CELEX: 51982PC0293
Language: en
Date: 1982-06-04
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for port wines, falling within heading No ex 22.05 of the Common Customs Tariff, and originating in Portugal (1982/83)#Proposal for a COUNCIL REGULATION (EEC) 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, and originating in Portugal (1982/83)#Proposal for a COUNCIL REGULATION (EEC) opening, allcoating and providing for the administration of Community tariff quotas for Setubal muscatel wines, falling within heading No ex 22.05 of the Common Customs Tariff, and originating in Portugal (1982/83) (submitted to the Council by the Commission)

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DOCUMENTS "COM"
COM (82) 293
Vol. 1982/0109
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(82)293 final
                                                        Brussels ,     June 1982 .
                                Proposal for a
                           COUNCIL REGULATION ( EEC )
     opening , allocating and providing for the administration of Community
     tariff quotas for port wines , falling within heading No ex 22.05 of
     the Common Customs Tariff , and originating in Portugal ( 1982 / 83 )
                                Proposal for a
                           COUNCIL REGULATION ( EEC )
     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 , and originating in Portugal ( 1982 / 83 )
                                Proposal for a
                           COUNCIL REGULATION ( EEC )
     opening , allcoating and providing for/ the administration of Community
                                     y
     tariff quotas for Setubal muscatel wines ,                ling within heading No ex
     22.05 of the Common Customs Tariff , and originating in Portugal ( 1982 / 83 )
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                ( submitted to the Council by. the Commission )
C0M(82 ) 293 final
 ---pagebreak---                            EXPLANATORY .-'.EMORANDUM
   1.    Article 9 of the Supplementary Protocol " to the Agreement of 1972
         between the European Economic Community and the Portuguese
         Republic ' f completed by Regulation ( EEC ) No 2370 / 81 layinq
         down the arrangements applicable to trade between Greece and
         Portugal , provides for the opening of Community tariff quotas for
         the wines     listed below :
CoMmon     Customs                                        Annual        Rate    of
                           Description of goods           volume        réduction
Tariff     heading
ex   22.05 C III a )     1  Port wines                    100 ^ ûQ hi       60 X
ex   22.05 C IV     a)   1  - in containers holding
                               two litres or  less
                                                        r
ex   22.05 C III b )     1  Port wines                    160 000 .  hi   * 50  X
ex   22.05  C IV    b)   1  - in containers holding                                %
                              more than two litres             *  *
ex   22.05 c III a )     1  Madeira wines                    4 ΟίΓΟ  hi     60 %
ex   22.05 c IV     a)   1  - in containers holding        \
                             - two litres or  less                          '
ex   22.05 c III b )     1  Madeira wines                   14 500 hi       50 %
ex   22.05 c IV     b)   1  - in containers holding
                               more than two litres
ex  22.05 c III a )      1  Setúbal muscatel wines    .      2 000 hi       60 '/.
ex  22.05 c IV      a)   1  - in 'conta iners holding
                             • two litres or less
ex  22.05 c III b )      1  Setúbal muscatel wines           1   000 hi     50 %
ex  22.05 c IV      b)   1  - in containers holding
                               more than two litres
 ---pagebreak---                                         - 2 -
     Nevertheless , the Declaration by the European Economic Community
   ' on Article .9 of the Supplementary Protocol reserves the right to the
     Community from 1st July 1981 to increase , in the light of the pattern •
     of trade flows , the tariff quota for Portwines in containers holding
     2 liters or less by a quantity equal to the amount not utilized in the
     tariff quota for Portwines in containers holding more than 2 liters
     opened for the preceding period ; the global volume has to be held
     unchanged at 360 400 hi.                                ' .  .
     The tariff quota of 240 000 hi for Portwines in containers holding more
     than 2 liters opened for the period from 1st July 1981 to 30 June 1982 will
      be used to the extent of 23 0 OOOhl . It may be estimated that the
     tariff quota of 230 000 hi for the same wines opened for the period
     from 1st July 198 2 to 30 june 198 3 could be sufficient to cover
     import needs . Under these conditions, it seems advisible to fix the
     quota for Portwines in containers holding two liters or less at
     l3C400hl for the period from 1 July 1982 to 30 June 1983 and to
     reduce the quota for Portwines in containers holding more than two
     liters to 230 000 hi .                           ,
                                                                     !
2.   These wines are subject to provision relating to the common'
     organization of the market in wine .               <
3^   In order to meet the Community 's obligations to Portugal from ,
     1.7.1982 regulations have to be adopted providing for the
     opening , allocation and administration of these Community-
     tariff quotas .
4.   The Regulation provides , in the normal way , that each of the
     volumes shall be divided into two instalments , the first of
     which is to be allocated among the Member States and the
     second heldas a reserve . .                 1
 ---pagebreak---                                      - 3 -
    The allocation of the first instalment is usually based on
    statistics fop the three preceding years and on forecasts for
    the period in question . In the absence of specific Community
    statistics for these wines the initial quotas have been calcu­
    lated on the basis of the most recent statistics for Portuguese
    exports from '1979 to 198 1 . The Portuguese statistics can in
    fact be considered to give a rough picture of Community imports
    in the wines in question .
5.  Owing to the special characteristics of the trade in these
    wines , which also differ between Member States , the regulation ,
  . exceptionally , does not establish a uniform method of .
    administration .   •       '                       . I
                                                          V     . '
                                                              !
                                                              i
                                                              1
    Annex : 3 proposals for Regulations of the Council
 ---pagebreak---                                                     - 4 -
                                                                            /
                              IMPORTS OF WINES ORIGINATING IN PORTUGAL
                                 ( based on Portuguese statistics )
   - Port wines
                   ! in conta iners            ^ 2   Litres    in containers            2 Litres
                     1979               1950        1981        1979           1980        1981
I                    43 705            54 844      58 693       62 592         69 144      48 237
iBene Lux
  Denmark             9 676            10 335      12 235       18.342         16 988      10 507
bermany              24 396            17 601      19 . 867     20.244         16 687      17 984
¡Greece                    14             250            35              -            -            -
  F ranee           140 535          151 o18     150 546       114,019        103 124      78 081
  I re Land             590               841       1 . 683              6            -            5
  Italy              35 532            31 054      29 , 905              m»           -            -
  United Kingdom     28 608            25 46 7     22 556       79 . 252       65 390      48 125
    EEC             283 042          ¿ 92 510    295 520       294 455        271   333   202 939
    - Madei ra wines
   BeneLux              244               275           368      4 811          2 779       3 773
   Dean , r'              79                34           52      3 237          2 586       1 874
  Germany                 40                63           62      6 113          5 - 775     3 , 704
  G rep " e                 -                -           19              -            -            -
   F rance                55                44           19     18 204         11   004    15 463
  I re Land               11                 5                          17            9            -
  I ta Ly               115                 55          279              -            -         •  -
  Uniteci Kingdon       105               127            66      3 497          2 743       3' 001
    EEC                 649               603           865     35 879         24 896      27 815
    - MoscateL de Setúbal wines
    3eneLux               13                46           24           •  -            -           -
    Dennar .,               3                4            9              -            -           -
    Gerrany               10                 -            -                           -           -
    Greece                  -                -                           -            -           -
    France                  4                9                           •            –           -
    IreLand                                  –            •a»            -            -           -
    Ita Ly              .   -                -            –              -            -           tm
   United Kingdom         20                49           49              *                        •
    EEC                   50              1-08           82              •            .           -
                  1
 ---pagebreak---                                                                                      ANNEX A
                                                   Proposa L for a
                                         COUNCIL REGULATiON (EEC)                  "
               opening, allocating and providing for the administration of Community tariff quotas
               for port wines, falling within heading No ex 22.05 of the Common Customs Tariff and
                                             originating in Portugal ( 1982 / 83 )
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the
European Economic Community, and in particular
Article 1 1 3 thereof,
Having regard to the proposal from the Commission,
Whereas Article 9 of the Supplementary Protocol (')
to the Agreement between the European Economic
Community and the Portuguese Republic (2) ^
  completed by Council Regulation ( EEC ) No 2370 / 81
  laying down the arrangements applicable to trade
 between Greece and Portugal ( 3 ), provides
that 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
      port wines falling within subheadings ex 22.05 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 100400 hectolitres, and
– by 50 % in the case of the duties applicable to
      port wines falling within subheadings ex 22.05 C
      III b) 1 and ex 22.05 C IV b) 1 of the Common
      Customs Tariff, up to a total annual tariff quota
      of 260 000 hectolitres :
  Whereas the Declaration by the European Economic
  Community on Article 9 of the Supplementary
  Protocol (4) reserves the right to the Community to
  increase, as from 1 July 1981 , the volume of the tariff
  quota referred to under (a) in so far as the tariff
  quota referred to under (b) has not been exhausted
  (') OJ. No L 348 , 31 . 12. 1979, p. 44.
  O OJ No L 301 , 31 . 12 . 1972 , p. 165 .
  (>) OJNoLZ3ó , 21.8.1981 , p . 1
  («) OJ No L 348 , 31 . 12. 1979, p. 61 .
 ---pagebreak---                               - 2 -
completely during the preceding period, the total
volume remaining at 360 000 hectolitres ; whereas
during recent year an average quantity of 30 000
hectolitres of port wines referred to under (b) has not
been exhausted ; whereas, on the basis of the
development of the importations of the wines in
question during the two last quota periods, it is
necessary to fix the tariff quotas for these wines
at respectively 1 30 4 00 hectolitres and 23O 000
hectolitres for the period 1 July 1982 to 30 June
1983;
Whereas Portugal has given an assurance that the
price for wines originating in its territory will not be
lower than the reference price less the customs duties
actually charged ; whereas, as a result thereof, the
wines covered by those tariff quotas should be treated
in the same manner as wines granted preferential
tariff concessions, provided the free-at-frontier
reference price is observed ; whereas such wines
benefit from the tariff concessions only if the v
provisions of Article 18 of Council Regulation (EEC)
No 337 /79 (s), as last amended by Regulation (EEC)
No3577 /8 1C), are respected ; whereas those
provisions apply to imports under those quotas ;
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access
to the abovementioned quotas and uninterrupted
application of the rates laid down for these quotas to
all imports of the products concerned into all
Member States until the quotas have been used up ;
whereas , having regard to the above principles , the
Community nature of the quotas can be respected by
allocating the Community tariff quota among the
Member States ; whereas , in order to reflect as
accurately as possible the true trend of the market in
the products concerned, such allocation should be in
proportion to the requirements of the Member States,
assessed by reference to the statistics of each State's
imports from Portugal over a representative reference
C) OJ No L 54 , 5 . 3 . 1979 , p. 1 .
(') OjNoL359,15.12.1981 , p.1
 ---pagebreak---                                                                     - 3 -                                 ANNEXE     A
       period and also to the economic outlook for the                       Whereas, in order to take into account import trends
       quota period concerned ;                                              for the products .concerned in the various Member
                                                                             St&tei, each of the quota amounts should be divided
       Whereas available Community statistics give no infor­                 into two instalments, the first instalment being
       mation on the situation of port wines on the markets ;                allocated among the Member States and the second
      whereas, however, Portuguese statistics for exports of                 forming a reserve to cover at a later date the
      these products to the Community during the past                        requirements of the Member States which ( have used
      three years can be considered to reflect approximately                 up their initial quota shares ; whereas, in order to give
      the situation of Community imports ; whereas, on this                  importers in each Member State a certain degree of
      basis, the corresponding imports by each of the                        security, the first instalment c c the Community quotas
      Member States for the past three years represent the                   should , under the present circumstances, be fixed at
      following percentages of the imports into the                          around 90 % of each of the quo-.a amounts ;
      Community from Portugal of the products
      concerned :
                                                                          . Whereas the initial quota shares of th <» Member States
          -                                     1979         1980   1981    may be used up at different times ; whereas, in order
                                                                          • to take this fact into account and avoid any break in
Port wines :                                                                continuity, any Member State which has almost used
– in containers holding two                                                 up its initial quota share should draw an additional
    litres or less :                                                        quota share from the corresponding reserve ; whereas
    Benelux                                    15-4         18-7     19.9 this must be done by each Member State as and when
    Denmark                                      3-5          3-7     4.1 each of its additional shares is almost used up and
    Germany                                      8-6          6-1     6.8   repeated as many times as the reserve allows ; whereas
                                                                      0.1
                                                                            the initial and additional quota shares must be valid
    Greece                                       -             -
    France                                     49-7         51-8     51.0
                                                                            until the end of the quota period ; whereas this
    Ireland                                      0-2          0-3     0.6 method of administration requires close cooperation
                                                                            between Member States and the Commission and the
    Italy                                      12-5         10-6     10.2
    United Kingdom                             10-1           8-7     7.3 latter must, in particular, be in a position to monitor
                                                                            the extent to which the quota volumes have been used
– in containers        holding                                              up and to inform the Member States thereof;
    more than two litres :
    Benelux                                    21-3         25-5     23.7
    Denmark                                      6-2          6-3     5.2
    Germany                                      6-9          6-2     8.8   Whereas if, at a given date in the quota period, a
    Greece                                          -          -
                                                                            substantial quantity of one of the initial shares
    France                                     38-7         38-0
                                                                            remains unused in one or other Member State it is
                                                                     38.5
    Ireland
                                                                            essential that that Member State should return a
                                                –            –
                                                                      0.1
    Italy                                       –            –
                                                                            significant proportion to the reserve, to prevent a part
    United Kingdom                             26 -7        24-0     23.7
                                                                            of any Community quota from remaining unused in
                                                                            one Member State when it could be used in others ;
Whereas, in view of these data and the estimates
submitted by certain Member States, initial quota
shares may be fixed approximately at the following                          Whereas, since the Kingdom of Belgium, the
percentages :                                                               Kingdom of the Netherlands and the Grand Duchy
                                                                            of Luxembourg are united within and jointly
                                 Port wines in containers                   represented by the Benelux Economic Union, any
                                          holding :                         operation relating to the administration of the quota
        "Member States                                                      shares allocated to that economic union may be
                               iwo litres           more than               carried out by any one of its members,
                                or less              two litres
Benelux                         18.05                 23.41       .
Denmark                          3.76                  5.96                 HAS ADOPTED THIS REGULATION :
Germany
Greece                           m ·                   hit
France                         50.83                  38.40                                            Article 1
Ireland                          0.36                  0.01
Italy                           11.07                  0.01                 1.    From 1 July 1982 to 30 June 1983, Community
                                 8.80                 25 . 06
                                                                            tariff quotas shall be opened, in the Community
United Kingdom                                                                     for products originating in Portugal within the
                                                                            limits set out below :
 ---pagebreak---                                                                         . -4                                      ANNEX A
                                                              (fxctolitrei)                             Article 3
             CCT                                           Quota
                               Description                                   1.     If 90 % or more of one of the Member State 's
        heading No                                        amount
                                                                             initial shares as specified in Article 2 (2), or of that
 cx 22.05 C m a) 1
 ex 22.05 C IV a) 1       J· Port wines                 130 400              share minus the portion returned to the reserve where
                                                                             Article 5 it applied , has been used up, then, to the
                                                                             extent permitted by the amount of the reserve, that
 ex 22.05 C III b) 1
 ex 22.05 C IV b) 1       ^ Port wines                  230 000
                                                                             Member State shall forthwith, by notifying the
                                                                             Commission, draw a second share equal to 1 0 % of
                                                                             its initial share, rounded up where necessary to the
 2.      The Common Customs Tariff duties on wines                           next unit.
 imported within these tariff quotas shall be suspended
 at the rates set out below :
                                                                (ECU/hl)     2.     If, after one of its initial shares has been used
                                                                             up, 90 % or more of the second share .drawn by a
                  CCT
               heading No                         Rate of duty               Member State has been used up, then, to the extent
                                                                             permitted by the amount of the reserve, that Member
 ex 22.05 C III a) 1                                  6-5                    State shall, in accordance with the conditions laid
 ex 22.05 C IV a) 1                                   7-0
                                                                             down in paragraph 1 , draw a third share equal to
                                                                                 5 % of its initial share, rounded up where
 ex 22.05 C III b) 1                                  6-6
                                                                             necessary to the next unit.
 ex 22.05 C IV b) 1                                   7-2
                                                                             3.     If, after one of its second shares has been used
   Within these tariff quotas, Greece shall apply                            up, 90 % or more of the third share drawn by a
  customs duties calculated in accordance with the                           Member State has been used up, that Member State
   relevant provisions of the 1979 Act of Accession                          shall, in accordance with the conditions laid down in
  and of Regulation (EEC) No 2370/81 .                                       paragraph 1 , draw a fourth share equal to the third.
                                                                             This process shall continue until the reserve is used
3. The wines shall benefit from these tariff quotas                          up.
only if Article 18 (3) and (4) of Regulation (EEC)
No 337/79 are respected.                                                     4. By way of derogation from paragraphs 1 , 2 and
                                                                              3 , a Member State may draw shares smaller than
                             Article 2                                       those fixed in those paragraphs if there is reason to
                                                                             believe that these might not be used up. It shall ,
1 . Each of the tariff quotas referred to in Article 1                        inform the Commission of its reasons for applying
shall be divided into two parts.                                              this paragraph.
2 . (a) The first instalment of each quota shall be                                                   ' Article 4
          allocated ■ among the Member States ; the
         respective shares, which subject to Article 5
          shall be valid until 30 June 198j , shall be as                    Each of the additional shares drawn pursuant to
          follows :                                                          Article 3 shall be valid until 30 June 1983
                                                            (hectolitres)
                                Port wines under subheadings :                                          Article 5
             Member Sutes   ex 22 . 05 C III a) 1  ex 22.05 C III  b) 1
                                     and                   and               The Member States shall return to the reserve, not
                            ex 22 . 35 C IV a) 1   ex 22.05 C IV   b) 1
                                                                              later than 1 April 1985 , the unused portion of tneir
           Benelux            21 120                   48 460                 initial share which, on 15 March 1983, 's m excess of
                                                                              20 o/o of the initial volume. They may return a larger
           Denmark             4 400                   12 340
                                                                              quantity if there are grounds for believing that it
           Germany             8 310                   14 780                 might not be used.
             Greece                    40                       20
           France
                              59 470                   79 490                 The Member States shall, not later than 1 April 1983,
           Ireland                   420                        20            notify the Commission of the total quantities of the
           Italy              12 950                            20            products concerned imported up to 15 March 19ii£
           United
                                                                              and charged against the Community quotas and of
                              10 290                   51 870                 any quantities of the initia. shares returned to each
           Kingdom
                    Total   117 000                  207 000
     (b) The second instalment of each quota, namely
       13 400 and 23 OOOhectolitres respectively,
         shall constitute the corresponding reserve.
 ---pagebreak---                                                          - 5 -                            ANNEX A
                        Ankle 6                               3.    The extent to which a Member State has used
                                                        *
                                                              up iw         shall be deter-ninea on the banii of the
 The Commission shall keep an account of the shares           imports of the products concerned originating in
 opened by the Member States pursuant to Articles 2           Portugal as and when the goods are entered with
 and 3 and shall, as soon as it is notified, inform each      customs authorities for free circulation.
 State of the extent to which the reserves have been
 used up.
The Commission shall , not later than 5 April 198^                                    Article 8
notify Member States of the amount in each reserve
after quantities have been returned thereto pursuant
to Article 5 .                                                At the Commission's request Member States shall
                                                              inform it of imports of the products concerned
                                                              actually charged against their shares.
The Commission shall ensure that any drawing which
uses up any reserve is limited to the balance available
and to this end shall specify the amount thereof to the
Member State which makes the last drawing.
                                                                                      Articled
                        Article 7
                                                              The    Member States     and    the  Commission  shall
1.    The Member States shall take all measures
                                                              cooperate closely in order to ensure that this Regu­
                                                              lation is complied with.
necessary to ensure that additional shares drawn
pursuant to Article 3 are opened in such a way that
imports may be charged without interruption against
their accumulated shares of the Community quotas.
                                                                                     Article 10
2 . The Member States shall ensure that importers
of the products concerned established in their                This Regulation shall enter into force on
territory have free access to the shares allocated to           1 July 1982 .
them .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                                                                                          /
               Done at Brussels,
                                                                                    For the Council
                                                                                     The President
 ---pagebreak---                                                                                           ΑΝ! Κ Ε Χ Ε
                                                Proposition for a
                                         COUNCIL REGULATION (EEC)
                 opening, allocating and providing for the administration of Community tariff quotas for
                 Maoeira wines, failing w»tkLj keauing No ex 22.05 of the Common Customs Tariff and
                                             originating in Portugal ( 198 2 / S3 )
 THE COUNCIL OF THE EUROPEAN
 COMMUNITIES,
Having regard to the Treaty establishing ihe
European Economic Community, and in particular
Article 1 1 3 thereof.
Having regard to the proposal from the Commission,
Whereas Article 9 of the Supplementary Protocol (')
to the Agreement between the European Economic
Community and the Portuguese Republic (J) ,
 completed by Council. Regulation ( EEC ) No 2370 / 81
 laying down the arrangements applicable to trade
 between Greece and Portugal ( 3 ), provides
 that customs duties on imports into the Community
 of certain wines originating in Portugal shall be
  red .: ed :
 – by 60% in the case of the duties applicable to
       Madeira wines falling within subheadings ex 22.05
       C III a) 1 and ex 22 .C5 C IV a) 1 of the Common
       Customs Tariff, up to a total annual tariff quota
       of 4 O5 3 hectolitres,
  – by 50 % in the case of the duties applicable to
       Madeira wines falling within subheadings ex 22.05
       C III b) 1 and ex 22.05 C IV b) i of the Common
       Customs Tariff, up tc a total annual tariff quota
       of 14 500 hectolitres :
  Whereas Portugal has given an assurance that the
   price for wiaes originating in its territory will not be
   lower than the reference price less :he customs duties
   actually charged ; whereas, as a result thereof, the
   wines covered by those tariff quotas should be treated
   O OJ No L 348 , 31 . 12 . 1979 , p . 44 .
   O Oj No L 301 , M. 12 . 1972 . p . 165 .
   o OTNoL 256 , 21 . 8 . " 981 ,- p. 1
 ---pagebreak---                                    - 2 -                    ANNEX B
  in the same manner as wines granted preferential
  tariff concessions, provided the free-at-frontier
  reference price is observed ; whereas such wines
  benefit from the tariff concessions only if the
  provisions of Article 18 of Council Regulation (EEC)
  No 337/79 (4), as last amended by Regulation (EEC)
  No3577 /81 ('), are respected ; whereas those
  provisions apply to imports under these quotas ;
  Whereas it is in particular necessary to ensure for all
. Community importers equal and uninterrupted access
  to the abovementioned quotas and uninterrupted
  application of the rates laid down for these quotas to
  all imports of the products concerned into all
  Member States until the quotas have been used up;
  whereas, having regard to the above principles, the
  Community nature of the quotas can be respected by
  allocating the Community tariff quota among the
  Member States ; whereas, in order to reflect as
  accurately as possible the true trend of the market in
  the products concerned, such allocation should be in
  proportion to the requirements of the Member States,
  calculated by reference to the statistics of each State's
  imports from Portugal over a representative reference
  period and also to the economic outlook for the
  quota period concerned;
  Whereas available Community statistics give no infor­
  mation on the situation of Madeira wines on the
  markets ; whereas, however, Portuguese statistics for
  exports of these products to the Community during
  the past three years can be considered to reflect
  approximately the situation of Community imports ;
  whereas, on this basis, the corresponding imports by
  each of the Member States for the past three years
  represent the following percentages of the imports
  into the Community from Portugal of the products
  concerned :
  (4) OJ No L 54, 5. 3. 1979, p. 1 .
  (») OjNoL 359 , 15.12.1981 , p. 1
 ---pagebreak---                                                                   - 3 -                               ANNEX B
                                             1979       1980     1981
Madeira wines :
– in containers helding two
  litres or less :                                                      this fact into aceount and avoid any break in
  Benelux                                    37-5       45-9     42.5   continuity, any Member State which has almost used
  Denmark                                    12-2        5-7      õ.U   up its initial share should draw an additional share
  Germany                                     6-2       10-0      7.2   from the corresponding reserve ; whereas this must be
  Greece                                      –           -
                                                                  2.2   done by each Member State as and when each of its
                                                                        additional shares is almost used up, and repeated as
  France                                      8-5         7-3     2.2   many times as the reserve allows ; whereas the initial
  Ireland                                      1-7        0-1      -    and additional shares must be valid until the end of
  Italy                                      17-7         9-2    32.3   the quota period ; whereas this method of
  United Kingdom                             16-2       21-3      7.6   administration requires close cooperation between
– in containers         holding                                         Member States and the Commission, and the latter
  more than two litres :                                                must be in a position to monitor the extent to which
  Benelux                                    13-4       11-2     13.6   the quota volumes have been used up and to inform
  Denmark                                      9-0       10-4     6.7   Member States thereof;
  Germany                                    17-0       23-2     13.3
  Greece                                         -          -      -
                                                                        Whereas if, at a given date in the quota period, a
   France                                    50-8       44-2     55.6   substantial quantity of an initial share remains unused
   Ireland                                     0 -1       –
                                                                   -
                                                                        in any Member State it is essential that that Member
   Italy                                       –          –        -
                                                                        State should return a significant proportion to the
   United Kingdom                              9-7       11-0
                                                                 10.8   reserve, to prevent a part of any Community quota
                                                                        from remaining unused in one Member State when it
                                                                        could be used in others ;
   Whereas, in view of these data and the estimates
   submitted by certain Member States, initial quota
   sh~ r's may be fixed approximately at the following                  Whereas, since the Kingdom of Belgium, the
   perctntages :                                                        Kingdom of the Netherlands and the Grand Duchy
                                                                        of Luxembourg are united within and jointly
                                  Madeira wines in containers           represented by the Benelux Economic Union, any
                                            holding :                   operation relating to the administration of shares
          Member States
                                 two litres           more than
                                                                        allocated to that economic union may be carried out
                                  or less             two litres        by any one of its members.
  Benelux                        41.9                   12.7
  Denmark                          7.3                    9.0
  Germany                          7.8                  17.5            HAS ADOPTED THIS REGULATION :
  J3reece                          1.0                    0.1
  rrance
                                   5.5                  50.1
  Ireland                          1.0                    0.1                                     Article 1
  Italy                         '21.0                     0.1
  United Kingdom                 14.0
                                                                         1.   From 1 July 1982 to 30 June 198->, Community
                                                        10.4
                                                                        tariff quotas shall be opened in the Community
                                                                               for products originating in Portugal within the
                                                                        limits set out below :
  Whereas, in order to take into account import trends                                                                    (hectolitres '
  for the products concerned in the various Member
  States, the quota volumes should be divided into two                           CCT
                                                                                                   Description
                                                                                                                       Quota
  instalments, the first being shared among the Member                        heading No                              amount
  States and the second constituting a reserve to cover
  at a later date the requirements of the Member States                 ex 22.05 C III a) 1 "  1f Madeira wines
                                                                                                                        4 CÇ0
  which have used up their initial quota shares ;                       ex 22.05 C IV a) 1     J
  whereas, in order to give importers in each Member
  State a certain degree of security, the first instalment              ex 22.05 C III b) 1    }f Madeira wines        14 5GC
  of the Community quotas should , under tne present                    ex 22.05 C IV b) 1     J
  circumstances, be fixed at 90 % of each of the quota
  volumes :
                                                                         2.   The Common Customs Tariff duties on wines
  Whereas the .Member States' initial shares may be                      imported within these tariff qucias shall t>e suspended
  used up at different times ; whereas, in order to take                at the rates set out belcw :
 ---pagebreak---                                                                   - 4 -                              ANNEX B
                                                         (ECVihl)      2. If, after one of its initial shares has been used
               CCT
                                                                       up, 90 % or more of the second share drawn by a
                                           Rate of duty                Member State has been used up, then, to the extent
            heading No
                                                                      "permitted by the amount of the reserve, that Member
 ex 22.05 C III ») I                           6-5                     State shall, in accordance with the condition* laid
 ex 22.05 C IV a) 1                            7-0                     down in paragraph 1 , draw a third share equal to
                                               66
                                                                       . 5 % of its initial share, rounded up where
 ex 22.05 C III b) 1
                                               7-2
                                                                       necessary to the next unit.
 ex 22.05 C IV b) 1
                                                                       3 . If, after one of its second shares has been used
    Within these tariff quotas, Greece shall apply                     up, 90 % or more of the third share drawn by a
    customs duties calculated in accordance with the                   Member State has been used up, that Member State
    relevant provisions of the 1979 Act of Accession                   shall, in. accordance with the conditions laid down in
    and of Regulation (EEC) No 2370/81 .                               paragraph 1 , draw a fourth share equal to the third.
                                                                       This process shall continue until the reserve is used
 3. The wines shall benefit from these tariff quotas                   up.
 only if Article 18 (3) and (4) of Regulation (EEC)
 No 337/79 is respected.                                               4.     By way of derogation from paragraphs 1 2 and
                                                                       3, a Member State may draw shares smaller than
                         Article 2
                                                                       those fixed in those paragraphs if there is reason to
                                                                       believe that they might not be used up. It shall inform
                                                                       the Commission of its reasons for applying this
 1.    The tariff quotas refered to in Article 1 shall be              paragraph.
 divided into two instalments.
2. A first instalment of each quota shall be shared
 among the Member States ; the respective shares,                                               Article 4
which subject to Article 5 shall be valid until 30 June
 198 3 shall be as follows :                                           Each of the additional shares drawn pursuant to
                                                      (hectolitres)    Article 3 shall be valid until 30 June 198 3 .
                            Madeira wines under subheadings :
       Member Sutes
                         ex 22.05 C III a) 1 ex 22.05 C III b) I
                                  and                and
                         ex 22.05 C IV a) 1 ex 22.05 C IV b) 1
                                                                                                Article 5
Benelux                      1 ,5 CO               1 670
Denmark                        ■ 2i*0              1 120               The Member States shall return to the reserve, not
Germany
                                 280              2 290                later than 1 April 1983, such unused portion of their
  Greece                           40 -                 10             initial share as, on 15 March 1983, is 'n excess of
France
                                 200              6 550                20 % of the initial volume. They may return a larger
Ireland                            40                   10
                                                                       quantity if there are grounds for believing that it
                                                                       might not be used.
Italy                            750                    10
                                 500              1 3Ó0
United Kingdom                                                         The Member States shall, not later than 1 April 1983,
                                                                       notify the Commission of the total quantities of the
               ' Total           3 590             13 080              products concerned imported up to 15 March 1983
                                                                       and charged against the Community quotas and of
                                                                       any quantities returned to the reserve.
3. The second instalment of each quota, 460 and
1 420 hectolitres respectively, shall constitute, the
reserve .
                                                                                                Article 6
                         Article 3
                                                                       The Commission shall keep an account of the shares
1.     If 90 % or more of one of a Member State's                      opened by the Member States pursuant to Articles 2
initial shares as specified in Article 2 (2), or of that               and 3 and shall, as soon as it is notified , inform each
share minus the portion returned to the reserve where                  State of the extent to which the reserves ! iave been
Article 5 is applied, has been used up, then, to the                   used up.
extent permitted by the amount of the reserve, that
Member State shall forthwith, by notifying the
Commission, draw a second share equal to -] j °/o of
its initial share, rounded up where necessary to the
next unit.
 ---pagebreak---                                                         - 5 -                             ANNEX    B
 It shall, not later than 5 April 19!% , inform the         imports of the products concerned originating in
Member States of the amount in each reserve after           Portugal and entered with customs authorities for
the return of quantities pursuant tc Article 5.             free circulation.
The Commission shall ensure that any drawing which
uses up any reserve is limited to the balance available                              Article 8
and, to this end , shall specify the amount thereof to
the Member State which makes the final drawing.
                                                            At the Commission's request Member States shall
                                                            inform it of imports of the products concerned
                        Article 7
                                                            actually charged against their shares.
1.    The Member States shall take all measures
necessary to ensure that additional shares drawn                                     Article 9
pursuant to Article 3 are opened in such a way that
imports may be changed without interruption, against        The    Member     States   and   the  Commission shall
their accumulated shares of the Community tariff            cooperate closely in order to ensure that this Regu­
quotas .                                                    lation is complied with.
2.    The Member States shall ensure that importers
of the products concerned established in their
territory have free access to the shares allocated to                                Article 10
them .
                                                            This Regulation shall enter into force on
3.    The extent to which a Member State has used
                                                              1 July 1932 .
up iu shares shall be determined on the basis of the
             This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels,
                                                                                   For the Council
                                                                                     The President
 ---pagebreak---                                                                                             ANNEX  C
                                                        Proposition for a
                                       COUNCIL REGULAT ION (EEC)
               opening, allocating and providing for the administration of Community tariff quotas for
               Setubal muscatel wines, falling within heading No ex 22.05 of the Common Customs
                                           Tariff and originating in Portugal ( 1982 / 85 )
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the
European Economic Community, and in particular
Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Article 9 of the Supplementary Protocol (')
to the Agreement between the European Economic
Community and the Portuguese Republic (J) ,
completed by Council Regulation ( EEC ) No 2370 / 81
laying down the arrangements applicable to trade
between Greece and Portugal ( 3 ), provides
 that 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
      Setubal muscatel wines falling within subheadings
      ex 22.05 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 2 000 hectolitres,
 – by 50 % in the case of the duties applicable to
      Setubal muscatel wines falling within subheadings
      ex 22.05 C III b) 1 and ex 22.05 C IV b) 1 of the
      Common Customs Tariff, up to a total annual
      tariff quota of 1 000 hectolitres ;
  Whereas Portugal has given an assurance that the
  price for wines originating in its territory will not be
  lower than the reference price less the customs duties
  actually charged ; whereas, as a result thereof, the
  wines covered by those tariff quotas should be treated
  (') OJ No L 348 , 31 . 12. 1979, p. 44 .
  (') OJ No L 301 , 31 . 12. 1972, p. 165.
  (>) OJ No L 236 , 21.8.1981 , p. 1
 ---pagebreak---                                - 2 -                      ANNEX C
 in the same manner as wines granted preferential
 tariff concessions, provided the free-at-frontier
 reference price is observed ; whereas such wines
 benefit from the tariff concessions only if the
 provisions of Article 18 of Council Regulation
 (EEC) No 337/79 (4), as last amended by (EEC)
 No 3577 / 81 (s), are respected ; whereas those
 provisions apply to imports under those quotas ;
Whereas it is in particular necessary to ensure for all
 Community importers equal and uninterrupted access
to the abovementioned quotas and uninterrupted
application of the rates laid down for these quotas to
all imports of the products concerned into all
Member States until the quotas have been used up ;
whereas, having regard to the a,bove principles, the
Community nature of the quotas can be respected by
allocating the Community tariff quota among the
Member States ; whereas, in order to reflect as
accurately as possible the true trend of the market in
the products concerned, such allocation should be in k
proportion to the requirements of the Member States,
calculated by reference to the statistics of each State's
imports from Portugal over a representative reference
period and also to the economic outlook for the
quota period concerned ;
Whereas available Community statistics give no infor­
mation on the situation of Setubal muscatel wines on
the markets ; whereas, however, Portuguese statistics
for exports of these products to the Community
during the past three years can be considered to
reflect approximately the situation of Community
imports ; whereas, on this basis, the corresponding
imports by each of the Member States for the past
three years represent the following percentages of the
imports into the Community from Portugal of the
products concerned :
(') OJ No L 54 , 5 . 3. 1979, p. 1 .
(s) OJ No L 359          15 . 12.1981 , p. 1
 ---pagebreak---                                                                  - 3 -                              ANNEX      C
                                               1979         19S3   1981
   Setúbal muscatel wines :
                                                                          continuity, any Member State which has almost used
  – in containers holding two
       litre» or leu :                                                    Up its initial quota shares should draw an additional
       Benelux                                  26           43      29  share from the corresponding reserve ! whereas this
       Denmark                                   6             4     11
                                                                          must be done by each Member State as and when
                                                                         each of its additional shares is almost used up, and
       Germany_                                20           –          -
                                                                         repeated as many times as the reserve allows ; whereas
      Greece                                      -       ■  -         -
                                                                         the initial and additional shares must be valid until
      France                                     8            8        - the end of the quota period ; whereas this method of
      Ireland                                  –            –          - administration requires close cooperation between
      Italy                                    –            –
                                                                       _
                                                                         Member States and the Commission, and the latter
      United Kingdom                           40           45
                                                                     60  must be in a position to monitor the extent to which
 – in containers holding                                                 the quota volumes have been used up and to infoiii.
      more than two litres :                                             the Member States thereof;
      Benelux                                  –            –
      Denmark                                  –            –
                                                                      |
      Germany                                  –
                                                                         Whereas if, at a given date in thr quota period, a
      Greece                                    -            -        -
                                                                         substantial quantity of, an initial share remains unused
                                                                         in any Member State St is essential that that Membe :
    . France
                                                                         State should return a significant proportion to the
                                               –            –
      Ireland
                                                                         reserve to prevent a part of any Community quota
                                               –            –         «
      Italy                                    –
                                                            -r
                                                                         from remaining unused in one Member State when it
      United Kingdom                           –
                                                                      «
                                                                         could be used in others ;
                                                             /
 Whereas, in view of these factors and the estimates
  submitted by certain Member States, initial quota                      Whereas, since the Kingdom of Belgium, the
  shares may be fixed approximately at the following                     Kingdom of the Netherlands pnd the Grand Duc 'iy
 percentages :
                                                                         of Luxembourg are united within and jointly
                                                                         represented by the Benelux Economic Union, any
                                Setubal muscatel wines in                operation relating to the administration of the qucu
                                   containers holding :                  shares allocated to that economic union may be
          Member States
                                                                         carried out by any one of its members,
                              two litres           more than
                               or less             two litres
  Bénélux                       33                   2C
  Denmark                         7                     5
                                  4                  20                  HAS ADOPTED THIS REGULATION :
                                  1                     1
                                  5                  20
  Ireiand
                                  1                     5
  Italy                           1                     9                                        Article Î
  United Kingdom                48                   20
                                                                         1.    From 1 July 1982 to 30 June 1983, Community
                                                                         tariff quotas shall be opened in the Community
 Whereas, in order to take into account import trends                           for products originating in Portugal and within
  for the products concerned in the various Member                       the limits set out below :
• States, each of the quota volumes should be divided                                                                     (hectolitres)
  into two instalments, the first being shared among the
  Member States and the second constituting a reserve                               CCT
                                                                                                      Description       Quota
  to cover at a later date requirements of Member                                heading No                            amount
  States which have used up their initial quota shares ;
  whereas, in order to give importers in each Member
  State a certain degree of security, the first instalment
                                                                         ex 22.05 C III a) 1
                                                                         ex 22.05 C IV a) 1
                                                                                                  Setubal muscatel
                                                                                                  wines            }    2 000
  of the Community quota should, under the present
  circumstances, be fixed at 50 % of each of the quota
                                                                         ex 22.05 C III b) 1
                                                                         ex 22.05 C IV b) I
                                                                                                  Setubai muscatel
                                                                                                  wines             }   1 000
  volumes ;
  Whereas the Member States' initial shares may be                       2.    The Common Customs Tariff duties on wines
  used up at different times ; whereas, in order to take                 imported within these tariff quotas shall be suspended
  this fact into account and avoid any break in                          at the rates set out below :
 ---pagebreak---                                                           - 4 -                           ANNEX     C
                                                         (ECU/hl)
               CCT
            heading No                     Rate of duty             2.     If, after one of its initial shares has been used
                                                                    up, 90 % or more of the second share drawn by a
 ex 22.05 C III å) i                           6-5                  Member State has been used ups then, to the extent
 ex 22.05 C IV a) 1                            7-0                  permitted by the amount of the reserve, that Member
 ex 22.05 C III b) 1                           6-6                  State shall, in accordance with the conditions laid
 ex 22.05 C IV b) 1                            7-2-
                                                                    down in paragraph 1 , draw a third share equal to
                                                                       5 % of its initial share, rounded up where
                                                                    necessary to the next unit.
    Within these tariff quotas, Greece shall apply
  customs duties calculated in accordance with the                  3.     If, after one of its second shares has been used-
   relevant provisions of the 1979 Act of Accession                 up, 90 % or more of the third share drawn by a
  and of Regulation (EEC) No 2370/81 .                              Member State has been used up, that Member State
                                                                    shall, in accordance with the conditions laid down in
3. The wines shall benefit from these tariff quotas                 paragraph 1 , draw a fourth share equal to the third.
only if Article 18 (3) and (4) of Regulation (EEC)
No 337/79 is respected.                                             This process shall continue until the reserve is used
                                                                    up .
                         Article 2
                                                                    4. By way of derogation from paragraphs 1 , 2 and
1.     The tariff quotas referred to in Article 1 shall be          3 , a Member State may draw shares smaller than
divided into two instalments.                                       those fixed in those paragraphs if there is reason to
                                                                    believe that these might not be used up. It shall
                                                                    inform the Commission of its reasons for applying
2 . A first instalment of each quota shall be                       this paragraph.
allocated among the Member States ; the respective
shares, which subject to Article 5 shall be valid until
30 June 1983. shall be as follows :
                                                      (hectolitres)                          Article 4
                              Setúbal muscatel wines under
                                      subheadings :
                                                                    Additional shares drawn pursuant to Article 3 shall be
        Membcr States
                         ex 22.05 C III a) I ex 22.05 C III b) 1    valid until 30 June 198 3 •
                                 and                 and
                         ex 22.05 C IV a) 1 ex 22.05 C IV b) 1
Benelux                          330                  100 ·
                                   70                   25                                   Article 5
Denmark
                                   40                 100
Germany                                                             The Member States shall return to the reserve, not
  Greece                           10                     5
France
                                   50                 100           later than 1 April 1983 , such unused portion of their
Ireland                                                             initial share as, on 15 March 1983, is in excess of
                                   10                   25
                                                                    20 % of the initial volume. They may return a larger
Italy                              10                   45      .   quantity if there are grounds for believing that it may
United Kingdom                 ' 470                  100           not be used.
                   Total        990                   500           The Member States shall, not later than 1 April 1983,
                                                                    notify the Commission of the total quantities of the
                                                                    products in question imported up to 15 March 1983
3.     The second instalment of each quota^O^O and                  and charged against the Community quotas and of
50Q hectolitres respectively, shall constitute the                  any quantities of the initial shares returned to each
                                                                    reserve .
reserve .
                         Article 3
                                                                                             Article 6
1.     If 90 % or more of the Member State's initial
share as specified in Article 2 (2), or of that share               The Commission shall keep an account of the shares
minus the portion returned to the reserve where                     opened by the Member States pursuant to Articles 2
Article 5 is applied, has been used up, then, to the                and 3 and shall, as soon as it is notified, inform each
extent permitted by the amount of . the reserve, that               Member State of the. extent to which the reserve has
Member State shall forthwith, by notifying the                      been used up.
Commission, draw a second share equal to                  % of
its initial share, rounded up where necessary to the
next unit.
 ---pagebreak---                                                         - 5 -                              ANNEX     C
                                                                                            !
 It shall inform the Member States, not later than            imports of the products in question originating in
 5 April 1983         'he           of each reserve after     Portugal and entered with the customs authorities for
 quaniitie« have been returned pursuant to Article 5.         free circulation.
The Commission shall ensure that any drawing which
uses up the .reserve is limited to the balance available                             Article 8
and to this end shall indicate the amount thereof to
the Member State which makes such last drawing.               At the request of the Commission the Member States
                                                              shall inform it of imports of the products concerned
                                                              actually charged against their shares.
                          Article 7
                                                                                     Article 9
1.    The Member States shall take all measures
necessary to ensure that additional shares drawn
pursuant to Article 3 are opened in such a way that           The    Member States     and the     Commission shall
imports may be charged without interruption against           cooperate closely in order to ensure rhat this Regu­
their accumulated shares of the Community quotas.             lation is complied with.
2. The Member States shall ensure that importers                                    Article 10
of the products in question established in their
territory have free access to the shares allocated to        This Regulation shall enter into force on *
them.
                                                             1 July 1982
3.    The extent to which a Member State has used
up its shares shall be determined on the basis of
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels,
                                                                                   For the Council
                                                                                     The President