CELEX: 51978PC0400
Language: en
Date: 1978-09-08
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quota for wines from fresh grapes and grape must with fermentations arrested by the addition of alcohol falling within heading No 22.05 of the Common Customs Tariff, originating entirely in Greece (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 400
Vol. 1978/0154
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
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règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(78)400 final
                                              Brussels , 8 September 1978
                            Proposal for a
                       COUNCIL REGULATION ( EEC )
         opening , allocating and providing for the administration
         of Community tariff quota for wines from fresh grapes and
         grape must with fermentations arrested by the addition of
         alcohol falling within heading No 22.05 of the Common
         Customs Tariff , originating entirely in Greece
         ( submitted to the Council by the Commission )
C0M(78 ) 400 final
 ---pagebreak---                  EXPLANATORY MEMORANDUM
Pending a decision by the Association Council under Article 35
36(1 ) of the EEC-Greece Association Agreement , the Council has
laid down the arrangements applicable as from 29 April 1977 to
imports of wines of fresh grapes and- grape must with fermenta ^- 1
tion arrested by the addition of alcohol , falling V/ i thin CCT
heading N° 22.05 and wholly obtained in Greece . The arrangements
      !           .       -        .        .   '     "       . - .
                                              \
provide for the opening for these products of a Community tariff
quota , at rates of duty corresponding to 15% of those specified
in the Common Customs Tariff .          y           "
The annexed proposed Regulation has as its aim to renew^for 1979
the regime decided on for 1978 , that is a Community tariff quota ,
whose volume shall be that proposed for 1978 , that is 440.000 hi,
divided into two tranches . This shall be the first , of 88% of the
volume , being divided between the Member States on the basis of
the percentages used in 1978 , th$ second , of 12% of the volume,'
being the Community reserve .            •'       *       *
  " '    -          "                i                  *           • »
The method of administration proposed is the same as that ysed in
the context of the 1978 quota . The authorization given to the Member
States to divide on ah indicative basis     three quota shares into two
parts , one for table wines and the other for wine to be used for
making vermouth , has also been included in this proposal.'
 ---pagebreak---                                                  PROPOSAL FOR A
                                 COUNCIL REGULATION (EEC) No                         / 78
                                                 of
             opening, allocating and providing for the administration of a Community tariff
             quota for wines from fresh grapes and grape must with fermentation arrested by
             the addition of alcohol, .(ailing within heading No 22.05 of the Common
                                Customs Tariff, originating entireiy in Greece •
THE COUNCIL -OF THE EUROPEAN                              tics relating to imports from Greece over a representa­
COMMUNITIES,                                              tive period, and to the economic outlook for the quota
                                                          period concerned ;             '
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43          Whereas, on the basis of the statistics at present avail­
and 113 thereof.                                          able, imports from Greece into the Member -States in
                                                          1S?50 1576 and 1S77         of the product concerned have
                                                          developed as follows and represent the following
Having regard to the proposal from the Commission,        percentages of total imports into the Community :.
                                                                       Member States           1ë?5   1S76     1977
Having regard to the opinion of the European Parlia­
ment             ,
                                                          Bénélux                              56,01   71,69   @8,57
                                                          Denmark                               0,06    0.17    0,01
                                                          Germany                              W.35    1S.90   25,23
whereas, pending a decision by the Association            l-rance                               2,42    *,06    5,23
Council pursuant to Article 35 or 36 ( 1 ) of the EEC-    Iretand                               0,02    0,0     0,01
Greece Association Agreement, a Community tariff          Italy    . _                          0,06    2.63    0,06
quota of W'.IUU hectolitres should be opened at a         United Kingdom                        1,05            Û«89
reduced duty in 1S79 for wines from fresh grapes and
grape must with fermentation arrested by the addition
of alcohol, originating entirely in Greece, complying     whereas, taking into account these figures and the ,
with Regulation (EEC) No 816/70 and in particular         foreseeable development of the market in the product
with Article 9 thereof ; whereas it is necessary in these concerned during ^S7S, , (he initial shares in the
circumstances to open the Community tariff quota as       volume of the quota may be fixed approximately at
from 1 January          »    •                            the following percentages : .
                                                                   Bénélux                              62-91
Whereas it is in particular necessary to .guarantee all            Denmark                                0-52
importers of the Member States equal and uninter­
                                                                  Germany                               29-35
rupted access to the said quota and uninterrupted                 France                                  4-43
application of the rate laid down for that quota to all           Ireland                                 0-35
imports into such States of the products concerned
                                                                  Itaiy                                   0-35
until the quota has been used up ; whereas, having                United KSngdoa                          2-09
regard to the above principles, the Community nature
of the quota can be respected by allocating the
Community tariff quota among the Member States ;          Whereas, in order to take into account the import
whereas, to reflect most accurately the actual develop­   trends for the product concerned in the Member
ment of the market in the products concerned, such        States, the quota volume should be divided into two
allocation should be in proportion to the needs of the    tranches, the first tranche being allocated among the
 Member States; assessed by reference both to the statis­ Member States and the second forming a reserve
                                                          intended ultimately to cover the requirements of the
                                                          Member States, should their initial share be used up ;
 ---pagebreak--- whereas, in order to ensure a certain degree ot security              Whereas since the Kingdom of Belgium, che
 to importers, the first tranche ot the Community                     Kingdom of the Netherlands and the Grand Duchy of
quota should be determined at a relatively high level?                Luxemburg are united within and jointly represented
whieh under preheat eireumstsncea could b*            % . of          by the Benelux Beenemie Union, #riy measure
the quota volume ;                                                    concerning the administration of the quota shares allo­
                                                                      cated to that economic union may be carried out by
                                                                      any one of its members,
Whereas the initial shares may be, used up fairly
quickly ; whereas, therefore, to avoid disruption- of
supplies, any Member State which has almost used up
its initial share should draw a supplementary share
from the Community reserve ; whereas this must be
done by each Member State as each one of its supple­                  HAS ADOPTED THIS REGULATION :
mentary shares is almost used up, and as many, times
as the reserve allows ; whereas the initial and supple­
mentary shares must be valid until the end of the
quota period ; whereas this form of administration                                             Article 1
requires close collaboration between the Member
States and the Commission, and the Commission
must be in a position to follow the extent to which                   1 . From 1 January to 31 December 1979, a
the tariff quota has been used up and to inform the                 . Community tariff quota of 440.000 hectolitres shall be
Member States thereof ;                                               opened in the Community for wine of fresh grapes
                                                                      and grape must with fermentation arrested by the addi­
                                                                      tion of alcohol, falling within heading No 22.05 of the
Whereas if, at a specified date in the quota period, a                Common Customs Tariff, originating entirely in
considerable quantity of the initial quota share                      Greece.
remains in any Member State, it is essential that that
Member State should return a certain proportion
thereof to the reserve in order to avoid part of the                  Within this tariff quota, the Common Customs Tariff
Community quota remaining unused in one Member                        duty shall be reduced to the levels indicated in the
State when it could be used in others ;                               table below :
                    CCT
                  heading                               Description                                  Rate of duty
                     No
              22.05         Wine of fresh grapes ; grape must with fermentation arrested
                            by the addition of alcohol :
                            A. Sparkling wine                                                      6 e.u.a. per hi
                            B. Wine in bottles with 'mushroom' stoppers held in place
                               by ties or fastenings, and wine otherwise put up with an
                               excess pressure of not less than one atmosphere but less
                               than three atmospheres, measured at a temperature of
                               20° C.                                                                    e.u.a. per bl
                            C. Other :       ,
                                  I. Of an actual alcoholic strength not exceeding 13° , in
                                     containers holding : '
                                     (a) Two litres or less                                                e.u.a. per hl
                                     (b) More than two litres                                     i.i      e.u.a. per bl
                                 II. Of an actual alcoholic strength exceeding 13s but
                                     not. exceeding 15° , in containeis holding :
                                     (a) Two litres or less                                       2i      '-e.u.a. per hl
                                     (b) More than two litres                                     16        e.u.a. por hl
                                III. Of an actual alcoholic strength exceeding 15° but
                                     not exceeding 18° , in containers holding :
                                     (a) Two litres or less :
                                         2. Other                                                 2-5.       e.u.a. per hl
                                     (b) More than two litres :
                                         3 . Other                                                21         e.u.a. per hl
                                                   \
 ---pagebreak---                      CCT
                  . heading                                   Description                               Rate of duty
                      No
               22.05                 IV. Of an actual alcoholic strength exceeding 18° but
               (cent'd)                  not exceeding 22° , in containers holding :
                                         (a) Two litres or less :
                                             2. Other                                                28 e.u.a. per hl
                                         (b) More than two litres :
                                             3. Other                                                2-8 e*u.a. per hl
                                      V. Of an actual alcoholic strength exceeding 22° , in
                                         containers holding :
                                         (a) Two litres or less                                      0 2 e.u.a. per hl
                                                                                                     and per degree
                                                                                                    + 15 e.u.a. per hl
                                         (b) More than two litres                                    0 2 e.u.a. par hl
                                                                                                     and per degree
                          . A rticle 2                                    3.     If, after its second share has been exhausted,
                                                                          90 % or more of the third share drawn by that
1.     The tariff quota referred to in Article 1 (1 ) snail               Member State has been, used up, it shall, in the
be divided into two tranches.                                             manner provided for in paragraph 1 , draw a fourth
                                                                          share equal to the third.
2. A first tranche, amounting to 387 000 hecto-
litres, shall be-shared among the Member States ; the                     This process shall be applied until the reserve is
                                                                          exhausted.
shares which, subject to Article 5, shall be valid until
31 December 1979, shall be as follows :
                                                (hectolitres)             4. By way of derogation from paragraphs 1 , 2 and
         Bénélux
         Benelux                                 243 450                  3, Member States may draw smaller shares than those
         Denmark                                    2 000                 fixed in those paragraphs if there is reason to believe
                                                                          that those shares might not be used up. They shall
        Germany                                   113 600
         France                                    17 150
                                                                          inform the Commission of their reasons for applying
         Ireland                                    1 350                 this paragraph.
         Italy                                      1 350
         United
         United Kinedom
                 Kingdom                            8 100 ■
                                                                                                   Article 4
3.     The second tranche of 53*000           hectolitres shall
constitute the reserve.
                                                                          Bach of the additional shares drawn pursuant to
                                                                          Article 3 shall be valid until 31 December 1979.
                            Article 3
                                                                                                   Article Î
1.     If 90% or more of any Member States initial
share, as laid down in Article 2 (2), or 90 % or more                     Member States shall return to the reserve, not later
of that share less the amount returned to the reserve                     than 1 October 1979, the unused portion of their
where Article 5 has been applied, has been exhausted,                     initial share which, on 15 September 1979, is in
that Member State shall without delay, by notifying                       excess of 20 % of the initial amount. They may return
the Commission, draw a second share equal to 15 %                         a greater portion if there are grounds for believing
of its initial share, rounded up to the next unit where                   that such portion may not be used in full .
appropriate, to the extent that the amount in the
reserve allows.
                                                                          The Member States shall , not later than 1 October
                                                                          1979, notify the Commission of the total imports of
2.     If, after its initial share has been exhausted,                    the products concerned effected under and charged
90 % or more of the second share drawn by that                            against the Community quota up to and including 15
Member State has been exhausted, it shali, in the                         September 1S79and, where appropriate, of the propor­
manner provided for in paragraph 1 , draw a third                         tion of their initial shares that they are returning to
share equal to 7-5 % of its initial share.                                the reserve.
 ---pagebreak---                            Article 6
                                                                 to Article 3 are opened in such a way that charges
   The Member States shali be authorized to divide the           may be made without interruption against their
   shares allocated to them or which they have drawn             combined shares of the Community quota.
   from the reseive into two parts, according to their fore­
  seeable use, reserving one part for wines intended for      - 2. Member States shall ensure that importers of the
  direct consumption and the other for wines intended           said products established in their territory have free
  for processing.                                               access to the shares allocated to them or drawn from
                                                                the reserve.
  However, during the marketing year and according to                                                  /
  the actual needs which arise, they shall make the             3.    The extent to which a Member State has used up
  necessary adjustments to the original allocations.            its share shali be determined on the basis of the
                                                                imports of the products in question submitted to the
                          Article 7                             customs authorities under the cover of declarations
                                                                that they have been made available for home use.
 The Commission shall keep account of the shares
 opened by Member States in accordance with Articles                                   Article 9
 2 and 3 and shafl inform each of them of the extent
 to which the reserve has been used as soon as it              At the request of the Commission, Member States
 receives the notification.               V
                                                               shall inform it of imports of the products in question
 The Commission shall, not later than 5 October 1&79t          actually charged against their shares.
 notify the Member States of the state of the reserve                                     <
 after the return of shares pursuant- to Article 5.                                    Article 10
The Commission shall ensure that any drawing which
uses up the reserve is limited to the balance available        The Member States and the Commission shall coop­
and, for -this purpose, shall specify the amount thereof       erate closely in order to ensure that the provisions of
to the Member State which makes the final drawing.             this Regulation are complied with.
                         Article 8                                                    Article ÎÎ
1 - Member States shall take all measures necessary           This Regulation shall enter into force on 1 January
to ensure that supplementary shares drawn pursuant
              This
              Mates.
                    Regulation shall be binding in its entirety and directly applicable in all Member
              Done at Brussels.
                                                                           For the 'Council
                                                                             The President
 ---pagebreak--- FINANCIAL      STATEMENT
                                                   I
      Budget tine concerned ; Ch , 12 Art . 120
 2 , Leqal basis ; Articles 43 and 113 - of the Treaty
3 . Title of the tariff measure :
     Proposal for a Council Regulation ( EEC ) opening , allocating and providi
     for the administration of a Community tariff quota for wines from fresh
    grapes and grape, must with fermentation arrested by the addition of
     alcohol falling within heading No 22.05 of the. Common Customs Tariff ,
    originating entirely in Greece
4 . Objectives :
     ' >o assure , for Greek wines ,, a preferential treatment in the context
        of an interim regime between the national regimes provided for in
        Protocol 14 - to the Agreement EEC~Greece and the regime to be defined
        in accordance with Article 35 or Article 36(1 ) of the Agreement .
5 . Method of calculation                                           .   . ,
     - No of CCT          : 22.05 .              '
     - Auotâ volume       :  440.000 hl
     - Quota duty rate : J5% of CCT duty rates
     - Duty rate CCT      ; "from 9 to 40 UA/ hl
6 . Loss of'.receîpts ;      6.600.000 EUA