CELEX: 31985R1520
Language: en
Date: 1985-05-23 00:00:00
Title: Council Regulation (EEC) No 1520/85 of 23 May 1985 opening, allocating and providing for the administration of Community tariff quotas for sherry falling within heading No ex 22.05 of Common Customs Tariff and originating in Spain (1985/86)

8.6.85                                  Official Journal of the European Communities                             No L 150/ 1
                                                                I
                                             (Acts whose publication is obligatory)
                                       COUNCIL REGULATION (EEC) No 1520/85
                                                        of 23 May 1985
               opening, allocating and providing for the administration of Community tariff quotas for
                sherry falling within heading No ex 22.05 of the Common Customs Tariff and originating
                                                      in Spain ( 1985/86)
THE COUNCIL OF THE EUROPEAN                                        Whereas Spain has given an assurance that the price
COMMUNITIES                                                         for wines originating in its territory will not be lower
                                                                    than the reference price less the customs duties
Having regard to the Treaty establishing the                        actually charged ; whereas, as a result thereof, the
European Economic Community, and in particular                     wines covered by those tariff quotas should be treated
Article 1 1 3 thereof,                                              in the same manner as wines granted preferential
                                                                    tariff concessions, provided the free-at-frontier
                                                                    reference price is observed ; whereas such wines
Having regard to the proposal from the Commission,                  benefit from the tariff concessions only if the
                                                                   provisions of Article 18 of Council Regulation (EEC)
Whereas on the signing of the Agreement between                     No 337/79 (4), as last amended by Regulation (EEC)
the European Economic Community and Spain (J) on                    No 775/ 85 (5), are respected ; whereas those
29 June 1970, the Community undertook to grant                      provisions apply to imports under those quotas ;
preferential tariff arrangements for imports into the
Community of sherry originating in Spain ; whereas
this undertaking, in conjunction with the Protocol to
the Agreement between the European Economic                        Whereas it is in particular necessary to ensure for all
Community and Spain consequent on the accession of                  Community importers equal and uninterrupted access
the Hellenic Republic to the Community (2), now                    to the abovementioned quotas and uninterrupted
relates to the opening each year of the following two               application of the rates laid down for these quotas to
tariff quotas :                                                     all imports of the products concerned into all
                                                                    Member States until the quotas have been used up ;
— 108 120 hectolitres at a duty rate of 40 % of the                whereas, having regard to the above principles, the
    Common Customs Tariff duties, for sherry in                     Community nature of the quotas can be respected by
    containers holding two litres or less, falling within           allocating the Community tariff quotas among the
    subheadings ex 22.05 C III a) 1 and ex 22.05 C                  Member States ; whereas, in order to reflect as
    IV a) 1 of the Common Customs Tariff and orig­                 accurately as possible the actual trend of the market
    inating in Spain , and                                         in the products concerned, such allocation should be
                                                                    in proportion to the requirements of the Member
— 685 000 hectolitres at a duty rate of 50 % of the                 States, calculated by reference to the statistics for
    Common Customs Tariff duties for sherry in                     imports of the said products from Spain over a
    containers holding more than two litres, falling                representative reference period and also to the
    within subheadings ex 22.05 C III b) 1 and ex                   economic outlook for the quota period concerned;
    22.05 C IV b) 1 of the Common Customs Tariff
    and originating in Spain ;
                                                                   Whereas, during the last three years for which
Whereas inclusion in the Community tariff quota                    statistics are available, the corresponding imports into
should be subject to production of movement certi­                 each of the Member States represent the following
ficate A.E.I and a certificate of designation of origin            percentages of the imports into the Community from
as provided for in Commission Regulation (EEC)                      Spain of the products concerned :
No 1120 /75 (3);
(') OJ No L 182, 16 . 8 . 1970, p. 2 .
C) OJ No L 326, 13 . 11 . 1981 , p. 2.                              (4) OJ No L 54, 5 . 3. 1979, p. 1 .
O OJ No L 111 , 30. 4. 1975, p. 19.                                C) OJ No L 88 , 28 . 3. 1985, p. 1 .
 ---pagebreak--- No L 150/2                                  Official Journal of the European Communities                                   8 . 6. 85
                                    1981         1982         1983
                                                                         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
Sherry :                                                                 States which have used up their initial quota shares ;
— in containers holding                                                  whereas, in order to give importers in each Member
    two litres or less :
    Benelux
                                                                         State a certain degree of security, the first instalment
                                  44,43         41,80        37,13
    Denmark
                                                                         of the Community quotas should, under the present
                                    2,00          1,53         1,73
                                                                         circumstances, be fixed at 91 % of each of the quota
    Germany                       28,56         31,17        32,68       volumes ;
    Greece                          0,01         0,01          0,04
    France                          0,23         0,31          0,24      Whereas the Member States' initial shares may be
    Ireland                          1,82         1,43         1,03      used up at different times ; whereas, in order to take
    Italy                           0,44         0,43          0,32      this fact into account and avoid any break in
    United Kingdom                22,51         23,32        26,83       continuity, any Member State which has almost used
— in containers holding                                                  up one of its initial shares must draw an additional
    more than two litres :                                               share from the corresponding reserve ; whereas this
    Benelux                       34,23         38,97        39,75       must be done by each Member State as and when
    Denmark                         3,84         4,39          3,58      each of its additional shares is almost entirely used
    Germany                         0,72          1,16         2,58      up, and repeated as many times as the reserve allows ;
    Greece                                                               whereas the initial and additional shares must be valid
    France                          0,09         0,07          0,06      until the end of the quota period ; whereas this
    Ireland                         0,72         0,60          0,67      method of administration requires close cooperation
    Italy                                        0,01                    between the Member States and the Commission, and
    United Kingdom                60,40         54,80        53,36       the Commission must be in a position to monitor the
                                                                         extent to which the quota volumes have been used up
                                                                         and inform the Member States thereof;
                                                                         Whereas if, at a given date in the quota period, a
Whereas, in view of these factors and of the estimates                   considerable quantity is left over in one or other
submitted by certain Member States, initial quota                        Member State, it is essential thai that Member State
shares may be fixed approximately at the following                       should return a significant proportion to the reserve
percentages :                                                            to prevent a part of the Community quotas from
                                                                         remaining unused in one Member State when it could
                                       Sherry in containers              be used in others ;
                                             holding
       Member States                                                     Whereas, since the Kingdom of Belgium, the
                                 two litres            more than         Kingdom of the Netherlands and the Grand Duchy
                                  or less              two litres
                                                                         of Luxembourg are united within and jointly
                                                                         represented by the Benelux Economic Union, any
Benelux                            40,37                 37,60           operation relating to the administration of the quota
Denmark                              1,98                 3,97           shares allocated to that economic union may be
Germany                            30,99                  1,42           carried out by any one of its members,
Greece                               0,01                 0,01
France                               0,26                 0,06           HAS ADOPTED THIS REGULATION :
Ireland                              1,62                 0,66
Italy                                0,40                 0,01                                   Article 1
United Kingdom                     24,37                 56,27
                                                                          1 . From 1 July 1985 to 30 June 1986 the Common
                                                                         Customs Tariff duties in respect of the sherries
                                                                          mentioned below originating in Spain shall be
Whereas, in order to take into account import trends                     partially suspended at the levels and within the limits
for the products concerned in the various Member                         of the Community tariff quotas indicated for each of
States, each of the quota volumes should be divided                      them :
                         CCT heading No                      Description
                                                                                  Rate           Quota volume"
                                                                                (ECU/hl)          (hectolitres)
                ex 22.05 C III a) 1
                ex 22.05 C IV a) 1
                                                                Sherry
                                                                Sherry
                                                                                   6.5
                                                                                   7,0       }      108 120
                ex 22.05 C III b) 1
                ex 22.05 C IV b) 1
                                                                Sherry
                                                                Sherry
                                                                                   6.6
                                                                                   7,2       }      685 000
 ---pagebreak--- 8.6.85                                     Official Journal of the European Communities                               No L 150 / 3
Within the limits of this tariff quota , Greece shall                   delay by notifying the Commission draw a second
apply customs duties calculated in accordance with                      share equal to 10 % of its initial share , rounded up
the provisions of the 1979 Act of Accession .                           where necessary to the next unit, to the extent
                                                                        permitted by the amount of the reserve.
2 . The Protocol on the definition of the concept of
originating products and on methods of
                                                                        2.     If, after one or other of its initial shares has
administrative cooperation ,             annexed to the
Agreement between the European Economic                                 been used up, 90 % or more of the second share
Community and Spain, shall be applicable .                              drawn by a Member State has been used up, that
                                                                        Member       State  shall,  in   accordance    with   the
                                                                        conditions laid down in paragraph 1 , draw a third
3 . In order that the wines in question may benefit                     share equal to 5 °/o of its initial share, rounded up to
from these tariff quotas, Article 18 (3) and (4) of                     the next unit.
Regulation (EEC) No 337 / 79 must be observed .
4. The inclusion of sherry in these Community                           3.     If, after one or other of its second shares has
quotas shall be conditional upon production of a                        been used up , 90 °/o or more of the third share drawn
movement certificate A.E.I            and     a certificate        of   by a Member State has been used up, that Member
designation of origin as provided for in Regulation                     State shall, in accordance with the same conditions,
(EEC ) No 1120/ 75 endorsed by the Spanish customs                      draw a fourth share equal to the third .
authorities .
                                                                        The process shall continue until the reserve is used up.
                          Article 2
1.     Each of the tariff quotas referred to in Article 1               4.     By way of derogation from paragraphs 1 , 2 and
shall be divided into two instalments .                                 3 , a Member State may draw shares smaller than
                                                                        those fixed in those paragraphs if there is reason to
2 . A first instalment of each quota shall be shared                    believe that they might not be used up. It shall inform
among the Member States ; the respective shares,                        the Commission of its reasons for applying this
which , subject to Article 5 , shall be valid until 30 June             paragraph.
 1986 , shall be as follows :
                                                         (hectolitres )                          Article 4
                              Sherry failing within subheading :        Each of the additional shares drawn pursuant to
       Member States      ex 22.05 C III a) 1 ex 22.05 C III b) 1
                                                                        Article 3 shall be valid until 30 June 1986 .
                                  and                  and
                          ex 22.05 C IV a) 1 ex 22.05 C IV b) 1
                                                                                                 Article 5
Benelux                         39 760               232 000
Denmark                           1 950               24 500            The Member States shall return to the reserve, not
                                                       8 760
                                                                        later than 1 April 1986, the unused portion of their
Germany                         30 520
                                                                        initial shares which, on 15 March 1986, is in excess of
Greece                                10                    60
                                                                        20 % of the initial volume . They may return a larger
France                              260                   370           quantity if there are grounds for believing that this
Ireland                           1 600                 4 070           quantity may not be used .
Italy                               390                     60
United Kingdom                  24 000               347 180
                                                                        The Member States shall, not later than 1 April 1986 ,
                  Total         98 490               617 000
                                                                        notify the Commission of the total quantities of the
                                                                        products in question imported up to 15 March 1986
                                                                        inclusive and charged against the Community quota,
3 . Second instalment of each quota, namely 9 630                       and of any quantities of the initial shares returned to
and 68 000 hectolitres respectively, shall constitute the               the reserve .
corresponding reserve .
                          Article 3                                                              Article 6
 1.    If 90 °/o or more of one of a Member State 's                    The Commission shall keep an account of the shares
initial shares as specified in Article 2 (2), or of that                opened by the Member States pursuant to Articles 2
same share reduced by the portion returned to the                       and 3 and shall as soon as it has been notified, inform
corresponding reserve if Article 5 has been applied,                    each State of the extent to which the reserve has been
has been used up , that Member State shall without                      used up.
 ---pagebreak--- No L 150 / 4                        Official Journal of the European Communities                               8.6.85
It shall inform the Member States, not later than              3.    The extent to which Member States have used
5 April 1985 , of the amount in the reserve after              up their shares shall be determined on the basis of the
quantities have been returned pursuant to Article 5 .          imports of the products in question entered for free
                                                               circulation .
The Commission shall ensure that the drawing which
uses up one of the reserves is limited to the balance
                                                                                       Article 8
available and to this end shall specify the amount
thereof to the Member State which makes the last
                                                               At the request of the Commission, Member States
drawing.                                                       shall inform it of imports actually charged against
                                                               their shares .
                        Article 7
1.    The   Member     State  shall take   all measures                                Article 9
necessary to ensure that additional shares drawn
                                                               The    Member    States   and   the  Commission   shall
pursuant to Article 3 are opened in such a way that
imports may be charged without interruption against            cooperate closely in order to ensure that this Regu­
their accumulated shares of the Community quota.               lation is complied with .
2 . The Member States shall ensure that importers                                      Article 10
of the said products have free access to the shares
allocated to them .                                            This Regulation shall enter into force on 1 July 1985 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 23 May 1985 .
                                                                                      For the Council
                                                                                       The President
                                                                                      C. SIGNORII E