CELEX: 31973R1679
Language: en
Date: 1973-06-18 00:00:00
Title: Regulation (EEC) No 1679/73 of the Council of 18 June 1973 opening, allocating and providing for the administration of Community tariff quotas for port wines falling within subheading ex 22.05 of the Common Customs Tariff, originating in Portugal

27. 6 . 73                                Official Journal of the European Communities                         No L 170/ 1
                                                                  I
                                              (Acts whose publication is obligatory)
                                 REGULATION (EEC) No 1679/73 OF THE COUNCIL
                                                          of 18 June 1973
               opening, allocating and providing for the administration of Community tariff quotas
               for port wines falling within subheading ex 22.05 of the Common Customs Tariff,
                                                      originating in Portugal
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            July to 31 December 1973 and the reduction in
                                                                     dutes is limited to 20 % ; whereas this reduction
                                                                     applies, in the case of the Community as originally
Having regard to the Treaty establishing the Euro­                   constituted, to the Common Customs Tariff duties
pean Economic Community, and in particular Arti­                     and, in the case of the new Member States, to such
cles 43 and 113 threof ;                                             duties as these States apply at any given moment to
                                                                     imports from third countries ; whereas these wines
Having regard to the proposal from the Commis­                       will remain subject to the provisions governing the
sion ;                                                               common organization of the market in wine ;
Having regard to the Opinion of the European Par­
liament ;                                                            Whereas it is in particular necessary to ensure to all
                                                                     Community importers equal and uninterrupted
                                                                     access to the abovementioned quotas and uninter­
Whereas Article 4 of Protocol No 8 to the Agree­                     rupted application of the rates laid down for these
ment between the European Economic Community                         quotas to all imports of the products concerned into
and the Portuguese Republic (*) provides that                        all Member States until the quotas have been used
customs duties on imports into the Community of                      up ; whereas, having regard to the principles
certain wines originating in Portugal, shall be re­                  mentioned above, the Community nature of the
duced :
                                                                     quotas can be respected by allocating the Commu­
                                                                     nity tariff quota among the Member States ;
— by 60 % in the case of the duties applicable to                    whereas, in order to reflect most accurately the
     port wines falling within subheadings Nos ex                    actual development of the market in the products
     22.05 C III a) 1 and ex 22.05 C IV a) 1 of the                  concerned, such allocation should be in proportion
     Common Customs Tariff, up to a total annual                     to the needs of the Member States, assessed by refer­
     tariff quota of 20 000 hi ; and                                 ence both to the statistics of each State's imports
                                                                     from Portugal over a representative period and to
— by 50 °/o in the case of the duties applicable to                  the economic outlook for the quota period con­
     port wines falling within subheadings Nos ex                    cerned ;
     22.05 C III a) 2 aa) and ex 22.05 C IV a) 2 aa )
     of the Common Customs Tariff up to a total
     annual tariff quota of 285 000 hi ;
                                                                     Whereas available Community statistics give no
                                                                     information on the situation of port wines on the
Whereas, however, under Article 6 of Protocol No 8                   markets ; whereas, however, Portuguese statistics
and Article 59 of the Act concerning the Conditions                  for exports of these products to the Community
of Accession and the Adjustments to the Trea­                         during the past few years can be considered to
ties (2), the first quota period is to run only from 1               reflect approximately the situation of Community
                                                                     imports ; whereas on this basis the corresponding
H OJ No L 301 , 31 . 12 . 1972 , p . 165 .                           imports by each of the Member States represent the
(2 ) OJ No L 73 , 27 . 3 . 1972, p . 14 .                            following percentages of the imports into the
 ---pagebreak---  No L 170/2                        Official Journal of the European Communities                                  27. 6 . 73
 Community from Portugal of the products con­
 cerned :                                                                                      Port wines in receptacles
                                                                                                       containing
                                                                                              Two litres       More than
                                                                                               or less          two litres
                                                in hectolitres
                                     19 69    1970     1971
                                                                Germany                         18 -6              9-6
                                                                Benelux                         11-6              16-2
                                                                France                          3'6-5             48-0
 Port Wines :                                                                                   27-4               0-1
                                                                Italy
 — in receptacles containing two                                Ireland                           0-2              1-8
     litres or less
                                                                United Kingdom                    5-7             24-3
    — Germany                       19-6     19-4      16-3
    — Benelux                         9-9    10-2      12-8
    — France                        39-8     35-1      33-8
    — Italy                         23-6     27-4      27-5     Whereas, in order to take into account import
    — Denmark                         3-1      2-4      2-2     trends for the products concerned in the different
    — Ireland                         0-0
                                                               Member States, each of the quota amounts should
                                               0-3      0-2
                                                               be divided into two instalments, the first instalment
    — United Kingdom                  3-6      4-9      7-2
                                                               being allocated among the Member States and the
— in receptacles containing more                               second forming a reserve intended ultimately to
    than two litres                                            cover the requirements of the Member States which
    — Germany                         8-4      9-2      9-4    have used up their initial quota shares ; whereas, in
    — Benelux                       15-8     14-8
                                                               order to ensure a certain degree of security to impor­
                                                       15-3
                                                               ters in each Member State, the first instalment of
    — France                        45-9     45-2     44-8
                                                               the Community quotas should be determined at a
    — Italy                           0-0      0-0      0-0    level which, under present circumstances, may be
    — Denmark                         5-7      6-2      5-5    90 % of each of the quota amounts ;
    — Ireland                         1-9      1-7      1-6
    — United Kingdom               22-3    . 22-9     23-4
                                                               Whereas the initial quota shares of the Member
                                                               States may be used up at different times ; whereeas,
                                                               in order to take this fact into account and avoid
                                                               any break in continuity, any Member State having
                                                               used up almost the whole of any one of its initial
                                                               quota shares should draw an additional quota share
Whereas imports from Portugal of wines of the cate­            from the corresponding reserve ; whereas this must
gories specified at present enjoy exemption from               be done by each Member State when each of its
customs duties in Denmark ; whereas the applica­               additional quota shares is almost entirely used up,
tion of Article 6 of the abovementioned Protocol               and repeated as many times as the reserve allows ;
No 8 involves a zero duty ; whereas, therefore,                whereas the initial and additional quota shares must
there is no reason in this case to make provision for          be available for use until the end of the quota
the participation by Denmark in the allocation of              period ; whereas this method of administration calls
the Community tariff quotas in question ; whereas              for close cooperation between Member States and
it is nevertheless necessary to make provision for             the Commission , which must, in particular, be able
the possibility of Denmark, in the course of the               to observe the extent to which the quota amounts
quota period, effecting an accelerated alignment               are used and inform Member States thereof ;
with the Common Customs Tariff under Article 59
(4) of the Act of Accession ; whereas the possibility
for this Member State to draw a share from the                 Whereas if, at a specified date in the quota period,
reserve if necessary enables this possible develop­            a considerable balance remains in one or other
ment to be taken into account ;                                Member State it is essential that that Member State
                                                               pays a large amount of it back into the reserve, in
                                                               order to avoid a part of one or other of the
                                                               Community quotas 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                       Whereas,    since  the  Kingdom      of Belgium ,         the
following percentages :                                        Kingdom of the Netherlands and the Grand Duchy
 ---pagebreak---  27. 6. 73                           Official Journal of the European Communities                                     No L 170/3
of Luxembourg are united in and represented by the              5 , shall be valid until 31 December 1973 shall
Benelux       Economic      Union,        all     transactions  consist of the following amounts :
concerning the administration of shares granted to
the abovementioned Economic Union may be                                                                               in hectolitres
carried out by any of its members ;                                                          Port wines under subheadings
                                                                                     ex 22.05 C III a) 1     ex 22.05 C III a) 2 aa)
                                                                                            and                       and
                                                                                     ex 22.05 C IV a) 1      ex 22.05 C IV a) 2 aa)
HAS ADOPTED THIS REGULATION :
                                                                 Germany                   3 350                     24 580
                                                                Benelux                    2 090                     41 470
                          Article 1
                                                                France                     6 570                   122 880
                                                                Italy                      4 930                        250
1 . For the period from 1 July 1973 to 31
                                                                 Ireland                       40                     4 610
December 1973 , Community tariff quotas shall be
opened within the European Economic Community                    United
for products originating in Portugal, and within the             Kingdom                   1020                      62 210
limits listed below :
                                                                          Total          18 000                    256 000
       CCT heading No            Description       Quota volume
                                                                3 . The second instalment of each quota, 2 000
 ex 22.05 C III a) 1
 ex 22.05 C IV a) 1            j Port wines          20 000 hi  hectolitres and 29 000 hectolitres respectively, shall
                                                                constitute the reserve.
ex 22.05 C III a) 2 aa)
 ex 22.05 C IV a) 2 aa)        j Port wines         285 000 hi
                                                                4. If Denmark effects an accelerated alignment
                                                                with the Common Customs Tariff as regards wines
                                                                of the categories specified in Article 1 , it may, if
2.    The Common Customs Tariff duties on wines                 necessary, draw an appropriate share from the
                                                                reserve, to the extent that the amounts still available
imported within these tariff quotas                  shall   be in this reserve so allow . Denmark shall take the
suspended at the rates listed below :
                                                                 necessary steps to inform importers of this possi­
                                                                bility.
       CCT heading No                      Rate of duty
                                                                                           Article 3
 ex 22.05 C III a) 1                       10-8 u.a./hl
 ex 22.05 C IV a) 1                       11-6 u.a./hl          1.     If 90 %> or more of one of the initial shares of
 ex 22.05 C III a) 2 aa )                   8-8 u.a. /hl        a Member State, as laid down in Article 2 (2) or
 ex 22.05 C IV a) 2 aa)                     9 -6 u.a./hl        90 °/o or more of that share less the amount returned
                                                                into the reserve, where the provisons of Article 5
                                                                have been ' applied, has been exhausted, that
                                                                Member State shall proceed without delay, by notify­
3.    The customs duties to be applied to these                 ing the Commission,           to    draw     a   second share
wines by Ireland and the United Kingdom shall be                equal to 15 % of its initial share, rounded up to the
such duties as those States apply at any given                  next unit where appropriate, to the extent that the
moment to imports from third countries, less 20 %>.             amount in the reserve allows .
4.    These tariff quotas shall be allocated and                2.     If, after one or other of its initial shares have
administered as provided hereunder.                             been exhausted, 90 °/o or more of the second share
                                                                drawn by a Member State has been used, that
                                                                Member State shall proceed in the manner specified
                          Article 2                             in paragraph 1 to draw a third share equal to 7-5 °/o
                                                                of its initial share, rounded up to the next unit
1.    The tariff quotas laid down in Article 1 shall            where appropriate, to the extent that the amount in
be divided into two instalments .                               the reserve allows .
2.    The first instalment shall be shared among the            3.     If, after one of its second shares has been
Member States ; the shares which, subject to Article            exhausted, 90 °/o or more of the third share drawn
 ---pagebreak---  No L 170/4                         Official Journal of the European Communities                              27. 6 . 73
by a Member State has been used, that Member                  reserve after the return of shares pursuant to
State shall proceed in the manner specified in para­          Article 5 .
graph 1 , to draw a fourth share equal to the third.
                                                              The Commission shall ensure that any drawing
This process shall be applied until the reserve is            which uses up any reserve is limited to the balance
exhausted .                                                   available and, for this purpose, shall specify the
                                                              amount thereof to the Member State which makes
4.     Notwithstanding paragraphs 1 , 2 and 3 , the           the final drawing.
Member States may proceed to draw shares smaller
than those fixed in those paragraphs if there is any                                   Article 7
reason to believe that those shares might not be used
up. They shall inform the Commission of the                   1.     The Member States shall take all appropriate
reasons which led them to apply this paragraph.               measures to ensure that, when additional shares are
                                                              drawn pursuant to Article 3 , it is possible for
                         Article 4                            charges to be made, without interruption, against
Each of the additional shares drawn pursuant to               their accumulated shares of the Community tariff
Article 3 shall be valid until 31 December 1973 .             quotas .
                         Article 5
                                                              2.     The Member States shall guarantee to impor­
                                                              ters of the products concerned established in their
If, by 15 November 1973 , a Member State has not              territory free access to the shares allocated to them .
used up its initial shares, it shall, not later than 30
                                                              3.     The extent to which the Member States ' shares
November 1973 , return to the reserve the unused
portion of those shares in excess of 20 °/o of the            have been used up shall be recorded on the basis of
initial amount. It may return a larger quantity if            the imports originating in Portugal and presented
                                                              for customs clearance under cover of declarations
there are reasons to consider that such quantity
might not be used.                                            that they have been made available for consump­
                                                              tion .
The Member States shall, not later than 30
November 1973 , notify the Commission of the                                           Article 8
 total imports of the products concerned effected up
to 15 November 1973 inclusive, and charged against            Member States shall        inform the    Commission     at
the Community quotas and, where appropriate, the              regular intervals of imports of the products
proportion of their initial shares that is being              concerned actually charged against their shares.
returned to each reserve .
                                                                                       Article 9
                          Article 6
                                                              The Member States and the Commission shall co­
The Commission shall keep account of the shares               operate closely in order to ensure that the provisions
opened by Member States in accordance with Arti­              of this Regulation are observed.
cles 2 and 3 and shall inform each of them of the
extent to which the reserves have been used as soon
as it receives the notifications .                                                     Article 1 0
The Commission shall, not later than 5 December               This Regulation shall enter into force on 1 July
1973, notify Member States of the amount in each              1973 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Luxembourg, 18 June 1973 .
                                                                          For the Council
                                                                            The President
                                                                             A. LAVENS