CELEX: 31978R1130
Language: en
Date: 1978-05-22 00:00:00
Title: Council Regulation (EEC) No 1130/78 of 22 May 1978 concerning the allocation of a Community quota of wine of fresh grapes, intended to be fortified for distillation, originating in Algeria (1978/79)

30 . 5 . 78                              Official Journal of the European Communities                              No L 142/33
                                             COUNCIL REGULATION (EEC) No 1130/78
                                                              of 22 May 1978
                  concerning the allocation of a Community quota of wine of fresh grapes, intended to be
                                       fortified for distillation, originating in Algeria ( 1978/79)
    THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              allocating the total quota into shares which take ac­
                                                                          count of the capacity of the markets of the Member
                                                                          States to absorb the said wines ;
    Having regard to the Treaty establishing the European                 Whereas, in order to take account in these conditions of
    Economic Community,                                                   the uncertainty in trends in imports into the Member
                                                                          States of the product concerned, the quota should be
                                                                          divided into two instalments, the first to be allocated
    Having regard to Council Regulation (EEC) No                          among all the Member States and the second to form a
    1516/76 of 24 June 1976 on imports of wine of fresh                   reserve intended to cover any subsequent requirements
    grapes, intended to be fortified for distillation, origi­             of Member States which have used up their initial
    nating in Algeria (*), and in particular Article 3 ( 1 )              shares ;
    thereof,
                                                                          Whereas Member States may use up their initial shares
    Having regard to the proposal from the Commission,                    at different rates; whereas to provide for this eventuality
                                                                          and to avoid disruption of supplies, any Member State
                                                                          which has almost used up its initial share should draw
   Whereas Regulation (EEC) No 1516/76 lays down that,                    an additional share from the reserve; whereas this
    pursuant to the Cooperation Agreement and the Interim                 should be done by each Member State when each of its
   Agreement (2) signed on 26 April 1976 by the European                  additional shares has been almost used up, and so on as
   Economic Community and the People's Democratic                         many times as the reserve allows ; whereas the initial
    Republic of Algeria, wines of fresh grapes, intended for              and additional shares should be valid until the end of
    fortifying, falling within subheadings 22.05 C I ex b)                the quota period;
    and C II ex b) of the Common Customs Tariff, origi­
   nating in Algeria, may be imported into the Community
   with a tariff concession consisting of an 80 % reduction               Whereas if at a given date in the quota period a con­
** in the customs duties and within the limits of a Com­                  siderable quantity of a Member State's initial share
   munity quota subject to observance of a special price;                 remains unused, it is essential that that Member State
   whereas the annual quota is 500 000 hectolitres per                    should return it to the reserve so as to prevent a part of
   year for four years from the entry into force on 1 July                the quota from remaining unused in one Member State
    1976 of the Interim Agreement; whereas the third                      when it could be used in others;
   annual Community quota should be allocated for the
   period 1 July 1978 to 30 June 1979 ;
                                                                          Whereas, since the Kingdom of Belgium, the Kingdom
                                                                          of the Netherlands and the Grand Duchy of Luxem­
                                                                          bourg are united within and jointly represented by the
   Whereas, in order to follow as closely as possible the                 Benelux Economic Union, any measure concerning the
   actual development of the market in the products in                    administration of the shares allocated to that economic
   question, such allocation must be effected in proportion               union may be carried out by any one of its members,
   to Member States' requirements, calculated on the basis
   of the statistics on imports of the said products from
   Algeria during a representative period and also on the
   basis of the economic prospects for the tariff period                  HAS ADOPTED THIS REGULATION :
   under consideration;
                                                                                                   Article 1
   Whereas, however, in this case, there are no Commu­
   nity or national statistics for the wines in question ;                The 500 000 hectolitres quota opened for wine of fresh
   whereas provision should consequently be made for                      grapes intended for fortifying, originating in Algeria,
                                                                          under the conditions laid down by Regulation (EEC)
                                                                          No 1516/76 , shall be allocated as follows among the
   (!) OJ No L 169, 28 . 6 . 1976, p. 29 .                                Member States for the period 1 July 1978 to 30 June
   (2) OJ No L 141 , 28 . 5. 1976, p. 2.                                  1979 :
 ---pagebreak--- No L 142/34                           Official Journal of the European Communities                                30 . 5 . 78
                                           (in hectolitres)      may amount to the total quantities actually used for
        Benelux                              30 000              fortifying, to the extent that the reserve so permits.
        Denmark                               1 250
        Germany                            115 000               2 . Other shares may be drawn in accordance with the
        France                             100 000               same conditions until the reserve is used up.
        Ireland                               1 250
        Italy                              100 000               3 . Member States shall return to the reserve, not later
        United Kingdom                        7 500              than 1 April 1979, the unused share of their quota. The
                                                                 reserve shall be used in accordance with paragraph (2).
The remaining 145 000 hectolitres shall constitute the
reserve .
                                                                                          Article 3
                         Article 2
                                                                 This Regulation shall enter into force on the third day
1 . If 90 % or more of any Member State's initial share          following its publication in the Official Journal of the
as fixed in Article 1 is used for fortifying as part of its      European Communities .
initial share, that Member State shall forthwith, by
notifying the Commission, draw a second share which              It shall apply from 1 July 1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member States.
              Done at Brussels, 22 May 1978 .
                                                                                    For the Council
                                                                                     The President
                                                                                      K. HEINESEN