter — Exportateur
                                                                                      CERTIFICATE OF DESIGNATION OF ORIGIN
                                                                                        CERTIFICAT D'APPELLATION D'ORIGINE
                                                                                      YUGOSLAV WINES               VINS YOUGOSLAVES
                                                                                                            No 000000
2 . Consignee — Destinataire                                                   3. ISSUING AUTHORITY — ORGANISME ÉMETTEUR
                                                                               4. Designation of origin — Appellation d'origine
5. Marks and numbers — Number and kind of packages                                                                S. Gross mass ( kg ) 7 . 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 EMETTEUR
    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 décrit dans le present certificat a ete produit dans la zone viticole de
    et est reconnu , suivant la loi yougoslave, comme ayant droit à la dénomination d'origine
    Place — Lieu                            Date — Date                                     Signature and stamp — Signature et cachet :
 ---pagebreak---