CELEX: 31985R3389
Language: en
Date: 1985-11-18 00:00:00
Title: Council Regulation (EEC) No 3389/85 of 18 November 1985 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 (1986)

6 . 12 . 85                                   Official journal of the European Communities                                No L 327 / 15
                                              COUNCIL REGULATION ( EEC) No 3389 / 85
                                                           of 18 November 1985
               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 ( 1986 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 and Portugal , the Community must take the measures
                                                                          referred to in Articles 180 and 367 of the said Act ; whereas
                                                                          the tariff measure in question therefore applies to the
                                                                          Community of Ten ;
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113
thereof,
                                                                          Whereas it is in particular necessary to ensure for all
Having regard to the proposal from the Commission ,                       Community importers equal and uninterrupted access to
                                                                          the abovementioned quota and uninterrupted application
                                                                          of the rates laid down for that quota to all imports of the
Whereas the Supplementary Protocol to the Agreement                       products concerned into all Member States until the quota
establishing an Association between the European                          has been used up ; whereas , having regard to the above
Economic Community and Cyprus ( 1 ) came to an end on                     principles , the Community nature of the quota can be
31 December 1980 , whereas to avoid interruption of its                   respected by allocating the Community tariff quota among
trade relations with that country , the Community has made                the Member States ; whereas , in order to reflect as
applicable for 1984 the provisions of the abovementioned                  accurately as possible the true trend of the market in the
Protocol in Council Regulation ( EEC ) No 3700 / 83 of                    products in question , such allocation should be in
22 December 1983 laying down the arrangements                             proportion to the requirements of the Member States ,
applicable to trade with Cyprus ( 2 );                                    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
Whereas , pending the definition of arrangements applicable               quota period concerned ;
beyond 31 December 1984 , it is necessary to extend
provisionally for 1986 the arrangements which the
Community applies currently to trade with Cyprus on the
basis of the abovementioned Supplementary Protocol ;                      Whereas , however , neither Community nor national
                                                                          statistics showing the breakdown for each of the types of
                                                                          wine in question are available and no reliable estimates of
Whereas the abovementioned Supplementary Protocol                         future imports can be made ; whereas, in these
provides for the opening of an annual Community tariff                    circumstances , the quota should be allocated in initial
quota of 10 000 hectolitres of certain wines of fresh grapes ,            shares on the basis of the likely demand for these wines on
in containers holding two litres or less , falling within                 the markets of the various Merpber States ;
subheading ex 22.05 C of the Common Customs Tariff
and originating in Cyprus , at rates of customs duty equal to
25 % of the customs duty in the Common Customs Tariff,
whereas the Community tariff quota should be opened for                   Whereas , in order to take into account import trends for
the period 1 January to 31 December 1986 ;                                the products concerned in the various Member States , the
                                                                          quota volume should be divided into two instalments , the
Whereas the wines in question are subject to compliance                   first being shared among the Member States and the second
with the free-at-frontier reference price ; whereas , in order            constituting a reserve to cover at a later date the
that such wines may benefit from this tariff quota ,                      requirements of Member States which have used up their
Article 18 of Regulation ( EEC ) No 337 / 79 ( 3 ) as last                initial quota shares ; whereas , in order to give importers in
amended by Regulation ( EEC ) No 2342 / 84 ( 4 ), must be                 each Member State a certain degree of security , the first
complied with ;                                                           instalment of the Community quota should under the
                                                                          present circumstances be fixed at 80 % of the quota
                                                                          volume ;
Whereas , in the absence of a protocol such as that provided
for in Articles 179 and 366 of the Act of Accession of Spain
                                                                          Whereas the Member States' initial shares may be used up
                                                                          at different times ; whereas , in order to take this fact into
(>)  OJ  No L 172 , 28 .   6 . 1978 , p. 2 .                              account and avoid any break in continuity , any Member
(2)  OJ  No L 369 , 30 .   12 . 1983 , p. 1 .                             State which has almost used up its initial quota share
( 3) OJ  No L 54 , 5 . 3 . 1979 , p. 1 .                                  should draw an additional share from the reserve ; whereas
(4)  OJ  No L 217 , 14 .   8 . 1984 , p. 6 .                              this must be done by each Member State as . and when each
 ---pagebreak--- No L 327 / 16                                  Official Journal of the European Communities                                          6 . 12 . 85
of its additional shares is almost used up , and repeated as                     Economic Union , any operation relating to the
many times as the reserve allows ; whereas the initial and                       administration of the quota shares allocated to that
additional shares must be valid until the end of the quota                       economic union may be carried out by any of its
period; whereas this method of administration requires                           members ,
close cooperation between Member States and the
Commission , and the latter must be in position to monitor
the extent to which the quota volume has been used up and
to inform the Member States ;                                                    HAS ADOPTED THIS REGULATION :
Whereas , if at a given date in the quota period a substantial
quantity of an initial share remains unused in any Member
State , it is essential that that Member State should return a                                               Article 1
significant proportion to the reserve , to prevent a part of
any Community quota from remaining unused in one                                 1 . From 1 January to 31 December 1986 , Common
Member State when it could be used in others ;                                   Customs Tariff duties , on import into the Community of
                                                                                 Ten , in respect of the following products originating in
Whereas , since , the Kingdom of Belgium , the Kingdom of                        Cyprus shall be suspended at the levels shown below within
the Netherlands and the Grand Duchy of Luxembourg are                            the limits of a Community tariff quota of 10 000
united within and jointly represented by the Benelux                             hectolitres :
                      CCT
                                                                                                                        Rate of
                    heading                                          Description
                       No
                                                                                                                          duty
                     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 per
                                                                                                                            hi
                                     II . 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 volume of 15 % vol                  4,2 ECU per
                                                                                                                            hi
2 . The wines in question shall be subject to compliance                         3 . The second instalment , amounting to 2 000 hectolitres ,
with the free-at-frontier reference price . In order that such                   shall constitute the reserve .
wines may benefit from this tariff quota Article 18 of
Regulation ( EEC ) No 337 / 79 must be complied with .
                                                                                                              Article 3
                              Article 2
                                                                                 1.  If 90 % or more of a Member State's initial share as
1 . The Communitiy tariff quota referred to in Article 1                         specified in Article 2 ( 2 ), or 90 % of that share minus the
shall be divided into two instalments .                                          portion returned to the reserve where Article 5 has been
                                                                                 applied, has been used up , then, to the extent permitted by
2 . A first instalment , amounting to 8 000 hectolitres , shall                  the amount of the reserve , that Member State shall
be allocated among the Member States ; the shares which ,                        forthwith , by notifying the Commission , draw a second
subject to Article 5 , shall be valid until 31 December 1986                     share equal to 15 % of its initial share , rounded up where
shall be as follows :                                                            necessary to the next unit .
                                                       (hectolitres)             2 . If, after its initial share has been used up , 90 % or
         Benelux                                             10                  more of the second share drawn by a Member State has
         Denmark                                            380                  been used up , then that Member State shall , in accordance
         Germany                                            540                  with the conditions laid down in paragraph 1 , draw a third
         Greece                                              10                  share equal to 7,5 % of its initial share, rounded up where
         France                                              10                  necessary to the next unit.
         Ireland                                            340
         Italy                                               10                  3 . If, after its second share has been used up , 90 % or
         United Kingdom                                   6 700                  more of the third share drawn by a Member State has been
 ---pagebreak--- 6 . 12 . 85                              Official Journal of the European Communities                              No L 327 / 17
 used up , that Member State shall , in accordance with the         It shall inform the Member States , not later than 5 October
conditions laid down in paragraph 1 , draw a fourth share            1986 of the amount in the reserve after quantities have
equal to the third .                                                been returned thereto pursuant to Article 5 .
This process shall continue until the reserve is used up .          It shall ensure that the drawing which exhausts the reserve
                                                                    does not exceed the balance available and , to this end ,
4 . By way of derogation from paragraphs 1 , 2 and 3 , a            notify the amount of the balance to the Member State
Member State may draw shares smaller than those fixed in            making the last drawing .
those paragraphs if there are grounds for believing that
they might not be used up . It shall inform the Commission
of its reasons for applying this paragraph .                                                    Article 7
                                                                    1 . The Member States shall take all measures necessary to
                                                                    ensure that additional shares drawn pursuant to Article 3
                           Article 4                                are opened in such a way that imports may be charged
                                                                    without interruption against their accumulated shares of
The additional shares drawn pursuant to Article 3 shall be          the Community quota .
valid until 31 December 1986 .
                                                                    2 . The Member States shall ensure that importers of the
                                                                    products in question have free access to the shares allocated
                                                                    to them .
                           Article 5
                                                                    3 . The extent to which a Member State has used up its
Member States shall return to the reserve , not later than
                                                                    share shall be determined on the basis of imports of the
1 October 1986 , such unused portion of their initial share         products in question entered with the customs authorities
                                                                    for free circulation .
as , on 15 September 1986 is in excess of 20 % of the initial
volume . They may return a larger quantity if there are
grounds for believing that this quantity may not be used .                                      Article 8
The Member States shall notify the Commission , not later           At the Commission's request , the Member States shall
than 1 October 1986 , of the total quantitites of the               inform it of imports of the products concerned actually
products in question imported up to 15 September 1986               charged against their shares .
and charged against the tariff quota and of any quantity of
the initial shares returned to the reserve .
                                                                                                Article 9
                                                                    The Member States and the Commission shall cooperate
                           Article 6                                closely in order to ensure that this Regulation is complied
                                                                    with .
The Commission shall keep an account of the shares
opened by Member States in accordance with Articles 2
and 3 and , as soon as it is notified , shall inform each                                      Article 10
Member State of the extent to which the reserve has been
used up .                                                           This Regulation shall enter into force on 1 January 1986 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 18 November 1985 .
                                                                                           For the Council
                                                                                            The President
                                                                                           M. FISCHBACH