CELEX: 31974R2910
Language: en
Date: 1974-11-07 00:00:00
Title: Regulation (EEC) No 2910/74 of the Council of 7 November 1974 opening, allocating and providing for the administration of a Community tariff quota for Setubal muscatel wines, falling within subheading ex 22.05 of the Common Customs Tariff, originating in Portugal

25 . 11.74                             Official Journal of the European Communities                          No L 313 / 49
                                 REGULATION (EEC) No 2910/74 OF THE COUNCIL
                                                      of 7 November 1974
              opening, allocating and providing for the administration of a Community tariff quota
              for Setubal muscatel wines, falling within subheading ex 22.05 of the Common
                                            Customs Tariff, originating in Portugal
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas available Community statistics give no
                                                                   information on the situation of Setubal muscatel
                                                                  wiines on the markets ; whereas, however, Portuguese
Having regard to the Treaty establishing the                       statistics for exports of these products to the
European Economic Community, and in particular                    Community during the past few years can be
Articles 43 and 113 thereof;                                      considered to reflect approximately the situation of
                                                                  Community imports ; whereas on this basis the
                                                                   corresponding imports by each of the Member States
Having      regard    to    the       proposal    from    the     represent the following percentages of the imports
 Commission ;
                                                                  into the Community from Portugal of the products
                                                                  concerned :
Having regard to the Opinion of the European
Parliament;
                                                                                                     1971    1972   1973
Whereas Article 4 of Protocol 8 of the Agreement (*)
between the European Economic Community and                       Benelux                              6· 3  16-4     2-1
the Portuguese Republic provides that customs duties              Denmark                            28-6     8-2   16-3
on imports into the Community of Setubal muscatel                 Germany                            12-1    14-8    9-3
wines originating in Portugal, falling within                     France                              0-1     —
                                                                                                                     9-4
 subheadings ex 22.05 C III a) 1 , ex 22.05 C III b) 1 ,          Ireland                            17-5     1 -6    1-1
ex 22.05 C IV a) 1 and ex 22.05 C IV b) 1 of the                  Italy                               0-1     1 -6   0-4
Common Customs Tariff are to be reduced by 30 °/o                 United Kingdom                     35-3    57-4   61-5
up to a total annual tariff quota of 3 000 hi ; whereas
this reduction applies, in the case of the Community
as originally constituted, to the Common Customs
Tariff duties and, in the case of the new Member                  Whereas, in view of these data and the estimates
States, to such duties as these Member States apply               submitted by certain Member States, initial quota
at any given moment to imports from third                         shares may be fixed approximately at the following
countries ; whereas these wines will remain subject to            percentages :
the provisions governing the common organization
of the market in wine ;                                                          Benelux :             10-8
                                                                                 Denmark :             18-5
Whereas it is in particular necessary to ensure to all                           Germany :             36-7
Community importers equal and uninterrupted                                      France :                IT
access to the abovementioned quota and                                           Ireland :             10Ό
uninterrupted application of the rates laid down for                             Italy :                 0-4
that quota to all imports of the products concerned                              United Kingdom :      22-5
into all Member States until the quota has been used
up ; whereas, having regard to the principles
mentioned above, the Community nature of the                      Whereas, in order to take into account import trends
quota can be respected by allocating the Community                for the products concerned in the different Member
tariff quota among the Member States ; whereas, in                States, the quota amount, should be divided into two
order to reflect most accurately the actual                       instalments , the first instalment being allocated
development of the market in the products                         among the Member States and the second forming a
concerned, such allocation should be ;in proportion               reserve intended ultimately to cover the requirements
to the needs of the Member States, assessed by                    of the Member States which have used up their
reference   both   to   the   statistics   of   each  State's
                                                                  initial quota shares ; whereas, in order to ensure a
imports from Portugal over a representative period                certain degree of security to importers in each
and to the economic outlook for the quota period                  Member State, the first instalment of the Community
concerned ;                                                       quota should be determined at a level which, under
                                                                  present circumstances, may be 90 °/o of the quota
H OJ No L 301 , 31 . 12 . 1972 , p . 165 .                        amount ;
 ---pagebreak--- No L 313 / 50                       Official Journal of the European Communities                                  25 . 11 . 74
Whereas the initial quota shares of the Member                3.     Within the limits of these tariff quotas, the new
States may be used up at different times ; whereas, in        Member States apply the duties calculated in
order to take this fact into account and avoid any            accordance with the relevant provisions set out in
break in continuity, any Member State having used             Protocol 8 annexed to the Agreement and in the Act
up almost the whole of its initial quota share should         of Accession .
draw an additional quota share from the reserve;
whereas this must be done by each Member State                                           Article 2
when each of its additional quota shares is almost
entirely used up, and repeated as many times as the            1.    The tariff quota referred to in Article 1 shall be
reserve allows ; whereas the initial and additional           divided into two instalments .
quota shares must be available for use until the end
of the quota period ; whereas this method of                  2 . A first instalment, amounting to 2 700 hi, shall
administration calls for close cooperation between            be shared among the Member States ; the shares
Member States and the Commission, which must, in              which, subject to Article 5 , shall be valid until 31
particular, be able to observe the extent to which the        December 1975 , shall consist of the following
quota amount is used and inform Member States                 amounts :
thereof;
                                                                                                 (in hectolitres)
Whereas, if, at a specified date in the quota period, a                        Benelux :               290
considerable balance remains in one or other                                   Denmark :               500
Member State it is essential that that Member State
                                                                               Germany :               990
pays a large amount of it back into the reserve, in
                                                                               France :                 30
order to avoid a part of the Community quota
remaining unused in one Member State when it                                   Ireland :               270
could be used in others ;                                                      Italy:                   10
                                                                               United Kingdom :        610
Whereas, since the Kingdom of Belgium, the
Kingdom of the Netherlands and the Grand Duchy                3.     The second instalment, amounting to 300 hi ,
of Luxembourg are united in and represented by the            shall constitute the reserve .
Benelux Economic Union, all transactions concerning
the administration of shares granted to the
abovementioned Economic Union may be carried out                                         Article 3
by any of its members,
                                                              1.     If 90 °/o or more of the initial share of a
                                                              Member State as laid down in Article 2 (2), or 90 °/o
HAS ADOPTED THIS REGULATION :                                 or more of that share less the amount returned into
                                                              the reserve, where the provisions of Article 5 have
                          Article 1
                                                              been applied, has been exhausted, that Member State
                                                              shall proceed without delay, by notifying the
                                                              Commission, to draw a second share equal to 15 °/o
1 . For the period from 1 January until 31                    of its initial share, rounded up to the next unit
December 1975, a Community tariff quota of 3000 hi            where appropriate, to the extent that the amount in
shall be opened for Setubal muscatel wines                    the reserve allows .
originating in Portugal, falling within subheadings ex
22.05 C III a) 1 , ex 22.05 C III b) 1 , ex 22.05 C IV a) 1   2.     If, after its initial share has been exhausted,
and ex 22.05 C IV b) 1 of the Common Customs                  90 °/o or more of the second share drawn by a
Tariff.                                                        Member State has been used, that Member State
                                                               shall proceed in the manner specified in paragraph 1
2. The Common Customs Tariff duties applicable                to draw a third share equal to 7*5% of its initial
to wines imported within this tariff quota shall be           share, rounded up to the next unit where
suspended at the rates listed below :                          appropriate, to the extent that the amount in the
                                                               reserve allows .
       CCT heading No                     Rate of duty
                                                              3.     If, after its second share has been exhausted,
                                                               90 °/o or more of the third share drawn by a Member
                                                               State has been used, that Member State shall
    ex  22.05 C  III a) 1                 9-4 u.a./hl         proceed, in the manner specified in paragraph 1 , to
    ex  22.05 C  III b) 1                 7-7 u.a./hl          draw a fourth share equal to the third .
    ex  22.05 C  IV  a) 1                10-1 u.a./hl
    ex 22.05  C IV   b) 1                 8-4 u.a./hl          This process shall be applied until the reserve is
                                                               exhausted .
 ---pagebreak--- 25 . 11 . 74                        Official Journal of the European Communities                         No L 313 /51
4.     Notwithstanding paragraphs 1 , 2 and 3 , the           The Commission shall ensure that any drawing
Member States may proceed to draw shares smaller              which uses up the reserve is limited to the balance
than those fixed in those paragraphs, if there is             available, and, for this purpose, shall specify the
reason to believe that those shares might not be used         amount thereof to the Member State which makes
up. They shall inform the Commission of the reasons           the final drawing.
which led them to apply this paragraph.
                                                                                       Article 7
                          Article 4
                                                               1.    The Member States shall take all appropriate
The additional shares drawn pursuant to Article 3             measures to ensure that, when additional shares are
shall be valid until 31 December 1975 .                       drawn pursuant to Article 3 , it is possible for charges
                                                              to be made without interruption against their
                                                              accumulated shares of the Community tariff quota.
                          Article 5
                                                              2.     The Member States shall ensure that importers
If, by 15 September 1975 , a Member State has not             of the said goods established in their territory have
used up its initial share, it shall, not later than 10        free access to the shares allocated to them .
October 1975, return to the reserve the unused
portion of this share in excess of 20 °/o of the initial      3.     The extent to which a Member State has used
amount. It may return a larger quantity if there are          up its shares shall be determined on the basis of the
reasons to consider that such quantity might not be           imports originating in Portugal as and when the
used .                                                        goods are entered for home use.
The Member States shall, not later than 10 October
1975 , notify the Commission of the total imports of                                   Article 8
the products concerned effected up to 15 September
1975 inclusive and charged against the Community              Member States shall inform the Commission at
quota and, where appropriate, the proportion of               regular intervals of imports of the products
their initial shares that is being returned to the            concerned actually charged against their shares .
reserve .
                         Article 6                                                     Article 9
The Commission shall keep account of the shares               The    Member     States  and    the Commission    shall
opened by Member States, in accordance with                   cooperate closely in order to ensure that the
Articles 2 and 3 and shall inform each of them of the         provisions of this Regulation are observed.
extent to which the reserve has been used as soon
as it receives the notifications .
                                                                                       Article 10
The Commission shall, .not later than 15 October
1975 , notify Member States of the amount in the              This Regulation shall enter into force on 1 January
reserve after the return of shares pursuant to Article 5 .    1975 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels , 7 November 1974.
                                                                              For the Council
                                                                               The President
                                                                                A. JARROT