CELEX: 31987R1863
Language: en
Date: 1987-06-25 00:00:00
Title: Council Regulation (EEC) No 1863/87 of 25 June 1987 opening, allocating and providing for the administration of Community tariff quotas for sherry falling within subheading ex 22.05 C of the Common Customs Tariff and originating in Spain (1987 to 1988)

1 . 7 . 87                                   Official Journal of the European Communities                                  No L 176 / 5
                                            COUNCIL REGULATION (EEC ) No 1863 / 87
                                                             of 25 June 1987
                   opening, allocating and providing for the administration of Community tariff quotas for
                   sherry falling within subheading ex 22.05 C of the Common Customs Tariff and
                                                   originating in Spain ( 1987 to 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                Portugal of the products in question , originating in Spain ;
                                                                         whereas , consequently , the Community tariff quotas are
                                                                          applicable only in the Community as constituted on
Having regard to the Act of Accession of Spain and                       31 December 1985 ;
Portugal , and in particular Articles 30 , 33 , second
subparagraph , and 75 thereof,
                                                                         Whereas it is in particular necessary to ensure for all
Having regard to the proposal from the Commission ,                      Community importers equal and uninterrupted access to
                                                                         the abovementioned quotas and uninterrupted application
Whereas, pursuant to Articles 30 and 75 of the Act of                    of the rates laid down for these quotas to all imports of the
Accession , the duties applicable on the import into the                 product concerned into all Member States until the quotas
Community as constituted on 31 December 1985 of sherry                   have been used up ; whereas , having regard to the above
falling within subheading ex 22.05 C of the Common                       principles , the Community nature of the quotas can be
Customs Tariff and originating in Spain , within the limits              respected by allocating the Community tariff quotas among
of Community tariff quotas of 108 120 hectolitres in                     the Member States; whereas , in order to reflect as
containers holding two litres or less and of 685 000                      accurately as possible the actual trend of the market in the
hectolitres in containers holding more than two litres , shall           product concerned , such allocation should be in proportion
be progressively abolished ; whereas these duties are                    to the requirements of the Member States , calculated by
reduced to 75 % of the basic duties on 1 January 1987 and                reference to the statistics for imports of the said product
to 62,5 % of the basic duties on 1 January 1988 ; whereas ,              from Spain over a representative reference period and also
by way of derogation from Article 30 of the Act of                       to the economic outlook for the quota period concerned ;
Accession , Council Regulation (EEC ) No 443 / 86 ( J )
provides that the basic duties are those which were actually
applied on 1 January 1986 ; whereas , in compliance with
the second subparagraph of Article 33 , a partial suspension              Whereas , during the last three years for which statistics are
                                                                          available , the corresponding imports into each of the
of the duties applicable to sherry in containers holding two
litres or less within the limits of a supplementary quantity              Member States represent the following percentages of the
of 250 000 hectolitres is indicated ; whereas , to maintain               imports into the Community from Spain of the product
                                                                         concerned :
the global level of these two quotas, the volume envisaged
for sherry in containers holding more than two litres must
be reduced by the same quantity ; whereas , therefore, to
establish the duties applicable on the import of these wines ,
Community tariff quotas should be opened for the period                                                     1984      1985       1986
1 July 1987 to 30 June 1988 for:
                                                                          Sherry :
— 358 120 hectolitres for sherry , originating in Spain ,                 — in containers holding two    IIIl
      falling within subheadings ex 22.05 C III a) 1 and                     litres or less :            IIIl
      ex 22.05 C IV a) 1 of the Common Customs Tariff and                    Benelux                       40,93     40,80      35,79
                                                                             Denmark                         1,95      1,71       2,00
— 435 000 hectolitres for sherry, originating in Spain ,                     Germany                       27,58     26,63      35,67
                                                                             Greece                          0,02      0,01       0,03
      falling within subheadings ex 22.05 C III b ) 1 and                    France                          0,31      0,23       0,22
      ex 22.05 C IV b) 1 of the Common Customs Tariff                        Ireland                         1,24      1,11       0,75
                                                                             Italy                          0,26       0,33       0,22
at duties as shown in the list in Article 1 ;                                United Kingdom                27,71     29,18      25,32
                                                                          — in containers holding more   I
Whereas Council Regulation ( EEC ) No 3792 / 85 of 20                        than two litres :
December 1985 laying down the arrangements applying to                       Benelux                       41,96     41,27      36,33
                                                                             Denmark                        2,39       2,45       2,43
trade in agricultural products between Spain and
Portugal ( 2 ) provides for particular rules for the import into             Germany                        2,18       2,05       2,35
                                                                             Greece                          —         —          —
                                                                             France                         0,03       0,01       0,01
                                                                             Ireland                        0,66       0,87       0,76
                                                                             Italy                           —         —          —
(») OJ No L 50 , 28 . 2 . 1986 , p. 9 .                                      United Kingdom                52,78     53,35      58,12
( 2 ) OJ No L 367 , 31 . 12 . 1985 , p. 7 .
 ---pagebreak--- No L 176 / 6                              Official Journal of the European Communities                                                     1 . 7 . 87
Whereas , in view of these factors and of the estimates                      quota volumes have been used up and inform the Member
submitted by certain Member States, initial quota shares                     States thereof;
may be fixed approximately at the following percentages :
                                                                             Whereas if, at a given date in the quota period , a
                                          Sherry in container                considerable quantity is left over in one or other Member
                                                 holding                     State , it is essential that that Member State should return a
           Member States
                                      two litres        more than            significant proportion to the reserve to prevent a part of the
                                       or less          two litres           Community quotas from remaining unused in one Member
                                                                             State when it could be used in others ;
Benelux                                39,21             39,85
Denmark                                  1,89             2,42
Germany                                30,30              1,92
Greece                                   0,01             0,01
                                                                             Whereas it is possible that, during the period of
France                                   0,16             0,02               applicability of the said quota , the nomenclature used by
Ireland                                  1,03             0,76               the Common Customs Tariff will be replaced by the
Italy                                    0,27             0,01               combined        nomenclature       based     on  the   International
United Kingdom                         27,13             55,01               Convention on the Harmonized Commodity Description
                                                                             and Coding System ; whereas this Regulation must take
                                                                             account of that possibility by using the codes of the
                                                                             combined nomenclature within which the said products
Whereas , in order to take into account import trends for                    fall ;
the products concerned in the various Member States , each
of the quota volumes should be divided into two
instalments the first being shared among the Member States                   Whereas , since the Kingdom of Belgium, the Kingdom of
and the second constituting a reserve to cover at a later                    the Netherlands and the Grand Duchy of Luxembourg are
date the requirements of Member States which have used                       united within and jointly represented by the Benelux
up their initial quota shares ; whereas , in order to give                   Economic Union , any operation relating to the
importers in each Member State a certain degree of                           administration of the quota shares allocated to that
security, the first instalment of the Community quotas                       economic union may be carried out by any one of its
should , under the present circumstances , be fixed at about                 members ,
90 % and 95 % of the quota volumes ;
Whereas the Member States' initial shares may be used up
at different times; whereas , in order to take this fact into                HAS ADOPTED THIS REGULATION :
account and avoid any break in continuity , any Member
State which has almost used up one of its initial shares
must draw an additional share from the corresponding
reserve; whereas this must be done by each Member State                                                     Article 1
as and when each of its additional shares is almost entirely
used up , and repeated as many times as the reserve allows ;                 From 1 July 1987 to 30 June 1988 the Common Customs
whereas the initial and additional shares must be valid until                Tariff duties in respect of the sherries mentioned below and
the end of the quota period ; whereas this method of                         originating in Spain shall , in the Community as constituted
administration requires close cooperation between the                        on 31 December 1985 , be partially suspended at the levels
Member States and the Commission , and the Commission                        and within the limits of the Community tariff quotas
must be in a position to monitor the extent to which the                     indicated for each of them (*):
                     CCT                  Combined                                                  Rate ( ECU / hl )
   Order
                                        nomenclature
                                                                                                                                   Quota volume
                    heading                                        Description             from 1 July         form 1 January
     No
                      No                     code
                                                                                                                                    ( hectolitres)
                                                                                      to 31 December 1987     to 30 June 1988
  09.0306
           r ex 22.05 C III a ) 1
           I ex 22.05 C IV a) 1
                                    r ex 2204.21-41
                                    I ex 2204.21-51
                                                                    Sherry
                                                                    Sherry
                                                                                               4,8
                                                                                               5,2
                                                                                                                      4,0
                                                                                                                      4,3         ] 358 120
           f ex 22.05 C III b ) 1  f ex 2204.29-41                  Sherry
  09.0308
           I ex 22.05 C IV b) 1    I ex 2204.29-51                  Sherry
                                                                                               4,9
                                                                                               5,4
                                                                                                                      4,1
                                                                                                                      4,5         ] 435 000
                                                                             (*) The numbers appearing in the column 'Combined
                                                                                  nomenclature code' will replace those appearing in the column
                                                                                  'CCT heading No' as from the date of entry into force of the
                                                                                  International Convention on the Harmonized Commodity
                                                                                  Description and Coding System .
 ---pagebreak--- 1 . 7 . 87                                    Official Journal of the European Communities                                 No L 176 / 7
                            Article 2                                     might not be used up . It shall inform the Commission of its
                                                                          reasons for applying this paragraph.
1 . Each of the tariff quotas referred to in Article 1 shall be
divided into two instalments .
                                                                                                     Article 4
2 . A first instalment of each quota shall be shared among
the Member States; the respective shares, which , subject to              Each of the additional shares drawn pursuant to Article 3
Article 5 , shall be valid until 30 June 1988 , shall be as               shall be valid until 30 June 1988 .
follows :
                                                            (hectolitres)
                                  Sherry falling within subheading                                   Article 5
          Member States       ex 22.05 C III a ) 1 ex 22.05 C 111 b) 1
                                      and                  and            Member States shall return to the reserve, not later than
                              ex 22.05 C IV a) 1 ex 22.05 C IV b) 1       1 April 1988 the unused portion of their initial shares
                                                                          which , on 15 March 1988 is in excess of 20 % of the initial
Benelux                            126 240               147 340          volume. They may return a larger quantity if there are
Denmark                               6 090                8 950          grounds for believing that this quantity may not be used .
Germany                             97 560                 7 100
Greece                                    10                   40
France                                  710                    70
Ireland                               3 320                2 810
                                                                          Member States shall , not later than 1 April 1988 , notify the
Italy                                   870                    40         Commission of the total quantities of the products in
 United Kingdom                     87 340               203 400          question imported up to 15 March 1988 inclusive and
                                                                          charged against the Community quota , and of any
                                                                          quantities of the initial shares returned to the reserve.
                      Total        321 940               369 750
3 . The second instalment of each quota , namely 36 180                                              Article 6
and 65 250 hectolitres respectively, shall constitute the
corresponding reserve.                                                    The Commission shall keep an account of the shares
                                                                          opened by the Member States pursuant to Articles 2 and 3
                                                                          and shall as soon as it has been notified, inform each State
                                                                          of the extent to which the reserve has been used up .
                            Article 3
 1.   If 90 % or more of one of a Member State's initial
                                                                          It shall inform the Member States, not later than 5 April
 shares as specified in Article 2 ( 2), or of that same share              1988 of the amount in the reserve after quantities have
reduced by the portion returned to the corresponding                      been returned pursuant to Article 5 .
reserve if Article 5 has been applied , has been used up , that
Member State shall without delay by notifying the
 Commission draw a second share equal to 10 % of its                      The Commission shall ensure that the drawing which uses
 initial share , rounded up where necessary to the next unit,             up one of the reserves is limited to the balance available
to the extent permitted by the amount of the reserve.                     and to this end shall specify the amount thereof to the
                                                                          Member State which makes the last drawing.
2 . If, after one or other of its initial shares has been used
up , 90 % or more of the second share drawn by a Member
State has been used up , that Member State shall , in                                                Article 7
accordance with the conditions laid down in paragraph 1 ,
draw a third share equal to 5 % of its initial share , rounded
up to the next unit.                                                       1 . The Member State shall take all measures necessary to
                                                                          ensure that additional shares drawn pursuant to Article 2
                                                                          are opened in such a way that imports may be charged
3 . If, after one or other of its second shares has been used             without interruption against their accumulated shares of
up , 90 % or more of the third share drawn by Member                      the Community quota .
State has been used up , that Member State shall , in
accordance with the same conditions , draw a fourth share
equal to the third .                                                      2 . The Member States shall ensure that importers of the
                                                                          said product have free access to the shares allocated to
                                                                          them .
The process shall continue until the reserve is used up.
4 . By way of derogation from paragraphs 1 , 2 and 3 , a                  3 . The extent to which Member States have used up their
Member State may draw shares smaller than those fixed in                  shares shall be determined on the basis of the imports of
those paragraphs, if there is reason to believe that they                 the product in question entered for free circulation .
 ---pagebreak--- No L 176 / 8                           Official Journal of the European Communities                                 1,7 . 87
                          Article 8                                                       Article 10
At the request of the Commission, Member States shall             The Council will adopt, in good time , the adjustments to
inform it of imports actually charged against their shares .      the   International  Convention     on   the   Harmonized
                                                                  Commodity Description and Coding system , which are
                                                                  necessary both for the coding and for the description of
                                                                  goods.
                          Article 9
The Member States and the Commission shall cooperate                                      Article 11
closely in order to ensure that this Regulation is complied
with .                                                            This Regulation shall enter into force on 1 July 1987 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Luxembourg, 25 June 1987 .
                                                                                            For the Council
                                                                                              The President
                                                                                              H. DE CROO