CELEX: 51980PC0064
Language: en
Date: 1980-02-21
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) OPENING, ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR WINES OF FRESH GRAPES, FALLING WITHIN SUBHEADING EX 22.05 OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN CYPRUS (1980)#PROPOSAL FOR A COUNCIL REGULATION (EEC) OPENING, ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR LIQUEUR WINES, FALLING WITHIN SUBHEADING EX 22.05 C OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN CYPRUS (1980) (presented by the Commission to the Council)

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DOCUMENTS "COM"
COM (80) 64
Vol. 1980/0023
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(80)64 final
                                             Brussels - 21st February 1980
                                      ^            ^ VA
                                       *        r/    c     - !
                    PROPOSAL FOR A COUNCIL REGULATION (EEC)
                                            <v>
           OPENING, ALLOCATING AND PROVIDING FOR THE ADMINISTRATION
                                          v                /
            OF A COMMUNITY TARIFF QUOTA FOR WINES OF FRESH GRAPES ,
                 FALLING WITHIN SUBHEADING^ EX 22.05 ^ OF THE
            COMMON CUSTOMS TARIFF AND ORIGINATING IN CYPRUS     ( 1980 )
                    PROPOSAL FOR A COUNCIL REGULATION ( EEC )
           OPENING, ALLOCATING AND PROVIDING FOR THE ADMINISTRATION
       OF A COMMUNITY TARIFF QUOTA FOR LIQUEUR WINES , FALLING WITHIN
             SUBHEADING EX 22.05 C OF THE COMMON CUSTOMS TARIFF
                        AND ORIGINATING IN CYPRUS ( 1980 )
                  ( presented by the Commission to the Council )
COM ( 80 ) 64 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM
   1 . Articles 5 and 6 of the supplemantary Protocol , annexed to the
        Agreement EEC / Cyprus of 1973 ( 1 ), provide for the opening of
        annual Community tariff quotas for the wines listed below
      1 originating in Cyprus :
                                               s
        a ) wine of fresh grapes , other than liquor wines , subheading
            ex 22.05 C of the CCT , 10 000 hi at duty rates of 3,6 ECU / hl
            and 4,2 ECU / hl
        b ) liquor wines , subheading ex 22.05 C of the CCT , 250 000 hi
            at duty rates of 4,0 ECU / hl , 5,0 ECU / hl , 6,1 ECU / hl and
                                 '               «
            6,9 ECU / hl .
        These wines remain subject to the provisions governing the common
        organisation of the market in wines products , especially as
        regards observance of the reference price .
        The Community has however , already opened Community tariff
        quotas for these wines , for the period 1 January to 31 March
        1980 , of 2 500      hectolitres and 62 500 hectolitres respectively .
        Therefore the quotas to be opened for the rest of the year 1980
        must amount to 7 500 hectolitres and 187 500 hectolitres respec­
        tively .
        Consequently , the Community tariff quotas shown above should be
        opened for the period from 1 April to 31 December 1980 .
   2 . These Regulations provide for the splitting up of the tariff
        volumes into two parts , of which the first will be allocated
        among the Member States as quota share and the second will
        be kept as a reserve .
                                                                          π · ■ / ■ ■ ·
( 1 ) extended by the Transitional Protocol to 31.12.1980 .
 ---pagebreak---                                - 2 -
    In the absence of Community statistics , for a period sufficiently
    representative , the initial quota shares have been calculated on
    the basis of the possible demand on the markets of the various
    Member States and on the basis of forecasts made by some of them .
3 . Because of the inherent particularities in the trade in wines which ,
    additionally , are different from one Member State to another , the
    provisions of the Regulation for wines , ex cept i onna I ly , do not lay
    down a common method of administration to be applied by all Member
    States .
4 . This is the subject of the two annexed proposals .
 ---pagebreak---                                                                                                                  ANNEXE A
                                                      Proposal for a
                                       COUNCIL REGULATION (EEC) .so . . . / 80
                                                     of
                 opening, allocating and providing for the administration of a Community tariff quota for
                 wines of fresh grapes, falling within subheading ex 22.05 C of the Common Customs Tariff
                                                and originating in Cyprus ( 198 0
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                          Whereas it is in particular necessary to ensure for all
                                                                                  Community importers equal and uninterrupted access
                                                                                  to the abovementioned quota and uninterrupted
 Having regard to the Treaty establishing the European                            application of the rates laid down for that quota to all
 Economic Community, and in particular Article                                    imports of the products concerned into all Member
 1 1 3 thereof ,                                                                  States until the quota has been used up; whereas, having
                                                                                  regard to the above principles, the Community nature
                                                                                  of the quota can be respected by allocating the
 Having regard to the proposal from the Commission                                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 in question,
                                                                                  such allocation should be in proportion to the
                                                                                  requirements of the Member States, calculated by
                                                                                  reference to the statistics for imports of the prbducts in
 Whereas Article 5 of the supplementary Protocol to the                           question from Cyprus oyer a representative reference
 Agreement establishing an association between the                                period and also to the economic outlook for the quota
                                                                                  period concerned;
 Huropean Economic Community and the Republic of
 Cyprus (3 provides for the opening of an annual
 Community tariff quota of 10 000 hectolitres of certain
 wines of fresh grapes, in containers holding two litres or
 less, falling within subheading ex 22.05 C of the                                Whereas, however, neither Community nor national
 Common Customs Tariff and originating in Cyprus, at                              statistics showing the breakdown for each of the types
 rates of customs duty equal to 25% of the customs duty                           of wine in question are available and no reliable
 in    the   Common       Customs Tariff;        whereas the                      estimates of future imports can be made; whereas, in
                                                                                  these circumstances, the quota should be allocated in
Community has , by Council Regulation(EEC ) No                                    initial shares on the basis of the likely demand for these
 .../ 80 ( 3 ) , already opened a tariff quota of                                 wines on the markets of the various Member States;
2 500 hi for the period 1 January to 31 March
1980 ; whereas , therefore , a tariff quota of
7 500 hi should be opened for the period .
1 April to 31 December 1980;                                                      Whereas, in order to take into account import trends
                                                                                  for the products concerned in the various Member
                                                                                  States, the quota volume should be divided into two
                                                                                  instalments, the first being shared among the Member
                                                                                  States and the second constituting a reserve to cover at a
                                                                                  later date the requirements of Member States which
                                                                                  have used up their initial quota shares; whereas, in
                                                                                  order to give importers in each Member State a certain
 Whereas the wines in question                                                    degree of security, the first instalment of the
 subject to compliance with the ;'free-at -                           -
 frontier refefjnee price ; whereas, in order                                                                             ■ a •/ a ■ ■
that such wines may benefit from this tariff au
                                                              - '■•V
quota , Article 18 of Council Regulation ( EEC )
No 337 / 79 ( 4 ) must be complied with ;
   ( 1 ) 0J No
   ( 2 ) 0J No L 172 , 28.6.1978 , p. 2
   ( 3 ) OJ No
   ( 4 ) 0J No L 54 , 5.3.1979 , p. 1 .
 ---pagebreak---                                                                            - 2 -                                                         ANNEX A
                 Community quota should, under the present                                   reserve, to prevent a part of any Community quota
                 circumstances, be fixed at 86% of the quota volume;                         from remaining unused in one Member State when it
                                                                                             could be used in others ;
                  Whereas the Member States' initial shares may be used
                  up at different times; whereas, in order to take this fact                 Whereas, since the Kingdom of Belgium, the Kingdom
                  into account and avoid any break in continuity , any                       of the Netherlands and the Grand Duchy of
                  Member State which has almost used up its initial share                    Luxembourg are united within and jointly represented
                  should draw an additional share from the reserve ;                         by the Benelux Economic Union, any operation relating
                  whereas this must be done by each Member State as and                      to the administration of the quota shares allocated to
                  when each of its additional shares is almost used up,                      that economic union may be carried out by any one of
                  and repeated as many times as the reserve allows;                          its members ,
                  whereas the initial and additional shares must be valid
                  until the end of the quota period ; whereas this method
                  of administration requires close cooperation between
                  Member States and the Commission, and the latter must                      HAS ADOPTED THIS REGULATION :
                  be in a position to monitor the extent to which the
                  quota volume has been used up and to inform the                                                    Article 1
                  Member States thereof;
                                                                                              1 . From 1 Apr "! I to 31 December 1980, Common
                  Whereas, if at a given date in the quota period a                          Customs Tariff duties in respect of the following
                  substantial quantity of an initial share remains unused                    products originating in Cyprus shall be partially
                  in any Member State, it is essential that that Member                      suspended at the levels shown below within the limits of
                  State should return a significant proportion to the                        a Community tariff quota o/ 75 GO hectolitres:
                                       CCT
                                     heading                                        Description                                Rate of duty
                                        No
                                    22.05        Wine of fresh grapes ; grape must with fermentation arrested by the
                                                 addition of alcohol :
                                                C. Other :
                                                        I. Of an actual alcoholic strength by volume not
                                                            exceeding 13% vol , in containers
                                                            holding :
                                                            ex a ) Two litres or less :
                                                                     – Wine of fresh grapes                                     3,6 ECU / h I
                                                       11 . Of an actual alcoholic strength by volume
                                                            exceeding 13% vol but not exceeding
                                                             15% vol in containers holding :
                                                            ex a) Two litres or less :
                                                                     – Wine of fresh grapes other than liqueur wines
                                                                         of an actual alcoholic strength by
                                                                          volurre of 15% voL                             /·     4,2      ECU / h I
2 . T ''e wines in question shall be subject                                   2. The first instalment, amounting to 6450 hectolitres,
                                                                               shall be allocated among the Member States ; the shares,
      to compliance with the free-at-                                          which subject to Article 5 shall be valid until 31
                                                                               December 198Cvsha" be as follows (in hectolitres ):
      frontier reference price . They shaLi,/
                                                                                         Benelux                                   210
      "benefit from this tariff quota provided                                           Denmark                                   210
       that Article 18 of Regulation(EEC ) No                                            Germany                                   210
                                                                                         France                                      60
       337 / 79 is complied with .                                                                                                 450
                                                                                         Ireland
                                                                                          Italy                                      60
                                                                                          United Kingdom                       5 250
                            Article 2                -      -    ■
                                     i                             .
                                                                                3 . The second instalment , amounting to 1050
   1 . The Community tariff quota referred to in Article 1             •>       hectolitres shall constitute the reserve ^ to which any remainders
   shall be divided into two instalment!.
                                                                                existing on 31 March 1980 of the shares 9 iven *°
                                                                                the Member States                by Regulation ( EEC ) No .../» U
                                                                                and of the reserve constituted under the same
                                                                               R - equlation           shall be adHpd .
 ---pagebreak---                                                              - 3 -                                                ANNEX A
                         Article 3                          Each Member State shall, not later than 1 October
                                                            1980, notify the Commission of the total quantities of
 1.   If 90% or more of a Member State's initial share as
                                                            the products in question imported up to 15 September
specified in Article 2 ( 2 ), or 90% of that share minus
                                                            1980, and charged against the Community quota, and
                                                            of any quantities of the initial shares returned to the
the portion returned to the reserve where Article 5 is
                                                            reserve .
 ipplicd , has been used up, then to the extent permitted
by the amount of the reserve, that Member State shall
forthwith, by notifying the Commission, draw a second
share equal to 15% of its initial share, rounded up
where necessary to the next unit.
                                                                                    Article 6
                                                            The Commission shall keep an account of the shares
2 . If, after one of its initial shares has been used up,   opened by the Member States in accordance with
90% or more of the second share drawn by a Member           Articles 2 and 3 and shall, as soon as it is notified,
Stare has been used up, then to the extent permitted by     inform each Member State of the extent to which the
the amount of the reserve, that Member State shall , in     reserve has been used up.
accordance with the conditions laid down in paragraph
 1 , draw a third share equal to 7-5% of its initial share,
rounded up where necessary to the next unit.
                                                            It shall inform the Member States, not later than 5
                                                            October 1 9 8 Q of the amount in the reserve after
                                                            quantities have been returned pursuant to Article 5 .
3 . If, after its second share has been used up , 90% or
more of the third share drawn by a Member State has
 r^en used up , that Member State shall, in accordance      The Commission shall ensure that any drawing which
with the conditions laid down in paragraph 1 , draw a       uses up the reserve is limited to the balance available,
fourth share equal to the third.                            and to this end shall indicate the amount thereof to the
                                                            Member State which makes such last drawing.
This process shall continue until the reserve is used up.
                                                                                    Article 7
4. By way of derogation from paragraphs 1 , 2 and 3 , a
                                                            1 . The Member States shall take all measures necessary
Member State may draw shares smaller than those fixed
                                                            to ensure that additional shares drawn pursuant to
in those paragraphs if there is reason to believe that
                                                            Article 3 are opened in such a way that imports may be
those might not be used up. It shall inform the
                                                            charged without interruption against their accumulated
Commission of its reasons for applying this paragraph.      shares of the Community quota.
                                                            2. The Member States shall ensure that importers of
                                                            the products in question established in their territory
                         Article 4                          have free access to the shares allocated to them .
The add.ti /fial shares drawn pursuant to Article 3 shall
be valid until 31 December 19 80 .                          3 . The extent to which a Member State has used up its
                                                            share shall be determined on the basis of imports of
                                                            the products in question entered with the customs
                                                            authorities for    free circulation .
                         Article S
Member States shall return to the reserve, not later than
 1 October 198Q the unused portion of their initial                                 Article 8
share which , on 15 September 1 9 80 is in excess of 20%
of the minal volume. They may return a Larger quantity      At the request of the Commission, the Member States
if there are grounds for believing that it may not be used  shall inform it of imports of the products concerned
in full .                                                   actually charged against their shares.
                                                                                                                     •aa/■■■
 ---pagebreak---                                                        - L    -                                          ANNEX
                     Article 9                                                        Article 10
The Member States and the Commission shall cooperate           This Regulation shall enter into force on 1 /\p
closely in order to ensure that this Regulation is              1980 .
complied with.
            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
                                                          Proposal for
                                         COUNCIL REGULATION (EEC) No ,../ 80
                                                     of ............
                  opening, allocating and providing for the administration of a Community tariff quota for
                  liqbeur wines, falling within subheading ex 22.05 C of the Common Customs Tariff and
                                                  originating in Cyprus ( 1980 )
     THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         Whereas it is in particular necessary to ensure for all
                                                                      Community importers equal and uninterrupted access
                                                                      to the abovementioned quota and uninterrupted
     Having regard to the Treaty establishing the European            application of the rates laid down for that quota to all
     Economic Community, and in particular Article                    imports of the products concerned into all Member
     113 thereof,          I     j                                    States until the quota has been used up; whereas, having
                                                                      regard to the above principles, the Community nature
                                                                      of the quota can be respected by allocating the
                                                                      Community tariff quota among the Member States;
     Having regard to the proposal from the Commission
                                                                      whereas, in order to reflect as accurately as possible the
                                                                      true trend of. the market in the products in question,
                                                                      such allocation , should be in proportion to the
                                                                      requirements of the Member States, calculated by
                                                                      reference to the statistics for imports of the products in
                                                                      question from Cyprus over a representative reference
                                                                      period and also to the economic outlook for the quota
     Whereas Article 6 of the supplementary Protocol to the '         period concerned;
     Agreement establishing an association between the
     European Economic Community and the Republic of              i
     Cyprus 0 provides for the opening of an annual
     Community tariff quota of 250 000 hectolitres of                 Whereas, however, neither Community nor national
     liqueur wines, falling within subheading ex 22.05 C of           statistics showing the breakdown for the products in
     the Common Customs Tariff and originating in                     question are available and no reliable estimates of
     Cyprus, at rates of customs duty equal to 30% of the             future imports can be made; whereas, in these
     Common Customs Tariff; whereas                 Community         circumstances, the quota should be allocated in initial
    has , by Counci I .Regulation ( EEC ) No                          shares on the basis of the likely demand for these
                                                                      products on the markets of the various Member States;
     .../ 8CK3 ) already opened a tariff quota of
    62 500 hi for the period 1 January to 31 March
    1980 :    whereas, therefore, a tariff quota
    of 187 500 hi should be opened for the                            Whereas, in order to take into account import trends
                                                                      for the products concerned in the various Member
    period 1 April to 31 December 1980 ;                              States, the quota volume should be divided into two
                                                                      instalments, the first being shared among the Member
    Whereas entry under the above                                     States and the second constituting a reserve to cover at a
    Community tariff quota must be conditional on the                 later date the requirements of Member States which
    wines being described as 'liqueur wines' in the V.I.I             have used up their initial quota shares ; whereas, in
    document provided for in Regulation (EEC) No                      order to give importers in each Member State a certain
    2115/76 (4):                                                      degree of security, the first instalment of the
                                                                      Community quota should, under present circumstances,
                the ■ wines .An quest i                               be fixed at 85% of the quota volume;
               tocompl tance
 .jpofti f^r reference] pr,tc« )                                      Whereas the Member States' initial shares may be used
fercternthat such w>iw sway bene fit fpoa                             up at different times; whereas, in order to take this fact
                                                                      into account and avoid any break in continuity, any
  t hi safari ff "qtnJts^Arti cle 18 -of ecruni                       Member State which has almost used up its initial share
"Regulaf                           337 /fWW® must be,,              . should draw an additional share from the reserve;
                                                                      whereas this must be done by each Member State as and
'COmpliecTWtth ,                                                      when each of its additional shares is almost used up,
                                                                      and repeated as many times as the reserve allows;
                                                                      whereas the initial and additional shares must be valid
                                                                      until the end of the quota period; whereas this method
                                                                      of administration requires close cooperation between
  ( 1 ) 0J No
  (2)    0J  No   L 172 , 28.6.1978 , p. 2
  ( 3 ) 0J No     •  a • •   ■
 ( 4 ) 0J No      L 237 , 28.8.1976 , p. 1
  ( 5 ) 0J No
                  L 54 , 5.3.1979 , p. 1 .                                                                                  .../
 ---pagebreak---                                                                                                                                                ANNEX B
                 the Member States and the Commission, and the latter                          by the Benelux Economic Union, any operation relating
                 must be in a position to monitor tho extent to which the                      to the administration of the quota shares allocated to
                 quota volume has been used up and to inform the                               that economic union may be carried out by any one of
                 Member States thereof;                                                        its members,
                 Whereas, if at a given date in the quota period a
                 substantial quantity remains unused in any Member                             HAS ADOPTED THIS REGULATION :
                 Stare, it is essential that that Member State should
                  return a significant proportion to the reserve, to prevent                                           Article 1
                  a part of any Commuiu;v quota from remaining unused
                  in one Member State when it could be used in others;                         1 . From 1 April to 31 December 1980 Common
                                                                                               Customs Tariff duties in respect of the following
                 Whereas, since the Kingdom of Belgium, the Kingdom                            products originating in Cyprus shall be suspended at the
                 of the Netherlands and the Grand Duchy of                                     levels shown below within the limits of a Community
                  Luxembourg are united within anil jointly represented                        tariff quota of 1 8750Chectolitres :
                                      et 1
                                     hi-.ulmg                                        Description                                Ra,e o ( ,{uty
                                        No    I
                                    22.05       Wine of fresh grapes; grape must with fermentation arrested by the
                                                addition of alcohol :
                                                C. O I I KT :
                                                     II Of an actual alcoholic strength by vo lurne excee­
                                                        ding 13% vol but not exceeding 15%
                                                        vol , in containers holding :
                                                          ex a ) Two litres or less:
                                                                    – Liqueur wines of an actual alcoholic strength by
                                                                            volume of 15% vol                                    5 . 0 ECU / h l
                                                          ex n ) More than two litres :
                                                                    – Liqueur wines of an actual alcoholic strength by
                                                                            volume of 15% vol                                    3. 9 ECU / h l
                                                    III. Of an acrua) alcoholic strength J-jy volume exceei
                                                        ding 15% vol but not exceeding 18%
                                                        vol , in containers holding :                                        I
                                                              a ) Two litres or less :
                                                                   ex 2 .    Other :
                                                                             – Liqueur wines                                     6.1 ECU /h l
                                                              h ) More than two litres :
                                                                   cx .3 .   Other :
                                                                             –r Liqueur wines                                    5.0 ECU / h l
                                                        IV. ( )f an actual alcoholic strength by volume eX'-*
                                                              ceeding 18% vol but not exceeding
                                                              22Â vol , in containers holding :
                                                               a ) Two litic> or less :
                                                                   ex 2 .    Other :
                                                                             – Liqueur wines                                     6. 9 ECU / h l
                                                              b) More than two litres :
                                                                   ex 3 .    Other :
                                                                                      - /
                                                                           * – Liqueur wines                                     6-9 ECU / hl
 2 . '1 he admission of these wines under the tariff quota
s. hall be conditional on their being described in the V.I.I
 document provided for in Regulation ( EEC ) No
 21 15 /76 as liqueur wines' .
  The wines in question shall be subject
  to compliance with the free- at - f rontier                                                              Article 2
   pe+oppncp Drice . They shall benefit from                                       The Community tariff quota referred to in Article 1
                                                                              shall be divided into two instalments.
this tariff quota provided that Article 18
                                                                              2. The first instalment, amounting to 159 80C
of Regulation ( EEC ) No 337 / 79 must be complit                             hectolitres, shall be allocated among the Member States;
with .
 ---pagebreak---                                                             « 3 -                                               ANNEX B
 the shares, which subject to Article 5 shall be valid until                            Article S
 31 December 198Q shall be as follows (in hectolitres):
                                                                Member States shall return to the reserve, not later than
          Benelux                             2 260             1 October 1^Q> the unused portion of their initial
          Denmark                             2 260             share which, on 15 September 1980, is in excess of 20%
          Germany                             2 250
                                                                of the initial volume. They may return a larger quantity
                                                   15
                                                                if there are grounds for believing that such portion may
          France                                                not be used in full.
          Ireland                             3 000
          Italy                                    15
                                                                Each Member State shall, not later than 1 October
          United Kingdom                   150 000              19 80 notify the Commission of the total quantities of
                                                                the products in question imported up to 15 September
  3 . The second instalment , amounting to 27 700               1980 and charged against the Community quota, and
                                                                of any quantities of the initial shares returned to the
  hectolitres^hall constitute the reserve^ to which any         reserve.
   remainders existing on 31 March ,198Q^of
  the~"shares given to the Member States
  by Regulation ( EEC ) No .../ 80 ( 1 ) and
                                                                                        Article 6
  of the reserve constituted under the
  same Regulation             shall be added . ■                The Commission shall keep an account of the shares
                                                                opened by Member States in accordance with Articles 2
                                                                and 3 and shall, as soon as it is notified, inform each
                          Article 3                             Member State of the extent to which the reserve has
                                                                been used up.
  1 . If 90% or more of a Member State's initial share as
  specified in Article 2 (2), or 90% of that share minus
  the portion returned to the reserve where Article 5 is        It shall inform the Member States, not later than 5
  applied, has been used up, then to the extent permitted       October 1S8Q of the amount in the reserve after
  by the amount of the reserve that Member State shall          quantities have been returned pursuant to Article 5 .
  forthwith, by notifying the Commission, draw a second
  share equal to 15% of its initial share, rounded up           The Commission shall ensure that any drawing which
  where necessary to the next unit.
                                                                uses up the reserve is limited to the balance available,
                                                                and to this end shall indicate the amount thereof to the
                                                                Member State which makes such last drawing.
 2. If, after one of its initial shares has been used up,
 90% or more of the second share drawn by a Member
 State has been used up, then, to the extent permitted by                               Article 7
 the amount of the reserve, that Member State shall, in
 accordance with the conditions laid down in paragraph          1 . The Member States shall take all measures necessary
  1 , draw a third share equal to 7-5% of its initial share,    to ensure that additional shares drawn pursuant to
 rounded up where necessary to the next unit.
                                                                Article 3 are opened in such a way that imports may be
                                                                charged without interruption against their accumulated
                                                                shares of the Community quota.
 3 . If, after its second share has been used up, 90% or
 more of the third share drawn by a Member State has
 been used up, that Member State shall, in accordance           2. The Member States shall ensure that importers of
 with the conditions laid down in paragraph 1 , draw a          the products in question established in their territory
 fourth share equal to the third.                               have free access to the shares allocated to them.
                                                                3 . The extent to which a Member State has used up its
 This process shall continue until the reserve is used up.      share shall be determined on the basis of imports of the
                                                                products in question entered with the customs
                                                                authorities for free circulation .
 4. By way of derogation from paragraphs 1 , 2 and 3, a
 Member State may draw shares smaller than those fixed
 in those paragraphs if there is reason to believe that                                 Article 8
 those might not be used up. It shall inform the
 Commission of its reasons for applying this paragraph .        At the request of the Commission, the Member States
                                                                shall inform it of imports of the products concerned
                                                                actually charged against their shares.
                          Article 4                                                                        • • ■/ • • •
 The additional shares drawn pursuant to Article 3 shall
 be valid until 31 December 19 80.
( 1 ) J0 No
 ---pagebreak---                                               - 4 -                                               ANNEX  B
                     Article 9                                                         Article 10
The Member States and the Commission shall cooperate           This Regulation shall enter into force on 1 Apn I
closely in order to ensure that this Regulation is             19 80 .
complied with .
            This Regulation shall be binding in its entirety and directly applicable in all Member State
            Done at Brussels,
                                                                                  For the Council
                                                                                   The President