CELEX: 51980PC0138
Language: en
Date: 1980-03-27
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for port wines, falling within heading No ex 22.05 of the Common Customs Tariff, and ori ginating in Portugal (1980/81)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for Madeira wines, falling within heading No ex 22.05 of the Common Customs Tariff, and originating in Portugal (1980/81)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for Setubal muscatel wines, falling within heading No ex 22.05 of the Common Customs Tariff, and originating in Portugal (1980/81)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 138
Vol. 1980/0044
 ---pagebreak--- Disclaimer
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(80)138 final
                                                Brussels , 27 March 1980
                             Proposal for a
                       COUNCIL REGULATION ( EEC )
       opening , allocating and providing for the administration
       of Community tariff quotas for port wines , falling within
       heading No ex 22.05 of the Common Customs Tariff , and ori
                       ginating in Portugal     ( 1980 / 81 )                      s
                                                                             A     *    .     .   'A
                                                               /vi :                            „   :A
                                                                                     *
                                                              I (»q                   S?
                                                                      m
                             Proposal for a
                         COUNCIL REGULATION ( EEC )                             --          ■
       opening , allocating and providing for the administration adminstraion administration !
      of Community tariff quotas for Madeira wines , falling
       within heading No ex 22.05 of the Common Customs Tariff ,
             and originating in Portugal        ( 1980 / 81 )
                             Proposal for a
                          COUNCIL REGULATION ( EEC )
      opening , allocating and providing for the administration
      of Community tariff quotas for Setubal muscatel wines ,
       falling within heading No ex 22.05 of the Common Customs
          Tariff , and originating in Portugal ( 1980 / 81 )
C0M(80 ) 138 final
 ---pagebreak---                               EXPLANATORY MEMORANDUM
                                                 1
1 . Article 9 of the Supplementary Protocol to the Agreement of 1972 between
    the European Economic Community and the Portuguese Republic , provides
    for the opening of Community tariff quotas for the wines listed below :
Conmon   Customs              . . .    >    .        Annual     Rate    of
                        Description of goods           .           ,
Tariff   heading                                     volume     reduction
ex 22.05 C III a ) 1     Port wines                  100 000 hi      60 %
ex 22.05 C IV    a) 1    - in containers holding
                            two litres or less
ex 22.05 C III b ) 1 Port wines               #      160 000 hi      50 %
ex 22.05 C IV    b ) 1 , - in containers holding
                          more than two litres.
ex 22.05 C III a ) 1     Madeira wines                 4 000 hi      60 %
ex 22.05 C IV    a) 1    - in containers holding          -
                            two litres or less
ex 22.05 C III b ) 1     Madeira wines                14 500 hi      50 %
ex 22.05 C IV    b) 1    - in containers holding
                            more than two litres
ex 22.05 C III a ) 1     Setubal muscatel wines        2 000 hi      60 %
ex 22.05 C IV    a) 1    - in 'containers holding           .
                            two litres or less
ex 22.05 C III b ) 1     Setubal" muscatel wines       1 000 hi      50 %
ex 22.05 C IV    b) 1    - in containers holding
                            more than two litres
 ---pagebreak--- These wines are subject to provision relating to the common organi­
zation of the market  in wine .
In order to meet the Community 's obligations to Portugal from 1.7.1980
regulations have to be adopted providing for the opening , allocation
and administration of these Community tariff quotas .
The Regulations provide , in the normal way , that each of the volumes
shall be divided into two instalments , the first of which is to be
allocated among the Member States and the second held as a reserve .
The allocation of the first instalment is usually based on statistics for
the three preceding years and on forecasts for the period in question .
In the absence of specific Community statistics for these wines the ini­
tial quotas' have been calculated on the basis of the most recent sta­
tistics for Portuguese exports from 1976 to 1978 . The Portuguese sta - ,
tistics can in fact be considered to give a rough picture of Community
imports in the wines in question .      .
Owing to the special characteristics of the trade in these wines , which
also differ between Member States , the regulation, exceptionally , does
not establish a uniform method of administration .
Annex : 3 proposals for Regulations of the Council
 ---pagebreak---                           IMPORTS OF WINES ORIGINATING IN PORTUGAL
                             ( based on Portuguese     statistics )
- Port   wines
                       in containers ^         2 Litres           in  containers   > 2 litres
                    1976              1977       1978           1976          1977 .        1978
 Bénélux            21  230        28 594     32   763        39 206        50 950       52 596
 Denmark             7  408           8 022    9   187        17 423        15 576       14 704
 Germany            13  129        13 182     18   360        16 107        25 742       18 530
 France             42  976        52 206     81   499       116 485       140 015     124 212
 Ireland                259             674        678         1 547           184           101
 Italy              21 842         23 739     27 109
 United Kingdom     12 584         16 857     22 873          59 661        65 729       67 871
     EEC           119 428        143 274    192 469         250 429      298   196    278    014
 " Madeira wines  '
 Bénélux                107             149       186     Γ    3 754         4 852        4  372
  Denmark               186             138         97         4 469         3 595        3  135
 Germany                 58              90        141         5 288         7 059        6  324
  France                273              31      ' 47         13 174        14.011      16   458
  I reland                 8             20                        13            8             8
  Italy                  52         • /
                                        162       134
 United Kingdom          72              91         69         3 556         4 047        3 296
     EEC                756             681       674         30 254        33 572      33 593
  - Setubal muscateL wines                                                                *
 Bénélux                                   1         6
 Denmark ,                 5               1         6
 Germany
 France                                    5        28
 Ireland
 Italy                     1
 United Kincdom                          11         60
     EEC                   6             18       AQ0
 ---pagebreak---                                                                                        ANNEX       A
                                                   PROPOSAL - F O R       A
                                      COUNCIL REGULATION ( EEC)
                 opening, allocating and providing for the administration of Community tariff quotas for
                 port wines, falling within heading No ex 22.05 of the Common Customs Tariff and
                                               originating in Portugal (1980 / 81 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article;
 1 13 thereof,
Having regard to the proposal from the Commission,
Whereas Article 9 of the Supplementary Protocol W ) annexed to the Agreement
between the European Economic Community and the
Portuguese Republic        ("2.) ,
                                                  provides
that customs duties on imports into the Community of
certain wines originating in Portugal shall be reduced:                                   < -
– by 60% in the case of the duties applicable to port
      wines falling within subheadings ex 22.05 C III a) 1
      and ex 22.05 C IV a ) 1 of the Common Custom's
      Tariff, up to a total annual tariff quota of 1 00 000
      hectolitres, and
– by 50% in the case of the duties applicable to port
      wines falling within subheadings ex 22.05 C IU b) 1
      and ex 22.05 C IV b) 1 of the Common Customs
      Tariff up to a total annual tariff quota of 2<S0 000
      hectolitres ;
  Whereas Portugal has given an assurance that the price for wines
  originating in its territory will not be lower thar, the .
     reference price less the .customs duties actually charge#;
  whereas, as a result thereof, the wines covered by those ta­
  riff quotas should be treated in the same manner as wines
  granted preferential tariff concessions , provided the                               -
  f ree -at - f ront ier reference price is observed ; whereas such
  wines ■            benefit from the tari ff concessions only if the provisions
  of Article 18 of Regulation ( EEC ) No 337 / 79 (^) are respected ;
  whereas those provisions                           apply to imports under those
  quotas ;
   M ) 0J No . L                                   ^
  ■( 3 ) 0J No . L 301 , 31 . 12.1972 , p. 165 .
   ( 2») 0J No . L 54 , 5.03.1979 , p. 1 .
 ---pagebreak--- Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access
to the abovementioned quotas and uninterrupted
application of the rates laid down for these quotas to all
imports of the products concerned into all Member
States until the quotas have been used up; whereas,
having regard to the above principles, the Community
nature of the quotas can be respected by allocating the
Community tariff quota among the Member States;
whereas, in order to reflect as accurately as possible the
actual trend of the market in the products concerned,
such allocation should be in proportion to the
requirements of the Member States, calculated by
reference to the statistics of each State's imports of the
said products from Portugal over a representative
reference period and also to the economic outlook for
the quota period in question;
Whereas available Community statistics give no
information on the situation of Madeira wines on the
markets; whereas, however, Portuguese statistics for
exports of these products to the Community - during the
past few years can be considered to reflect
approximately the situation of Community imports;
whereas on this basis the corresponding imports by each
of the Member States during the past three years
represent the following percentages of the imports into
the Community from Portugal of the products
concerned:
 ---pagebreak---                                                          1977
  Port wines :
  – in containers holding two litres
       or less :
       – Benciux                                  17-8  20-0
       – Denmark                                    6-2   5:6
       – Germany                                  110     9-2
       – France                                   360   363
       – Ireland ^                                  0-2   0-5
       – Italy                                    18-3   16-6
       – United Kingdom                           10-5   118
  – in containers holding more the
        two litres :
       •– Benciux                                 15-7   17-1
       – Denmark                                    70    5-2
       – Germany                                    6-4   8-6
       –   rrance                                 46-5  47-0
       – Ireland                                    0-6   0-1
       – Italy                                      0-0
       – United Kingdom                           23-8  22-0
  Whereas, in view of these factors and of the estimates
. submitted by certain Member States, initial quota shares
  may be fixed approximately at the following
  percentages :
                                     Port wines in containers holding:
              Member States       |□twoor lesslitres J!    more than
                                                           two litres
                                       18.2                    17.3
  Bénélux
                                       5.4                      *5.7
  Denmark
 Germany                               9.8                       7.3
  rrance                              38.7                     46.0
  Ireland                               0.4                       0.2
  Italy                               16.0                        0.1
  United Kingdom                      11 . 5                   23.4
  Whereas, in order to take into account import trends
  for the products concerned in the various Member
 States, each of the quota volumes should be divided into
  two instalments, the first being allocated 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 degree of security, the first instalment of the
  Community- quotas should, under the present
  circumstances, be fixed at 8 0% of each of the quota
  volumes ;      -
 Whereas the initial quota shares of the Member States
  may be used up at different times; whereas, in order to
  take this fact into account and avoid any break in
  continuity , any Member State which has almost used up
  its initial quota shares should draw an additional quota
  share from the correspond! rig reserve ; v/nereas this must
  be done bv each Member State as and when each of its
 ---pagebreak---                            _ L   -
                                           .                            ANNEX A
additional shares is almost used up, and repeated as
many times as the reserve allows; whereas the initial
and additional quota shares must be valid until the end
of the quota period; whereas this method of
administration requires close cooperation between the
Member       States     and   the     Commission,         and    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
considerable quantity of an initial share remains unused
in any Member State, it is essential that that Member
States should return a significant proportion to the
reserve to prevent a part of the Community quota from
remaining unused in one Member State when it could
be used in others ;
Whereas, since the Kingdom of Belgium, the Kingdom
of the ■ Netherlands and the Grand Duchy of
Luxembourg are united within and jointly represented
by the Benelux Economic Union, any operation relating
to the administration of the quota shares allocated to
that economic union may be carried out by any one of
 its members,
HAS ADOPTED THIS REGULATION :
                             Article 1
 1 . From 1 July          1980to 30 June 1981, Community
 tariff quotas shall be opened for products originating in
 Portugal, within the limits set out below:
                                                                   (ht)
      CCT heading No          Description           Quota amount
 ex 22.05 C III a ) 1
                           j Port wines                100 000
 ex 22.05 C IV a) 1
 ex 22.05 C III b) 1       \ Port wines        >       260 000
 ex 22.05 C IV b) 1
  2 . The Common Customs Tariff duties on wines
  imported within these tariff quotas shall be suspended
  at the rates set out below: .
            CCT heading No                   R.ltc «»f JlMt ( ECUjht )
  ex 22.05 C  III a) 1                                   6.5
  ex 22.05 C  IV a ) 1                                   7.0
  ex 22.05 C  III b) 1                                   6.6
  ex 22.05 C  IV b)   1                                   7.2
 ---pagebreak---                                       - 5 -                                      ANNEX A
3 . The wines shall benefit from these tariff
quotas only if the provisions of Article 18 ( 3 )
and ( 4 ) of Regulation ( EEC) No 337 / 79 are respec -
ted .
                         Article 2
1 . The tariff quotas referred to in Article 7
shall be divided into two instalments .
2 . The first instalment of each quota shall be al­
located among the Member States ; the respective
shares , which subject to Article 5 shall be valid until
    30 June 1981 , shall be as follows :
                                                                             (M)
                                                Port wines falling within
                                                    . subheadings :
                    Member States         ex 22.05 C IU a) 1 1 ex 22.05 C m b) l
                                                 and         I        and
                                          ex 22.05 C IV a) il ex 22.05 C fV b) 1
                                                               I
         Bénélux                              14 560           I 35 980
         Denmark                                4 320            11 860
         Germany                                7 840            15 180
        .rrance                              30 960 Iι 95 680
         Ire and                                    320                 420
         Italy                               12 800                     210
         United Kingdom                        9 200             48 670
                                Toral        80 000 208 000
    (b) The second instalment                                      * of each
          quota, namely 20 000 and 52 000 hectolitres
           respectively, shall constitute the corresponding
          reserve .
                                  Article 3
     1.   If 90% or more of one of the Member State's initial
    shares as specified in Article 2 (2), or of that share
    minus the portion returned to the reserve where Article
    5 is applied, 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.
 ---pagebreak---                                                                  - 6 -
                                                                                                                ANNEX A
                                                                                                     Article 6
2. If, after one of its initial shares has been used up,
9()"<> or more of the second share drawn by a Member                     The Commission shall keep an account of the shares
State has been used up, then, to the extent permitted by                  opened by the Member States pursuant to Articles 2 and
the amount of the reserve, that Member State shall, in                    3 and shall, as soon as it is notified, inform each State '
accordance with the conditions laid down in paragraph                     of the extent to which the reserves have been used up.
1 , draw a third share equal to 7-5% of its initial share,
rounded up where necessary to the next unit.
                                                                          It shall, not later than 5 April 198 \ inform the Member
                                                                          States of the amount in each reserve after quantities
                                                                          have been returned thereto pursuant to Article 5 .
3 . If, after one 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                      The Commission shall ensure that any drawing which
accordance with the conditions laid down in paragraph                     uses up any reserve is limited to the balance available
 1 , draw a fourth share equal to the third.                              and, to this end, shall specify the amount thereof to the
                                                                          Member State which' makes the last drawing.
This process shall continue until the reserve is used up.
                                                                                                     Article 7
                                                                          1 . The Member States shall take all measures necessary
4. By way of derogation from paragraphs 1 , 2 and 3 , a                   to ensure that additional shares drawn pursuant to
Member State may draw shares smaller than those fixed
                                                                          Article 3 are opened in such a way that imports may be
in those paragraphs if there is reason to believe that
                                                                          charged without interruption against their accumulated
these might not be used up. It shall inform the
Commission of its reasons for applying this paragraph.                    shares of the Community quotas.
                                                                          2. The Member States shall ensure that importers of
                                                                          the products concerned established in their territory
                                                                          have free access to the shares allocated to them.
                           Article 4 .
                                                                          3 . The extent to which a Member State has used up its
  Each of the additional shares drawn pursuant to Article                 shares shall be determined on the basis of the imports of
 3 shall be valid until 30 June 198 1                                     the products concerned originating in Portugal as and .
                                                                          when the goods are entered with customs authorities for
                                                                           free circulation .
                           Article S
                                                                                                     Article 8
  Member States shall return to the reserve, not later than
  1 April . 1981 , the unused portion of their initial share              At the request of the Commission, Member States shall
  which, on 1 5 March 1981 ,is in excess of 20% of the                   inform it of imports of the products concerned actually
  initial volume. They may return a larger quantity if                    charged against their shares.
  there are grounds for believing that it might not be
  used.
                                                                                                    Article 9
  Each Member State shall, not later than 1 April 1981/                  The Member States and the Commission shall cooperate
  notify the Commission of the total quantities of the                    closely in order to ensure that this Regulation is
  products concerned imported up to 15 March 1981                        complied with.
  inclusive and charged against the Community quotas
  and of any quantities of the initial shares returned to
  each reserve.                                                                                     Article A 0
                                                                         This Regulation shall enter into force on 1 July
                                                                         1980 .       '
                    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 B
                                                 PROPOSAL FOR A
                                        COUNCIL REGULATION (EEC) .
                  opening, allocating and providing for the administration of Community tariff quotas for
                  Madeira wines, falling within heading No ex 22.05 of the Common Customs Tariff and
                                              originating in Portugal ( 1 980 / 81 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article*                                   N        -
113 thereof,                        (             •
Having regard to the proposal from the Commission,
    I
                             IcoL^Z^^d^e01-^01 ™ annexed to the Agreement
Portuguese Republic             -
                                                    provides
that customs duties on imports into the Community of
certain wines originating in Portugal shall be reduced:
– by 60% in the case of the duties applicable to
       Madeira wines falling within subheadings ex 22.05
       C till a) 1 and ex 22.05 C IV a) 1 of the Common
       Customs Tariff, up to a total annual tariff quota of
       4000 hectolitres, and .        , _
– by 50% in the case of the duties applicable to
       Madeira wines falling within subheadings ex 22.05
       C III b) 1 and ex 22.05 C IV b) 1 of the Common
       Customs Tariff up to a total annual tariff quota of
       14 500 hectolitres;
 Whereas Portugal has given an assurance that the price for wines
 originating in its territory will not be Lower tha*rt the f
 .• reference price Less the customs duties actually charger';
 whereas,, as a result thereof/- the wines covered by those ta­
  riff quotas should be treated in the same manner as wines
 granted preferential tariff concessions, provided the
  free - at - frontier reference price is observed ; whereas such -
 wines                 benefit from the tariff concessions only if the provisions
 of Article 18 of Regulation ( EEC ) No 337 / 79                                   are respected ;
 whereas those provisions _                          ' apply to imports under these
 quot.3£ ;
      (A ) CJ No . L T**, -^o /T2. /n                 ^ ^
      (2) 0J No . L 301 , 31.12.1972 , p. 165
      O) 0J No . L 54 ,. 5.3 . 1979 , p. 1 .
 ---pagebreak---                            - 2 -                             ANNEX B
  Whereas it is in particular necessary to ensure for ail
  Community importers equal and uninterrupted access
■ to the abovementioned quotas and uninterrupted
  application of the rates laid down for these quotas to all
  imports of the products concerned into all Member
. States until the quotas have been used up ; whereas,
  having regard to the above principles, the Community
  nature of the quotas can be respected by allocating the
  Community tariff quota among the Member States;
  whereas, in order to reflect as accurately as possible the
  actual trend of the market in the products concerned,
  such allocation should be in proportion to the
  requirements of the Member States, calculated by
  reference to the statistics of each State's imports of the
  said products from Portugal over a representative
  reference period and also to the economic outlook for
  the quota period in question;
  Whereas available Community statistics give no
  information on the situation of Madeira wines on the
  markets; whereas, however, Portuguese statistics for
  exports of these products to the Community during the
  past few years can be considered to reflect
  approximately the situation of Community imports;
  whereas on this basis the corresponding imports by each
  of the Member States during the past three years
  represent the following percentages of the imports into
  the Community from Portugal of the products
  concerned :
 ---pagebreak---                                - 3 -
                                                                      ANNEX B
                                                   1976     1977      1978
     Madeira wines :
    – in containers holding two litres
          or less :
                                                                     • 27.6
         – Bénélux                                 142     21-9
          – Dcnmark                             ! 24-6      20-3         14.4
         – Germany                                  77      13-3         20.9
         –    rrance   •                        ; 361        4-5           7.0-
         – Ireland                                   1-0     2-9           0.0
         – Italy                                    6-9    23-8          19.9
         – United Kingdom _                         9-5     13-4
                                                                         10.2 ;
    – in containers holding more than
         two litres :
                                                                         1 ^^
         – Bénélux                                12-4     14-5            η   τ
                                                                           7 • J
         – Dcnmark                                14-8     10-7
         – Germany                                17-5     210            18 .»  ;
         – France                                 43-4     41-7         49.1 i
         – Ireland                                  01
         – Italy
         – United Kingdom                     j   118      121             9.8 |
    Whereas, in view of these factors and of the estimates
    submitted by certain Member States, initial quota shares
    may be fixed approximately at the following
    percentages :
                                       Madeira wines in containers holding:
                 Member States
                                         two litres          more than
                                     |    or less        J    two litres
    Bénélux                               20.8                13.3
    Dcnmark                               20.0                11.5
    Germany                               13.6                19.1
    France                                16.4               44.7
    Ireland                                  1.7                0.1
    Italy                                 16.4                  0.1
    United Kingdom
                                          11 .1               11.2
   Whereas, in order to take into account import trends
   for the products concerned in the various Member
   States, each of the quota volumes should be divided into
   two instalments, the first being allocated 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 degree of security, the first instalment of the
   Community quotas should, under, the present
   circumstances, be fixed at 90% of each of the quota
   volumes ;
   Whereas the initial quota shares of the Member States
   may be used up at different times; whereas, in order to
   take this fact into account and avoid any break in
' continuity, any Member State which has almost used up
   its initial quota shares should draw an additional quota
   share from the corresponding reserve ; whereas this must
   be done by each Member Stare as and when each of its
 ---pagebreak---                                                                         ANNEX B
   additional shares is almost used up, and repeated as
   many times as the reserve allows; whereas the initial
   and additional quota shares must be valid until the end
   of the quota period; whereas this method of
   administration requires close cooperation between the
   Member States and the Commission, and 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
   substantial quantity of an initial share remains unused
  in any Member State, it is essential that that Member
  State should return a significant proportion to the
  reserve to prevent a part of any Community quota from
  remaining unused in one Member State when it could
  be used in others;
  Whereas, since the Kingdom of Belgium, the Kingdom
  of the Netherlands and the Grand Duchy of
  Luxembourg are united within and jointly represented
  by the Benelux Economic Union, any operation relating
  to the administration of the quota shares allocated to
  that economic union may be carried out by any one of
  its members,
  HAS ADOPTED THIS REGULATION:
                             Article 1
  1 . From 1 July 1 980to 30 June 19$ /■ Community
 tariff quotas shall be opened for products originating in
 Portugal, and within the limits set out below:
                                                              (hii
        CCT heading No        Description        Quota amount
      !                  i
 ex 22.05 C III a) I
 ex 22.05 C IV a) I        | Madeira wines        4 000
ex 22.05 C III b) 1
 ex 22.05 C IV b) I        | Madeira wines      14 500
2. The Common Customs Tariff duties on wines
 imported within these tariff quotas shall be suspended
at the rates set out below:
            CCT heading No                 Raie of duty  ( ECU / hl )
ex 22.05 C III a) 1                        6.5
ex 22.05 C IV a) 1                         7.0
ex 22.05 C III h) 1                        6.6
ex 22.05 C IV b) 1                         7.2
 ---pagebreak---                                - 5      -                                      ANNEX B
3 . The wines shall benefit from these
tariff quotas only if the provisions of
Article 18 ( 3 ) and ( 4 ) , of Regulation ( EEC )
No . 337 / 79              are respected .
                            Article 2                                            .  >
 1 . The tariff quotas referred to in Article 1 shall be
divided into two instalments.
2. The first instalment of each quota shall be allocated
among the Member States; the respective shares, which
subject to Article 5 shall be valid until 30 June 198^, ■
shall be as follows:
                                                                           (M)
                                         Madeira wine s     falling wirhin
                                                 subhe aa:ncs :
            Member States          j ex 22.05 C UI a) 1 ]I ex 22.05 C in b) 1
                                            and          I          and
                                     ex 22.05 C IV a) 1 1 ex 22.05 C IV b) 1
                                                         ι
 Bcne ux                                   750                    1 730
 Denmark                                   720                    1 500
 Germany                                   490           ι       2 480
 France
                                           590                    5 800
 Ireland
                                             60                         15
 Italy                                     590                          15
United Kingdom
                                           400                   1 460
                       Total          3 600               I   13 000
3 . The second instalment of each quota, namely .400
and 1 500 hectolitres respectively, shall constitute the
reserve .
                           Article 3
1.    If 90% or more of one of a Member State's initial
shares ?s specified in Article 2 (2), or of that share
minus the portion returned to the reserve where Article
5 is applied, 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 seend share equal to 15% of its initial share,
rounded up where necessary to the next unit.
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
the amount of the reserve, that Member State shall, in
accordance with the conditions laid down in paragraph
 ---pagebreak---                          - 6 -                             ANNEX B
1 , draw a third share equal to 7-5% of its initial share,
rounded up where necessary to the next unit.
3 . If, after one 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 the conditions laid down in paragraph
1 , draw a fourth share equal to the third.
This process shall continue until the reserve is used up.
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
they might not be used up. It shall inform the
Commission of its reasons for applying this paragraph.
                          Article 4
Each of the additional shares drawn pursuant to Article
3 shall be valid until 30 June 198 1 • '
                          Article 5
Member States shall return to the reserve, not later than
1 April 198-1 ySuch unused portion of their initial share
as, on 15 March 198 1 AS in excess of 20% of the initial
volume. They may return a larger quantity if there are
grounds for believing that it might not be used.
           I
Each Member State shall, not later than 1 April 198 1 ^
notify the Commission of the total quantities of the
products concerned imported up to 15 March 198^ /
inclusive and charged against the Community quotas
and of any quantities returned to the reserve.
                          Article 6
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and .
3 and shall, as soon as it is notified, inform each State
of the extent to which the reserves have been used up.
It shall, not later than 5 April 1981 , inform the Member
States of the amount in each reserve after quantities
have been returned thereto pursuant to Article 5.
The Commission shall ensure that any drawing which
uses up any reserve is limited to the balance available
and, to this end, shall specify the amount thereof to the
Member State which makes the final drawing.
 ---pagebreak---                                                           - 7 -                                       ANNEX B
                        Article 7                                                        Article 8
1 . The Member States shall take all measures-necessary          At the request of the Commission, Member States shall
to ensure that additional shares drawn pursuant to               inform it of imports of the products concerned actually
Article 3 are opened in such a way that imports may be           charged against their shares.
charged without interruption against their accumulated
shares of the Community tariff quotas.
                                                                                         Article 9
2. The Member States shall ensure that importers of              The Member States and the Commission shall cooperate
the products concerned established in their territory            closely in order to ensure that this Regulation is
have free access to the shares allocated to them.                complied with.
3 . The extent to which a Member State has used up its                                  Article 10
shares shall be determined on the basis of the imports of
the products concerned originating in Portugal and               This Regulation shall enter into force on 1 J U L y
entered with customs authorities for free circula­              1980 .
 tion .
              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 C
                                             PROPOSAL FOR A
                                    COUNCIL REGULATION (EEC)
              opening, allocating and providing for the administration of Community tariff quotas for
              Setubal muscatel wines, falling within heading No ex 22.05 of the Common Customs Tariff
                                         and originating in Portugal '( 198 0 / 81 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES, -
Having regard to the Treaty establishing the European
Economic Community, and in particular Article.
113 thereof,
Having regard to the proposal from the Commission,
Whereas Article 9 of the Supplementary Protocol (-1 ) annexed to the Agreement
between the European Economic Community and the                                          .          .
Portuguese Republic ( 2 ) as amended by the Interim
Agreement between          the European Economic
Community and the Portuguese Republic (3), provides                                                   ;
that customs duties on imports into the Community of
certain wines originating in Portugal shall be reduced:
– by 60% in the case of the duties applicable to
    Setubal muscatel wines falling within subheadings
    ex 22.05 C III a ) 1 and ex 22.05 C IV a) 1 of the
    Common Customs Tariff, up to a total annual tariff
    quota of 2000 hectolitres, and
                                                                                             -          . /
– by 50% .in the case of the duties applicable to
    Setubal muscatel wines falling within subheadings                                <
    ex 22.05 C III b) 1 and ex 22.05 C IV b) 1 of the                                      /
    Common Customs Tariff up to a total annual tariff           -
    quota of 1000 hectolitres;
  Whereas Portugal has enven an assurance that the price for wines ^
   originating in its territory will not be lower thai the . ^
     reference price less the customs duties actually charged ; .
   uhereas/ ds a result thereof, the wines covered by those ta­
   riff quotas should be treated in the same manner as wines
   granted preferential tariff concession ^ provided the
   f ree -at - f rontier reference price is observed ; whereas such
   wines            benefit from the tariff concessions only if the provisions
   of Article 18 of Regulation ( EEC ) No 337 / 79 ( 3) are respected ;
   whereas those provisions .                         3pply to imports under those
   quotas ;
      ( 1 ) 0J No . L            S/l .
      ( 2 ) 0J No . L 301 , 31.12.1972 , p . 165 ,
      O) 0J No . L 54 , 5.03 . 1979 , p .                   1.
 ---pagebreak---                     - 2 -
                                                         ANNEX C
Whereas it is in particular necessary to ensure for all
 Community importers equal and uninterrupted access
 to the abovementioned quotas and uninterrupted
application of the rates laid down for these quotas to all
imports of the products concerned into all Member
States until the quotas have been used up; whereas,
having regard to the above principles, the Community
nature of the quotas can be respected by allocating the
Community tariff quota among the Member States;
whereas, in order to reflect as accurately as possible the
actual trend of the market in the products concerned,
such allocation should be , in proportion to the
requirements of the Member States, calculated by
reference to the statistics of each State's imports of the
said products from Portugal over a representative
reference period and also to the economic outlook for
the quota period in question;
Whereas available Community statistics give no
information on the situation of Setubal muscatel wines
on the markets; whereas, however, Portuguese statistics
for exports of these products to the Community during
the past few years can be considered to reflect
approximately the situation of Community imports;
whereas on this basis the corresponding imports by each
of the Member States during the past three years
represent the following percentages of the imports into
the Community from Portugal of the products
concerned :                                '
 ---pagebreak---                                                                                                    ANNEX     C
                                                                        shares is almost used up, and repeated as many times as
                                        I ι,7< 1    1977       1978 !
                                                                      i the reserve allows ; whereas the initial and additional
      :
                                                                        quota shares must be valid until the end of the quota
Setubal muscatel wines :
                                                                        period; whereas this method of administration requires
– in containers holding                                                 close cooperation between Member States and the
     two litres or less:                                                Commission, and the Commission must be in a position
                                                        6         13
     – Bcnclux                                                          to monitor the extent to which the quota volumes have
     – Denmark                             83           6
                                                                        been used up and inform the Member States thereof;
     – Germany                                                 37
     –   rrnnce                                      28        13
     – Ireland                                                          Whereas if, at a given date in the quota period, a
     – Italy                                17                          substantial quantity' of an initial share remains unused
     – United Kingdom                                60        37       in any Member State, it is essential that that Member
                                                                        State should return a significant proportion to the
– in containers holding
     more than two litres :                                             reserve to prevent a part of any Community quota from
     –« Bénélux
                                                                        remaining unused in one Member State when it could
     – Denmark                                                          be used in others ;
     – Germany
     – France
     – Ireland
                                                                        Whereas, since the Kingdom of Belgium, the Kingdom
     – Italy                           I                                of the Netherlands and the Grand Duchy of
     – United Kingdom                                                   Luxembourg are united within and jointly represented
                                                                        by the Benelux Economic Union, any operation relating
                                                                        to the administration of the quota shares allocated to
Whereas, in view of these factors and of the estimates
                                                                        that economic union may be carried out by any one of
                                                                        its members,
submitted by certain Member States, initial quota shares
may be fixed approximately at the following
percentages :                                                       ,
                                Setubal muscatel wines in containers
                                               holding:
            Member States
                                   two litres
                                    or less       Imorc than
                                                        two litres      HAS ADOPTED THIS REGULATION :
 Bénélux                              20                  20
 Denmark                                 5                 5                /
Germany                               20                  20                                          Article 1
 rrance                               20                  20      .
 Ire and                                 5                 5             1 . From 1 July 1 980 to 30 June 1981 /Community
Italy                                 10                  10
                                                                        tariff quotas shall be opened for products originating in
 United Kingdom                       20                  20
                                                                        Portugal, and within the limits set out belowi
                                                                                                                                          (M)
Whereas, in order to take into account import trends .                        CCT heading No           Descnmon              Quota amount
 for the products concerned in the various Member
States, each of the quota volumes should be divided into
two instalments, the first being allocated among the                    ex  22.05  C  III a) 1    1 Setubal muscatel
                                                                                                                              2 000
Member States and the second constituting a reserve to                  ex  22.05  C  IV  a)  1   I wines­
cover at a later date requirements of Member States                     ex  22.05  C  III b)  1   } Setubal muscatel
                                                                        ex  22.05  C  IV  b)  1   j wines                 ' 1 000
which have used up their initial 'quota shares; whereas,
in order to give importers in each Member State a
certain degree of security, the first instalment of the
                                                                        2. The Common. Customs Tariff duties on wines
Community quota should, under the present
circumstances, be fixed at 50% of each of the quota                     imported within hese tariff quotas shall be suspended
volumes ;         ,                                                     at the rates set out below:
Whereas the Member States' initial shares r.iay be used                           CCT heading N-1
                                                                                                           I
                                                                                                                   .  Ra -e o : dutv
                                                                                                                     escu /At )
                                                                                                                                     _
up at different times; whereas, in order to take this fact
into account .and avoid any break in con * nuity, any                   ex  22.05  C III a)  i                          6.5
Member State which has almost used up its iririal quota                 ex  22.05  C IV a)   1                          1:2 ■
shares should draw an additional share from the                         ex  22.05 C  III b)  1
corresponding reserve; whereas this must be done by                                                                     7.2
                                                                        ex  22.05  C IV b)   I
each Member State as and when each of its additional
 ---pagebreak---                                                                                                             ANNEX    C
                                                                               1 , draw a third share equal to 7-5% of its initial share,
                                                                               rounded up where necessary to the next unit.
 3 . The wines shall benefit                            from
 these tariff quotas only if the                                                3 . If, after one of its second shares has been used up,
 provisions of Article 18 ( 3 ) and                                             90% or more of the third share drawn by a Member
 ( 4 ) of Regulation ( EEC ) No . 337 / 79                                      State has been used up, that Member State shall, in
 are respected .                                                                accordance with the conditions laid down in paragraph
                                                                                1 , draw a fourth share equal to the third.
                                                                               This process shall continue until the reserve is used up.
                            Article 2                                          4. By way of derogation from paragraphs 1 , 2 and 3 , a
                                                                               Member State may draw shares smaller than those fixed
1 . The tariff quotas referred to in Article 1 shall be                         in those paragraphs if there is reason to believe that
divided into two instalments.                                                   these might not be used up. It shall inform the
                                                                                Commission of its reasons for applying this paragraph.
2. The first instalment of each quota shal I be a I located
among the Member States; the respective shares, which
subject to Article 5 shall be valid until 30 June 198 1 r
shall be as follows :                                                                                    Article 4
                                                                         m     Each of the additional shares drawn pursuant to Article
                                      Setubai muscstel wines tailing within ,  3 shall be valid until 30 June 1981 .
                                                  subheadings:
           Member State*              ex 22.05 C ÎU a) I ex 22.05 C m b) 1
                                             and                 and
                                      ex 22.05 C IV a) 1 ex 22.05 C rV b) 1
                                                                                                         Article S
Bénélux                                    200 - I            100
Denmark                             I         50                25
                                                                               Member States shall return to the reserve, not later than
( iermnny                                  200          ,    100
France                             I       200                100               1 April 1981 such unused portion of their initial share
Ireland                                         5 ' '           25             as, on 15 March 1981 ,is in excess of 20% of the initial
Italy                              I       100          i       50             volume. They may return a larger quantity if there are
United Kingdom                             200                100              grounds for believing that it may not be used.
                                         1000             ί  500
                         Total     |                      ι                    Each Member State shall, not later than 1 April 1981 ,
                                                                               notify the Commission of the total quantities of the
                                                                               products in question imported up to 15 March 198 1
3 . The second instalment of each quota, namelyl 000                           inclusive and charged against the Community quotas
hectolitres and 500 hectolitres respectively, shall                            and of any quantities of the initial shares returned to
constitute the reserve.                                                        each reserve.
                           Article 3                                                                     Article 6
1.   If 90% or more of the Member State's initial share                        The Commission shall keep an account of the shares
as specified in Article 2 (2), or of that share minus the                      opened by the Member States pursuant to Articles 2 and
portion returned to the reserve where Article 5 is                             3 and shall, as soon as it is notified, inform each
applied , has been used up, then, to the extent permitted                      Member State of the extent to which the reserve has
by the amount of the reserve, that Member State shall                          been used up.
forthwith, by notifying the Commission , draw a second
share equal to 15% of its initial share, rounded up                            It shall inform the Member States, not later than 5 April
where necessary to the next unit.                                              198 1 /of the amount of each reserve after quantities
                                                                              -have been returned thereto pursuant to Article 5.
2. If, after one of its initial shares has been used up,
90% or more of the second share drawn by a Member                              The Commission shall ensure that any drawing which
State has been used up, then, to the extent permitted by                       uses up the . reserve is limited to the balance available
the amount of the reserve, that Member State shall, in                         and, to this end, shall indicate the amount thereof to the
accordance with the conditions laid down in paragraph                          Member State which makes such last drawing.
 ---pagebreak---                                                              - S -
                                                                                                    ANNËX C
                        Artide 7                                                         Article 8
1 . The Member States shall take all measures necessary          At the request of the Commission, the Member States
to ensure that additional shares drawn pursuant to               shall inform it of imports of the products concerned
Article 3 are opened in such a way that imports may be           actually charged against their shares.
charged without interruption against their accumulated
shares of the Community tariff quotas.
                                                                                         Article 9
2, The Member States shall ensure that importers of              The Member States and the Commission shall cooperate
the products in question established in their territory          closely in order to ensure that this Regulation is
have free access to the shares allocated to them.                complied with.
3 . The extent to which a Member State has used up its                                   Article 10
shares shall be determined on the basis of imports of the                                                     July
products in question originating in Portugal and entered         This Regulation shall enter into force on 1
with the customs authorities for    free circula -                1980 .
 tion .
              This Regulation shall be binding in its entirety and directly applicable in all Member States.
              Done at Brussels,
                                                                                       For the Council
                                                                                        The President