CELEX: 31976R3087
Language: en
Date: 1976-12-13 00:00:00
Title: Council Regulation (EEC) No 3087/76 of 13 December 1976 opening, allocating and providing for the administration of Community tariff quotas for Madeira wines, falling within heading No ex 22.05 of the Common Customs Tariff, originating in Portugal (1977)

18 . 12. 76                           Official Journal of the European Communities                            No L 348 / 5
                                   COUNCIL REGULATION (EEC) No 3087 /76
                                                   of 13 December 1976
               opening, allocating and providing for the administration of Community tariff
               quotas for Madeira wines, falling within heading No ex 22.05 of the Common
                                   Customs Tariff, originating in Portugal ( 1977)
THE COUNCIL OF THE EUROPEAN                                      Whereas it is in particular necessary to ensure for all
COMMUNITIES,                                                     Community importers equal and uninterrupted access
                                                                 to the abovementioned quotas and uninterrupted
                                                                 application of the rates laid down for these quotas to
Having regard to the Treaty establishing the European            all imports of the products concerned into all Member
Economic Community, and in particular Articles 43                States until the quotas have been used up ; whereas,
and 113 thereof,                                                 having regard to the principles mentioned above, the
                                                                 Community nature of the quotas can be respected by
                                                                 allocating the Community tariff quota among the
                                                                 Member States ;
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parlia­
ment (! ),
                                                                 Whereas, in order to reflect most accurately the actual
                                                                 development of the market in the products concerned,
Whereas Article 4 of Protocol 8 to the Agreement                 such allocation should be in proportion to the needs
between the European Economic Community and the                  of the Member States, assessed by reference both to
Portuguese Republic (2), as amended by the Interim               the statistics of each State's imports from Portugal
Agreement between the European Economic Commu­                   over a representative period and to the economic
nity and the Portuguese Republic (3), provides that              outlook for the quota period concerned ;
customs duties on imports into the Community of
certain wines originating in Portugal, shall be
reduced :
— by 60' % in the case of the duties applicable to
     Madeira wines falling within subheadings ex 22.05           Whereas available Community statistics give no infor­
                                                                 mation on the situation of Madeira wines on the
     C III a) 1 and ex 22.05 C IV a) 1 of the Common
     Customs Tariff, up to a total annual tariff quota of        markets ; whereas, however, Portuguese statistics for
     1 500 hi, and                                               exports of these products to the Community during
                                                                 the past three years can be considered to reflect
— by 50 % in the case of the duties applicable to                approximately the situation of Community imports ;
     Madeira wines falling within subheadings ex 22.05           whereas on this basis the corresponding imports by
     C III b) 1 and ex 22.05 C IV b) 1 of the Common             each of the Member States for the past three years
     Customs Tariff up to a total annual tariff quota of         represent the following percentages of the imports
     14 500 hi ;                                                 into the Community from Portugal of the products
                                                                 concerned :
Whereas this reduction applies, in the case of the
Community as originally constituted, to the Common                                             1973     1974       1975
Customs Tariff duties ; whereas in the case of the new
Member States, this reduction applies up to and                  Madeira wines
including 30 June 1977 to such duties as these States
                                                                 — in receptacles contain­
apply at any given moment to imports from third                      ing two litres or less :
countries and from 1 July 1977 to the Common
                                                                     — Benelux                 13-3     15-8      28-7
Customs Tariff duties ; whereas these wines will
                                                                     — Denmark                 16-8     22-5      31-5
remain subject to the provisions governing the
                                                                     — Germany                 19-9      8 -7      90
common organization of the market in wine ;                          — France                  4-5       3-4       2-5
                                                                     — Ireland                  1-5      0-8        1-0
(') OJ No C 259, 4. 11 . 1976, p. 37.                                — Italy                   23-8     35-4       17-3
(2) OJ No L 301 , 31 . 12. 1972, p. 165.                             — United Kingdom          20·2     13-4       100
(3) OJ No L 266, 29 . 9. 1976, p . 2.
 ---pagebreak--- No L 348 /6                         Official Journal of the European Communities                                    18 . 12. 76
                                                                  end of the quota period ; whereas this method of
                              1973           1974          1975   administration calls for close cooperation between
                                                                  Member States and the Commission, which must, in
— in receptacles contain­
                                                                  particular, be able to observe the extent to which the
    ing more than two                                             quota amounts are used and inform Member States
    litres :                                                      thereof ;
    — Benelux                 13-7           14-8          13-6
    — Denmark                 18-4           160           10-6
                                                                  Whereas if, at a specified date in the quota period, a
                                                                  considerable balance of one of the initial quota shares
    — Germany                 17-8           18-1          21-4
                                                                  remains in one or other Member State it is essential
    — France                  39-4          40-8           46-7
    — Ireland                  01             01            —
                                                                  that that Member State pays a large amount of it back
    — Italy                    —              —             —
                                                                  into the reserve, in order to avoid a part of one or
    — United Kingdom          10-6           10-2           7-7   other of the Community quotas remaining unused in
                                                                  one Member State when it could be used in others ;
                                                                  Whereas, since the Kingdom of Belgium, the
                                                                  Kingdom of the Netherlands and the Grand Duchy of
whereas, in view of these data and the estimates                  Luxembourg are united in and represented by the
submitted by certain Member States, initial quota                 Benelux Economic Union, all transactions concerning
shares may be fixed approximately at the following                the administration of shares granted to the abovemen­
percentages :                                                     tioned economic union may be carried out by any of
                                                                  its members,
                                   Madeira wines in receptacles
                                             containing
                                   two litres         more than   HAS ADOPTED THIS REGULATION :
                                    or less            two litres
Benelux                              18-4                14-0                               Article 1
Denmark                              22-9                16-5
Germany                              13-1                19-1      1 . For the period from 1 January to 31 December
France                                3-6                40-8      1977, Community tariff quotas shall be opened for
Ireland                               1-1                 0-1
                                                                   products originating in Portugal, and within the limits
Italy                                25-8                 0-1
                                                                   listed below :
United Kingdom                       1 5-1                9-4
                                                                              CCT                                     Quota
                                                                           heading No           Description          amount
Whereas, in order to take into account import trends               ex 22.05 C III a) 1       )  Madeira
                                                                                                                    1 500 hi
for the products concerned in the different Member                 ex 22.05 C IV a) 1        ^ wines
States, each of the quota amounts should be divided                                          (  Madeira
into two instalments, the first instalment being allo­             ex 22.05 C III b) 1
                                                                   ex 22.05 C IV b) 1        )  wines              14 500 hi
cated among the Member States and the second
 forming a reserve intended ultimately to cover the
 requirements of the Member States which have used
 up their initial quota shares ; whereas, in order to              2.    The Common Customs Tariff duties on wines
 ensure a certain degree of security for importers in              imported within these tariff quotas shall be suspended
each Member State, the first instalment of the                     at the rates listed below :
 Community quotas should be determined at a level
which, under present circumstances, may be 90 % of
 each of the quota amounts ;                                                 CCT heading No                 Rate of duty
                                                                   ex  22.05 C   III a) 1                   5-4  u.a./hl
 Whereas the initial quota shares of the Member States
                                                                   ex  22.05 C   IV  a) 1                   5-8  u.a./hl
 may be used up at different times ; whereas, in order                                                      5-5  u.a./hl
                                                                   ex  22.05 C   III b)  1
 to take this fact into account and avoid any break in             ex  22.05 C   IV  b)  1                  6-0  u.a./ hl
 continuity, any Member State having used up almost
 the whole of any one of its initial quota shares should
 draw an additional quota share from the corres­
 ponding reserve ; whereas this must be done by each                3. Within the limits of these tariff quotas and up to
 Member State when each of its additional quota shares              and including 30 June 1977, the new Member States
 is almost entirely used up, and repeated as many times             shall apply the duties calculated in accordance with
 as the reserve allows ; whereas the initial and addi­              the provisions set out in Protocol 8 annexed to the
 tional quota shares must be available for use until the            Agreement and in the Act of Accession.
 ---pagebreak--- 18 . 12. 76                            Official Journal of the European Communities                                 No L 348/7
                         Article 2                                       4. Notwithstanding paragraphs 1 , 2 and 3, the
                                                                         Member States may proceed to draw shares smaller
1.    The tariff quotas laid down in Article 1 shall be                  than those fixed in those paragraphs if there is any
divided into two instalments.                                            reason to believe that those shares might not be used
                                                                         up. They shall inform the Commission of the reasons
2. A first instalment of each quota shall be shared                      which led them to apply this paragraph .
among the Member States ; the shares which, subject
to Article 5, shall be valid until 31 December 1977
shall consist of the following amounts :                                                         Article 4
                                                        (in hectolitres)
                                                                         Each of the additional shares drawn pursuant to
                              Madeira wines under subheadings            Article 3 shall be valid until 31 December 1977.
                          ex 22.05 C III a) 1  ex 22.05 C III b) 1
                                  and                    and
                          ex 22.05 C IV a) 1   ex 22.05 C IV b) 1                                Article 5
Benelux                          248                  1   820            The Member States shall return to the reserve, not
Denmark                          309                  2   150
                                                                         later than 1 October 1977, the unused portion of their
Germany                           177                 2   480
                                                                         initial share which, on 15 September 1977, is in
France                            50                  5   300
Ireland                            15                     15
                                                                         excess of 20 % of the initial amount. They may return
Italy                            347                      15             a larger quantity if there are reasons to believe that
United Kingdom                   204                  1 220              such quantity might not be used.
                  Total        1 350                1 3 000              The Member States shall, not later than 1 October
                                                                         1977, notify the Commission of the total imports of
                                                                         the products concerned effected up to 15 September
                                                                         1977 inclusive and charged against the Community
3. The second instalment of each quota, 1 50 hecto­                      quotas and, where appropriate, the proportion of their
litres and 1 500 hectolitres respectively, shall consti­                 initial shares that is being returned to each reserve.
tute the reserve.
                                                                                                 Article 6
                         Article 3
                                                                         The Commission shall keep account of the shares
1.    If 90 % or more of one of the initial shares of a                  opened by Member States in accordance with Articles
                                                                         2 and 3 and shall inform each of them of the extent
Member State, as laid down in Article 2 (2) or 90 % or
more of that share less the amount returned into the                     to which the reserves have been used as soon as it
                                                                         receives the notifications.
reserve, where the provisions of Article 5 have been
applied, has been exhausted, that Member State shall
proceed without delay, by notifying the Commission,                      The Commission shall, not later than 5 October 1977,
to draw a second share equal to 1 5 % of its initial                     notify Member States of the amount in each reserve
share, rounded up to the next unit where appropriate,                    after the return of shares pursuant to Article 5.
to the extent that the amount in the reserve allows .
                                                                         The Commission shall ensure that any drawing which
2.    If, after one or other of its initial shares has been              uses up any reserve is limited to the balance available
exhausted, 90 % or more of the second share drawn                        and for this purpose, shall specify the amount thereof
by a Member State has been used, that Member State                       to the Member State which makes the final drawing.
shall proceed in the manner specified in paragraph 1
to draw a third share equal to 7-5 % of its initial
share, rounded up to the next unit where appropriate,                                            Article 7
to the extent that the amount in the reserve allows .
                                                                         1.    The Member States shall take all appropriate
3.    If, after one of its second shares has been                        measures to ensure that, when additional shares are
exhausted, 90 % or more of the third share drawn by                      drawn pursuant to Article 3, it is possible for charges
a Member State has been used, that Member State                          to be made, without interruption, against their accu­
shall proceed in the manner specified in paragraph 1 ,                   mulated shares of the Community tariff quotas.
to draw a fourth share equal to the third.
                                                                         2. The Member States shall ensure that importers
This process shall be applied until the reserve is                       of the said goods established in their territory have
exhausted .                                                              free access to the shares allocated to them .
 ---pagebreak--- No L 348 /8                      Official Journal of the European Communities                           18 . 12. 76
3.   The extent to which a Member State has used up                                Article 9
its shares shall be determined on the basis of the
imports originating in Portugal as and when the goods       The Member States and the Commission shall coop­
are entered for home use.                                   erate closely in order to ensure that the provisions of
                                                            this Regulation are observed.
                       Article 8
                                                                                   Article 10
At the Commission s request Member States shall
inform it of imports of the products concerned              This Regulation shall enter into force on 1 January
actually charged against their shares.                      1977 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 13 December 1976.
                                                                        For the Council
                                                                         The President
                                                                       M. van der STOEL