CELEX: 31975R2958
Language: en
Date: 1975-11-05 00:00:00
Title: Regulation (EEC) No 2958/75 of the Council of 5 November 1975 opening, allocating, and providing for the administration of a Community tariff quota for Setubal muscatel wines, falling within heading No ex 22.05 of the Common Customs Tariff, originating in Portugal (1976)

No L 294/8                            Official Journal of the European Communities                           13 . 11 . 75
                             REGULATION (EEC) No 2958 /75 OF THE COUNCIL
                                                   of 5 November 1975
              opening, allocating and providing for the administration of a Community tariff
              quota for Setubal muscatel wines, falling within heading No ex 22.05 of the
                             Common Customs Tariff, originating in Portugal ( 1976)
THE COUNCIL OF THE EUROPEAN                                      Whereas available Community statistics give no infor­
COMMUNITIES,                                                     mation on the situation of Setubal muscatel wines on
                                                                 the markets ; whereas, however, Portuguese statistics
                                                                 for exports of these products to the Community
Having regard to the Treaty establishing the European            during the past few years can be considered to reflect
Economic Community, and in particular Articles 43                approximately the situation of Community imports ;
and 113 thereof ;                                                whereas on this basis the corresponding imports by
                                                                 each of the Member States during the past three years
                                                                 represent the following percentages of the imports
Having regard to the proposal from the Commission ;              into the Community from Portugal of the products
                                                                 concerned :
Having regard to the Opinion of the European Parlia­
                                                                                              1972     1973       1974
ment (*) ;
                                                                 Benelux                      16-4      2-1       19-3
Whereas Article 4 of Protocol 8 to the Agreement (2)             Denmark                       8-2     16-3        —
between the European Economic Community and the                  Germany                      14-8      9-3       10-5
Portuguese Republic, provides that customs duties on             France                        —        9-4        —
imports into the Community of Setubal muscatel                   Ireland                       1-6      11         —
wines, originating in Portugal, falling within subhead­          Italy                         1-6      0-4        7-5
ings ex 22.05 C III a) 1 , ex 22.05 C III b) 1 , ex 22.05        United Kingdom              57-4      61-5       62-7
C IV a) 1 and ex 22.05 C IV b) 1 of the Common
Customs Tariff are to be reduced by 30 % up to a
total annual tariff quota of 3 000 hectolitres ; whereas
this reduction applies, in the case of the Community             Whereas, in view of these data and the estimates
as originally constituted, to the Common Customs                 submitted by certain Member States, initial quota
Tariff duties and, in the case of the new Member                 shares may be fixed approximately at the following
States, to such duties as these States apply at any given        percentages :
moment to imports from third countries ; whereas
                                                                         Benelux                            10-7
these wines will remain subject to the provisions
                                                                         Denmark                            18-5
governing the common organization of the market in
wine ;                                                                   Germany                            36-7
                                                                         France                               1-1
                                                                         Ireland                            10-0
Whereas it is in particular necessary to ensure to all                   Italy                               0-4
Community importers equal and uninterrupted access                       United Kingdom                     22-6
to the abovementioned quota and uninterrupted appli­
cation of the rates laid down for that quota to all              Whereas, in order to take into account import trends
imports of the products concerned into all Member                for the products concerned in the different Member
States until the quota has been used up ; whereas,               States, the quota amount should be divided into two
having regard to the principles mentioned above, the             instalments, the first instalment being allocated
Community nature of the quota can be respected by                among the Member States and the second forming a
allocating the Community tariff quota among the                  reserve intended ultimately to cover the requirements
Member States ; whereas, in order to reflect most accu­
                                                                 of the Member States which have used up their initial
rately the actual development of the market in the               quota shares ; whereas, in order to ensure a certain
products concerned, such allocation should be in                 degree of security to importers in each Member State,
proportion to the needs of the Member States,                    the first instalment of the Community quota should
assessed by reference both to the statistics of each             be determined at a level which , under present circum­
State's imports from Portugal over a representative              stances, may be 90 % of the quota amount ;
period and to the economic outlook for the quota
period concerned ;
                                                                 Whereas the initial quota shares of the Member States
(') OJ No C 239, 20 . 10. 1975, p. 48 .                          may be used up at different times ; whereas, in order
(2) OJ No L 301 , 31 . 12. 1972, p . 165 .                       to take this fact into account and avoid any break in
 ---pagebreak--- 13 . 11 . 75                          Official Journal , of the European Communities                            No L 294/9
continuity, any Member State having used up almost                                          Article 2
the whole of its initial quota share should draw an
initial quota share from the reserve ; whereas this                1.     The tariff quota referred to in Article 1 shall be
must be done by each Member State when each of its                 divided into two instalments .
additional quota shares is almost entirely used up, and
repeated as many times as the reserve allows ; whereas
the initial and additional quota shares must be avail­             2. A first instalment, amounting to 2 700 hectoli­
able for use until the end of the quota period ;                   tres of this quota, shall be shared among the Member
whereas this method of administration calls for close              States ; the shares which, subject to Article 5, shall be
                                                                   valid until 31 December 1976, shall consist of the
cooperation between Member States and the Commis­
sion, which must, in particular, be able to observe the            following amounts :
extent to which the quota amount is used and inform                                                          (in hectolitres)
Member States thereof ;
                                                                           Benelux                                290
Whereas, if at a specified date in the quota period a                      Denmark                                500
considerable balance of the initial share remains in                       Germany                                990
one or other Member State, it is essential that that                       France                                  30
Member State pays a large amount of it back into the                       Ireland                                270
reserve, in order to avoid a part of the Community                         Italy                                   10
quota remaining unused in one Member State when it                         United Kingdom                         610
could be used in. others ;
                                                                   3.     The second instalment, amounting to 300 hecto­
Whereas, since the Kingdom of Belgium, the                         litres, shall constitute the reserve.
Kingdom of the Netherlands and the Grand Duchy of
Luxembourg are united in and represented by the
Benelux Economic Union, all transactions concerning                                          Article 3
the administration of shares granted to the abovemen­
 tioned economic union may be carried out by any of
 its members,                                                       1.    If 90 % or more of the initial share of a Member
                                                                   State, as laid down in Article 2 (2), or 90 % or more of
                                                                   that share less the amount returned into the reserve,
                                                                   where the provisions of Article 5 have been applied,
 HAS ADOPTED THIS REGULATION :                                     has been exhausted, that Member State shall proceed
                                                                   without delay, by notifying the Commission, to draw a
                                                                   second share equal to 15 % of its initial share,
                            Article 1                               rounded up to the next unit where appropriate, to the
                                                                    extent that the amount in the reserve allows.
  1 . For the period 1 January to 31 December 1976,
 a Community tariff quota of 3 000 hectolitres shall be             2.    If, after its initial share has been exhausted,
 opened for Setubal muscatel wines, originating in                  90 % of the second share drawn by a Member State
 Portugal, falling within subheadings ex 22.05 C III a)             has been used, that Member State shall proceed in the
  1 , ex 22.05 C III b) 1 , ex 22.05 C IV a) 1 and ex 22.05         manner specified in paragraph 1 to draw a third share
 C IV b) 1 of the Common Customs Tariff.                            equal to 7-5 % of its initial share, rounded up to the
                                                                    next unit where appropriate, to the extent that the
 2.      The Common Customs Tariff duties on wines                  amount in the reserve allows .
 imported within this tariff quota shall be suspended at
 the rates listed below :                                           3.    If, after its second share has been exhausted,
                                                                    90 % or more of the third share drawn by a Member
                                                                    State has been used, that Member State shall proceed,
             CCT heading No                Rate of duty             in the manner specified in paragraph 1 , to draw a
                                                                    fourth share equal to the third.
 ex    22.05 C III  a) 1                   9-4  u.a./hl
 ex    22.05 C  III b)  1                  7-7  u.a./hl
 ex    22.05 C  IV  a) 1                  10-1  u.a./hl             This process shall be applied until the reserve is
                                                                    exhausted .
 ex    22.05 C  IV  b) 1                   8-4  u.a./hl
                                                                    4. Notwithstanding paragraphs 1 , 2 and 3, the
  3. Within the limits of these tariff quotas, the new              Member States may proceed to draw shares smaller
  Member States shall apply the duties calculated in                than those fixed in those paragraphs if there is reason
 accordance with the - relevant provisions set out in               to believe that those shares might not be used up.
  Protocol 8 annexed to the Agreement and in the Act                They shall inform the Commission of the reasons
 of Accession .                                                     which led them to apply this paragraph.
 ---pagebreak--- No L 294/ 10                      Official Journal of the European Communities                            13 . 11 . 75
                        Article 4                                                   Article 7
The additional shares drawn pursuant to Article 3            1.    The Member States shall take all appropriate
shall be valid until 31 December 1976 .
                                                             measures to ensure that, when additional shares are
                                                             drawn pursuant to Article 3, it is possible for charges
                        Article 3                            to be made without interruption against their accumu­
The Member States shall return to the reserve, not           lated shares of the Community tariff quota.
later than 1 October 1976, the unused portion of their
                                                             2. The Member States shall ensure that importers
initial share which, on 15 September 1976, is in
                                                             of the said goods established in their territory have
excess of 20 % of the initial amount. They may return        free access to the shares allocated to them.
a larger quantity if there are reasons to believe that
such quantity might not be used.                             3.    The extent to which a Member State has used up
The Member States shall, not later than 1 October            its shares shall be determined on the basis of the
1976, notify the Commission of the total imports of          imports originating in Portugal as and when the goods
                                                             are entered for home use .
the products concerned effected up to 15 September
1976 inclusive and charged against the Community
quota and, where appropriate, the proportion of their                               Article 8
initial shares that is being returned to the reserve.
                                                             At the request of the Commission, Member States
                        Article 6
                                                             shall inform it of imports of the products concerned
The Commission shall keep account of the shares              actually charged against their shares.
opened by Member States in accordance with Articles
2 and 3 and shall inform each of them of the extent
                                                                                    Article 9
to which the reserve has been used as soon as it
receives the notifications .
                                                             The Member States and the Commission shall coop­
The Commission shall, not later that 5 October 1976,         erate closely in order to ensure that the provisions of
notify Member States of the amount in the reserve            this Regulation are observed.
after the return of shares pursuant to Article 5.
The Commission shall ensure that any drawing which                                  Article 10
uses up the reserve is limited to the balance available,
and for this purpose shall specify the amount thereof        This Regulation shall enter into force on 1 January
to the Member State which makes the final drawing.           1976 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 5 November 1975.
                                                                         For the Council
                                                                          The President
                                                                            M. RUMOR