CELEX: 31976R1517
Language: en
Date: 1976-06-24 00:00:00
Title: Council Regulation (EEC) No 1517/76 of 24 June 1976 opening, allocating and providing for the administration of Community tariff quotas for certain wines having a registered designation of origin, falling within subheading ex 22.05 C of the Common Customs Tariff, originating in Algeria (1976/1977)

28 . 6. 76                              Official Journal of the European Communities                          No L 169 /31
                                        COUNCIL REGULATION (EEC) No 1517/76
                                                        of 24 June 1976
              opening, allocating and providing for the administration of Community tariff quotas
              for certain wines having a registered designation of origin, falling within subheading
                      ex 22.05 C of the Common Customs Tariff, originating in Algeria ( 1976/77)
THE COUNCIL OF THE EUROPEAN                                        hereinafter called the 'Interim Agreement' provides
COMMUNITIES ,                                                      in Article 13 for the advance application of this
                                                                   tariff measure, probably with effect from
                                                                   1 July 1976 ; whereas the Community tariff quotas
Having regard to the Treaty establishing the                       in question should therefore be opened for an initial
European Economic Community, and in particular                     period from 1 July 1976 until 30 June 1977 ;
Articles 43 and 113 thereof,
                                                                   Whereas Council Regulation (EEC) No 2506/75 of
Having regard to the proposal from the Commission ,                29 September 1975 laying down special rules for the
                                                                   importation of products in the wine-growing sector
Having regard to the opinion of the European                       originating in certain third countries (3 ), introduced
Parliament ( J ),                                                  the idea of a free-at-frontier reference price, being
                                                                   the reference price less customs duties actually levied ;
Whereas the Cooperation Agreement between the
European Economic Community and the People's                       Whereas it is in particular necessary to ensure equal
Democratic Republic of Algeria signed on                           and uninterrupted access for all Community
26 April 1976 stipulates in Article 20 that certain                importers to the abovementioned quotas, and
wines having a registered designation of origin                    uninterrupted application of the rates laid down for
falling- within subheading ex 22.05 C of the Common                these quotas to all imports of the products
Customs Tariff originating in Algeria shall be                     concerned into the Member States until the quotas
imported into the Community free of customs duties                 have been used up ; whereas, having regard to the
within the limits of an annual Community tariff                    above principles, the Community nature of the
quota ; whereas the volume for the first quota period              quotas can be respected by allocating the Com­
is 250 000 hectolitres consisting of 190 000                       munity tariff quotas among the Member States ;
hectolitres of wine in bulk, and 60 000 hectolitres                whereas, in order to reflect most accurately the actual
of wine in bottles ; whereas wine in bulk must be                  development of the market in the products in
put up in accordance with certain conditions ;                     question , such allocation should be in proportion to
whereas wine in        bottles    must   be   in   containers
                                                                   the requirements of the Member States, assessed by
holding a maximum of two litres ; whereas the import               reference both to the statistics relating to imports
prices for the wines must at any given moment be                   of the said products from Algeria over a representa­
not less than the Community reference prices for                   tive reference period and to the economic outlook
them ; whereas these wines must be accompanied                     for the quota period concerned ;
by a certificate of designation of origin in accordance
with the model given in Annex D to the Agreement
in question ;                                                      Whereas in this case, however, neither Community
                                                                   nor national statistics showing the breakdown for
Whereas pending the entry into force of the Co­                    each of the types of wines in question are available
operation Agreement, the Interim Agreement between                 and no reliable estimates of future imports can be
the European Economic Community and the                            made ; whereas in these circumstances the quota
People's Democratic Republic of Algeria ( 2 )                      volumes should be allocated in initial shares , taking
                                                                   into account demand for these wines on the markets
                                                                   of the various Member States ;
(J) Opinion delivered on 18 June 1976 and not yet
    published in the Official Journal.
(?) OJ No L 141 , 28 . 5 . 1976, p. 2 .                            (3 ) OJ No L 256, 2. 10 . 1975 , p. 2.
 ---pagebreak--- No L 169/32                        Official Journal of the European Communities                                 28 . 6 . 76
Whereas, to take into account import trends for the              Whereas, if at a given date in the quota period
products concerned in the various Member States,                 a Member State has a considerable quantity of one
eaoh of the quota amounts should be divided into                 of its initial shares left over, it is essential that it
two instalments, the first being allocated among the             should return a significant proportion thereof to
Member States and the second held as a reserve                   the relevant reserve, to prevent a part of one or
intended to cover at a later date the requirements               other of the Community quotas remaining unused
of Member States who have used up their initial                  in one Member State when it could be used in
share ; whereas, in order to guarantee some degree                others ;
of security to importers in each Member State, the
first instalment of the Community quotas should be
fixed at a level which could, in the present                     Whereas , since the Kingdom of Belgium, the Kingdom
circumstances, be 50% of each of the quota volumes ;              of the Netherlands and the Grand Duchy of
                                                                  Luxembourg are united in and represented by the
                                                                  Benelux Economic Union, all transactions concerning
Whereas the initial shares of the Member States may               the administration of the shares allocated to the
not be used up at the same rate ; whereas in order                abovementioned Economic Union may be carried
to take this into account and avoid disruption, any               out bv any one of its members,
 Member State which has used up almost all of one
of its initial shares should draw a supplementary
 share from the relevant reserve ; whereas this should
 be done by each Member State each time one of                    HAS ADOPTED THIS REGULATION :
 its supplementary shares is almost used up, and so
 on as many times as the reserve allows ; whereas the
 initial and supplementary shares should be valid until                                   Article 1
 the end of the quota period ; whereas this form of
 administration requires close collaboration between
 the Member States and the Commission, and the                     1 . For the period from 1 July 1976 to 30 June 1977
 Commission must be in a position to follow the                   Community tariff quotas shall be opened for the
 extent to which the quota volumes have been used                 following products originating in Algeria, within the
 up and inform the Member States thereof;                          limits set out below :
                    CCT
                heading No                              Description                               Quota volume
                   22.05     Wine of fresh grapes ; grape must with fermentation arrested
                             by the addition of alcohol :
                              C. Other :
                                 — Wines entitled to one of the following designations of
                                    origin :
                                    Ain Bessem-Bouira , Medea , Coteaux du Zaccar, Dahra ,
                                    Coteaux de Mascara , Monts du Tessalah , Coteaux de
                                    Tlemcen ,
                                    of an actual alcoholic strength not exceeding 15° :
                                    — In containers holding two litres or less                      60 000 hi
                                    — In containers holding more than two litres                   190 000 hi
 ---pagebreak--- 28 . 6 . 76                           Official Journal of the European Communities                                No L 169/33
                                                                                                                       (in hectolitres )
2. Within these tariff quotas the Common Customs
Tariff duties applicable to these wines shall be totally                                        Wines having a registered
suspended. The new Member States shall apply duties                                          designation of origin in containers
                                                                                                            holding :
calculated in accordance with the relevant provisions                   Member States
of the Interim Agreement on trade in goods between                                             two litres             more than
                                                                                                or less               two litres
the European Economic Community and Algeria and
of the Act of Accession .
                                                                 Benelux                         5 000                  15 000
                                                                 Denmark                         3 000                  10 000
3 . The wines in question shall benefit from these               Germany                         6 000                  20 000
tariff quotas on concjition that the prices on import            France                          6 000                  20 000
into the Community are not at any time less than                 Ireland                         2 000                    5 000
the free-at-frontier reference prices referred to in
                                                                 Italy                           3 000                  10 000
Regulation (EEC) No 2506/75 and subsequent texts
which apply to such prices .                                     United Kingdom                  5 000                  1.5 000
                                                                                   Total        30 000                  95 000
4. Wine in containers holding more than two litres
must be put up in accordance with the following
 requirements :
                                                                 3 . The second instalment of each quota, amounting
                                                                 to 30 000 and 95 000 hectolitres respectively, shall
 ( a) the containers must be suitable for transporting           constitute the reserve .
       wine and be used solely for that purpose ;
 (b ) the containers must be completely filled ;                                          Article 3
 (c) the means of closing the containers must be such             1 . If 90% or more of one of a Member State 's
       that they cannot be tampered with and must
       ensure that they cannot be the subject of                 initial shares, as specified in Article 2 (2 ), or of that
                                                                 share less the portion returned to the relevant reserve
       operations during transportation or storage other
                                                                 where Article 5 has been applied, has been used up,
       than those carried out under the supervision of
       the authorities of Algeria or of the Member               that Member State shall , without delay, by notifying
                                                                 the Commission, draw a second share equal to 15%
       States ;
                                                                 of its initial share, rounded up where necessary to
                                                                 the next whole number, in so far as the amount in
  (d ) each container must be labelled in such a way              the reserve allows .
       as to permit identification of the quality wine
       it contains ;
                                                                 2. If, after one or other of its initial shares has
                                                                  been used up, 90% or more of the second share
  (e) the wine in question may be transported only in             drawn by a Member State has been used up, that
       containers of a capacity not exceeding 25                  Member State shall , in accordance with the
       hectolitres .
                                                                  conditions laid down in paragraph 1 draw a third
                                                                  share equal to 7-5% of its initial share, rounded up
 5 . Each of these wines, when imported, shall be                 where necessary to the next whole number, in so far
                                                                  as the amount in the reserve allows .
 accompanied by a certificate of designation of origin,
 issued by the relevant Algerian authority, in accord­
  ance with the model annexed to this Regulation .                3 . If, after one or other of its second shares 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 with paragraph 1 , draw
                          Article 2
                                                                  a fourth share equal to the third.
  1 . The tariff quotas laid down in Article 1 shall              This process shall continue to apply until the reserves
  be divided into two instalments .                               are used up .
  2. A first instalment of each quota shall be                    4. Notwithstanding paragraphs 1 , 2 and 3 , Member
  allocated among the Member States ; the shares                  States may draw smaller shares than those fixed in
  which, subject to Article 5 , shall be valid up to              these paragraphs if there is reason to believe that
  30 June 1977, shall be as follows :                             those fixed might not be used up . They shall inform
 ---pagebreak---  No L 169/34                        Official Journal of the European Communities                              28 . 6.
the Commission of their reasons for applying this                                      Article 7
paragraph.
                                                               1 . Member States shall take all measures necessary
                         Article 4                             to ensure that additional shares drawn pursuant to
                                                               Article 3 are opened in such a way that imports
Each additional share drawn pursuant to Article 3              may be charged without interruption against their
shall be valid until 30 June 1977.                             aggregate shares in the Community quotas .
                         Article 5                             2. Member States shall ensure that importers of the
                                                               products concerned established in their territory have
                                                               free access to the shares allocated to them .
 Member States shall return to the reserve, not later
than 1 April 1977, the unused portion of their initial
share which, on 15 March 1977, is in excess of                 3 . Member States shall charge imports of the said
20% of the initial amount. They may return a greater           goods against their shares as and when the goods
portion if there are grounds for believing that such           are entered for home use .
portion might not be used in full.
Member States shall notify the Commission, not                 4. The extent to which a Member State has used
later than 1 April 1977, of the total imports of the           up its shares shall be determined on the basis of the
products concerned effected under the Community                imports charged in accordance with paragraph 3 .
 quotas up to and including 15 March 1977 and,
where appropriate, the proportion of each of their
initial shares that they are returning to each of the                                  Article 8
 reserves .
                                                               At the request of the Commission, Member States
                         Article 6                             shall inform it of imports actually charged against
                                                               their shares .
The Commission shall keep account of the shares
 opened by Member States pursuant to Articles 2
 and 3 and shall inform each State of the extent to                                    Article 9
 which the reserve has been used up as soon as it
 has been notified.
                                                               The Member       States  and    the  Commission     shall
The Commission shall notify the Member States, not             collaborate closely in order to ensure that this
 later than 5 April 1977, of the state of each reserve         Regulation is observed.
 after the return of shares pursuant to Article 5 .
 The Commission shall ensure that the drawing which                                    Article 10
 uses up a reserve is limited to the balance available,
 and to this end, shall specify the amount thereof
 to the Member State making the final drawing.                  This Regulation shall enter into force on 1 July 1976.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 24 June 1976.
                                                                                       For the Council
                                                                                        The President
                                                                                         G. THORN
 ---pagebreak---                                                                     ANNEX
 1 . j U.. ,       L Eksportør - Ausführer - Exporter - Exporta­          2.           ' - Nummer - Nummer -
     teur - Esportatore - Exporteur:                                           Number - Numéro - Numero -                               00000
                                                                               Nummer
                                                                          3 .. ( Name of authority guaranteeing the designation
                                                                               of origin)
 4.                      Modtager - Empfänger - Consignee -
     Destinataire - Destinatario - Geadresseerde :
                                                                          5                I      J I id «J 1
                                                                                CERTIFIKAT FOR OPRINDELSESBETEGNELSE
                                                                                BESCHEINIGUNG DER URSPRUNGSBEZEICHNUNG
                                                                                CERTIFICATE OF DESIGNATION OF ORIGIN
                                                                                CERTIFICAT D'APPELLATION D' ORIGINE
                                                                                CERTIFICATO DI DENOMINAZIONE DI ORIGINE
 6. J*-*-"              - Transportmiddel - Beförderungsmittel                  CERTIFICAAT VAN BENAMING VAN OORSPRONG
     - Means of transport - Moyen de transport - Mezzo di
     trasporto - Vervoermiddel :
                                                                          7 . ( Designation of origin)
 8, t. !/* ^ '          - Losningssted - Entladungsort - Place
     of unloading - Lieu de déchargement - Luogo di sbarco -
     Plaats van lossing :
  g            J        J<     i f          ^ Ij ^    ^I                                                  10.f          c              I 11 .     I
     Mærker og numre, kollienes antal og art                                                                  Bruttovægt gt                   Liter
     Zeichen und Nummern, Anzahl und Art der Packstücke                                                       Rohgewicht Rohgewicht           Liter
     Marks and numbers, number and kind of packages                                                           Gross we weight                 Litres
     Marques et numéros, nombre et nature des colis                                                           Poids bri t                     Litres
     Marca e numero, quantità e natura dei colli                                                              Peso lord o                     Litri
     Merken en nummers, aantal en soort der colli                                                             BrutogewichtBrutogewicht        Liter
12.                L»)          - Liter (i bogstaver) - Liter ( in Buchstaben) - Litres ( in words) - Litres (en lettres) - Litri ( in lettere) -
      Literi (voluit):
1 3.             I     J^          ^ - Påtegning fra udstedende organ - Bescheinigung der erteilenden Stelle - Certificate of the
      issuing authority - visa de l' organisme émetteur - Visto dell'organismo emittente - Visum van de instantie van afgifte :
14. I j            Ià     L - Toldstedets attest - Sichtvermerk der
     Zollstelle - Customs stamp - Visa de la douane - Visto della
      dogana - Visum van de douane                                                                            (Oversættelse se nr. 15 - Über­
                                                                          setzung siehe Nr. 15 - see the translation under No 15 -
                                                                          Voir traduction au n° 15 - Vedi traduzione al n. 15 - Zie voor
                                                                          vertaling nr. 15 )
                                                                      !
 ---pagebreak---      15 . Det bekræftes, at vinen , der er nævnt i dette certifikat, er fremstillet i             området og ifølge algerisk lovgivning er
          berettiget til oprindelsesbetegnelsen :«                          «.
          Alkohol tilsat denne vin er alkohol fremstillet af vin .
          Wir bestätigen, daß der in dieser Bescheinigung bezeichnete Wein im Bezirk                     gewonnen wurde und ihm nach
          algerischem Gesetz die Ursprungsbezeichnung „                        " zuerkannt wird .
          Der diesem Wein zugefügte Alkohol ist aus Wein gewonnener Alkohol .
          We hereby certify that the wine described in this certificate is wine produced within the wine district of                  and is
          considered by Algerian legislation as entitled to the designation of origin '.                '.
          The alcohol added to this wine is alcohol of vinous origin .
          Nous certifions que le vin décrit dans ce certificat a été produit dans la zone de                et est reconnu , suivant la loi
          algérienne, comme ayant droit à la dénomination d'origine «                      ».
          L'alcool ajouté à ce vin est de l'alcool d'origine vinique.
          Si certifica che il vino descritto nel presente certificato è un vino prodotto nella zona di           ed è riconosciuto, secondo
          la legge algerina come avente diritto alla denominazione di origine «                     ».
          L'alcole aggiunto a questo vino è alcole di origine vinica .
          Wij verklaren dat de in dit certificaat omschreven wijn is vervaardigd in het wijndistrict van                    en dat volgens
          de Algerijnse wetgeving de benaming van oorsprong „...                     " erkend wordt.
          De aan deze wijn toegevoegde alcohol is alcohol , uit wijn gewonnen .
     16 . 0
(1) Rubrik forbeholdt eksportlandets andre angivelser.
(1) Diese Nummer ist weiteren Angaben des Ausfuhrlandes vorbehalten .
(1 ) Space reserved for additional details given in the exporting country .
(1) Case réservée pour d'autres indications du pays exportateur.
(1 ) Spazio riservato per altre indicazioni del paese esportatore.
(1 ) Ruimte bestemd voor andere gegevens van het land van uitvoer.