CELEX: 51992PC0224
Language: en
Date: 1992-05-27
Title: Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administation of Community tariff quotas for quality wines produced in the specified regions of Jerez, Malaga, Jumilla, Priorato, Rioja and Valdepeñas (2nd half of 1992)

COMMISSION OF THE EUROPEAN CQMMUNITIES
                                                       C0M(92) 224 final
                                                       Brussels, 27 May 1992
                                        Proposai for a
                                  COUNCIL REGULATION (EEC)
           opening and providing for the administration of Cararounity tariff quotas
                for quality wines produced in the specified régions of Jerez,
                       Malaga, Jumilla, Priorato, Rioja and Valdepefias
                                       (2nd half of 1992)
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                               (présentée! by the Commission)
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                            EXPLANATORY MEMORANDUM
1. Pursuant to articles 30 and 75 of the Act of Accession, the duties
   applicable to imports into the Community, as constituted on 31 December
   1985, of agricultural products originating in Spain shall be
   progressively abolished. Consequently, these provisions are applicable
   to duties to be levied in the framework of the following Community
   Customs quotas:
        358 120 hi sherry, in containers holding two litres or less, of CN-
        codes ex2204 21 41 and ex2204 21 51,
        435 000 hi sherry, in containers holding more than two litres, of
        CN-oodes ex2204 29 41 and ex2204 29 51,
        22 008 hi wines from Jumilla, Priorato, Rioja and Valdepeftas, in
        containers holding two litres or less, of CN-codes ex2204 21 21,
        ex2204 21 23, ex2204 21 31, ex2204 21 33 and ex2204 21 49,
        and
        15 000 hi Malaga wines in containers holding two litres or less, of
        CN-codes ex2204 21 49 and ex2204 21 59.
   These quotas shall be open until 30 June 1992.
   In compliance with Article 75 (1) of the Act of Accession, the duties
   applicable to the wines in question shall be reduced to 12,5% of the
   basic duties on 1 January 1992 and to 0% of the basic duties on 1
   January 1993. By derogation from Article 30 of the abovementioned act,
   Regulation (EEC) No. 4161/87 lays down, consequent on the entry into
   force of the Combined Nomenclature, the basic duties to be adopted
   within the Ctamraunity, as constituted on 31 December 1985, for the
   purpose of calculating the successive reductions provided for in the Act
   of Accession of Spain and Portugal.
   These tariff measures are not applicable in Portugal because Regulation
   (EEC) 3792/85, laying down the arrangements applying to trade in
   agricultural products between Spain and Portugal, provide for
   particular provisions on the subject.
 ---pagebreak---    Pursuant to Commission Regulation (EEC) No 2573/90 of 5 September 1990,
   totally suspending certain customs duties applicable by the Coramunity of
   Ten to imports from Spain and Portugal, the said duties, as concerns the
   products referred to in Annex II to the Treaty, are totally suspended,
   once they reach a level of 2% or less. It is necessary, therefore, to
   apply a duty equal to zero when the value of the specified customs
   duties does not exceed 2% ad valorem.
   Given that, from 1 January 1993, the duties in question shall be
   abolished, the quota-period should be set at six months, from 1 July to
   31 December 1992, and the abovementioned tariff quotas should be opened
   pro rata temporis, in the Community as constituted on 31 December 1985,
   at duties calculated according to the provisions provided for on the
   subject.
   Such is the purpose of the annexed proposal for a Regulation.
2. It is proposed that the whole of the quota volumes be held as Community
   reserves, to which all Member States will have access, in accordance
   with the procedure provided for in Article 3 of the proposal for a
   Regulation.
 ---pagebreak---                                                                  Proposal for a
                                                   COUNCIL REGULATION (EEC) No                     /92
                                                                                                                                V
                                                                    of
                               opening and providing for the administration of Community tariff quotas for
                               quality wines produced in the specified regions of Jerez, Malaga, Jumilla,
                                                     Priorato, Rioja and Valdepenas (2nd h a l f o f 1 9 9 2 )
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        to trade in agricultural products between Spain and
                                                                            Portugal 3) provides for particular rules for the import
             Having regard to the Act of Accession of Spain and             into Portugal of the products in question coming from
             Portugal, and in particular Articles 30 and 75 thereof,        Spain; whereas, consequently, the Community tariff
                                                                            quotas are only applicable in the Community as
             Having regard to the proposal from the Commission,             constituted on 31 December 1985;
             Whereas, pursuant to Articles 30 and 75 of the Act of
             Accession, the duties applicable on the import into the        Whereas, pursuant to Commission Regulation (EEC) No
             Community, as constituted on 31 December 1985, of the          2573/90 of 5 September 1990 totally suspending certain
             following quality wines from Spain shall be progressively      customs duties applicable by the Community of Ten to
             abolished within the limits of|Community tariff quotas :       imports from Spain and Portugal (ft, the said duties are, as
                                            annual                          concerns the products referred to in Annex II to the
            — 358 120 hectolitres quality wines produced in the             Treaty, totally suspended once they reach a level of 2 %
                 specified region of Jerez in containers holding two        or less; whereas it is therefore necessary to apply a duty
                 litres or less, falling within CN codes ex 2204 2141       equal to zero where the value of the specific customs
                 and ex 2204 21 51,                                         duties does not exceed 2 % ad valorem;
            — 435 000 hectolitres quality wines produced in the
                 specified region of Jerez in containers holding more       Whereas equal and continuous access to the quotas
                 than two litres falling within CN codes ex 2204 29 41      should be ensured for all Community importers and the
                 and ex 2204 29 51,                                         rates laid down for the quotas should be applied consis-
            — 15 000 hectolitres quality wines produced in the              tently to all imports of the products in question into all
                 specified region of Malaga in containers holding two       Member States until the quotas are exhausted ; whereas
                 litres or less, falling within CN codes ex 2204 21 49      they should not be allocated among the Member States,
                 and.ex 2204 21 59, and                                     without prejudice to the drawing against the quota
            — 22 008 hectolitres quality wines produced in the              volumes of such quantities as they may need, under
                 specified regions of Jumilla, Priorato, Rioja and          conditions and according to a procedure laid down in
                 Valdepenas, in containers holding two litres or less,      Article 3 ; whereas this method of administration requires
                 falling within CN codes ex 2204 21 21, ex 2204 21 23,      close cooperation between the Member States and the
                 ex 2204 21 31, ex 2204 21 33 and ex 2204 21 49;            Commission ;
            Whereas, however, with regard to the quality wines              Whereas, since the Kingdom of Belgium, the Kingdom of
            produced in the specified region of Jerez, in order to          the Netherlands and the Grand Duchy of Luxembourg
            fulfil better the requirements of the common market, a          are united within and jointly represented by the Benelux
            single overall tariff quota                        should be    Economic Union, any operation concerning the adminis-
            opened; whereas by Regulation (EEC) n° 1516/91 (1)              tration of the contingents may be carried out by any one
these quotasshall be open .until 3UJune 1v92;                               of its members.
         ,. Wnereas these duties are reduced to -p 5%°' t n e Das ic
            duties on 1 January 199 2 and to 0 yo of the basic
            du'ies on 1 January 1993;
            wheseaS, i n consequence, the volume of the                     HAS ADOPTED THIS REGULATION
            abovementioned quotas should be reduced, pro rata
             temporis , t o cover only the period from 1 July
             t o 31 December 1992;
                                                                                                       Article 1
                                       whereas, by way of derogation
      from Article 30 of the Act of Accession, Regulation (EEC)                                 .   31 December 1992,
      No 4161/87(2 lays down consequent on the entry into                   From 1 July         to                  the customs duties
      force of the combined nomenclature, the basic duties to               applicable on the following quality wines produced in the
      be adopted within the Community as constituted on 31                  specified regions shall, in the Community as constituted
      December 1985 for the purpose of calculating the                      on 3! December 1985, be partially suspended at the levels
      successive reductions provided for in the Act of Accession            and within the limits of the Community tariff quotas
      of Spain and Portugal ; whereas, therefore, to establish the          indicated for each of them :
      duties applicable on -he imports of these wines
      Community tariff quotas should be opened for the period             r?\0} No L 367, 31. 12. 19S5. p. 7.
      from 1 July 1991 to 30 June 1992 for the abovemen-                   ( / ) O J No L 243, 6. 9. 1990, p. 19.
      tioned wines at duties as shown in the list in Article 1 ;
      Whereas Council Regulation (EEC) No 3792/85 of 20
      December 1985 laying down the arrangements applying
           (1)    OJ Nb L 142, 6.6.1991, p. 4 .
           QJ     0J to L395, 31.12.1987,            1.
 ---pagebreak---                                                                                                                                       J"
                                                                                                 Rate (ECU/hl)
    Order           CN codes                                                                                                    Quota
      No                                             Description                                                               volume
                                                                                     from 1 July to                          (hectolitres)
                                                                                  31 December 19$>(-)
   09.0317     f ex  2204 21 41
                                                      Sherry
                                                                                                       13,8
               I ex  2204 21 51                                                                         3,8
               fex   2204 29 41                                                                         3,8                J    396 560
               [ex   2204 29 51
                                                                                                        0/9
   09.0310
                 ex 2204 21 49
                                                Wine from Malaga
                                                                                                        1/2                {          7 500
                 ex 2204 21 59                                                                          1 4
                                                                                                         '
   09.0312       ex  2204 21 21 1     Wine from Jumilla, Priorato, Rioja,
                 ex
                 ex
                 ex
                     2204
                     2204
                     2204
                          21 23 J
                          21 31
                          21 33
                                      Valdepenas                                  }
                                                                                  }                     1,4
                                                                                                                           I      11 004
                 ex  2204 21 49
                                                                                                        1/8                J
(') See Taric codes in Annex.
(2) These specific customs duties are collected only when their value is greater than 2 % ad valorem.
                              Article 2                                         the Member States concerned to the extent that the
                                                                                available balance so permits.
The tariff quotas referred to in Article 1 shall be                             If a Member State does not use the quantities drawn, it
administered by the Commission, which may take all                              shall return them as soon as possible to the corresponding
appropriate administrative measures in order to ensure                          quota amount.
effective administration thereof.
                                                                                If the quantities requested are greater than the available
                                                                                balance of the quota amount, allocation shall be made on
                                                                                a pro rata basis with respect to the requests. Member
                              Article 3                                         States shall be informed by the Commission of the
                                                                                drawings made.
If an importer presents in a Member State a declaration of
entry into free circulation, including a request for
                                                                                                            Article 4
preferential benefit for a product covered by this
Regulation and if this declaration is accepted by the                           Each Member State shall ensure that importers of the
customs authorities, the Member States concerned shall                          products in question have equal and continuous access to
inform the Commission and draw an amount corres-                                the quotas for as long as the balance of the relevant quota
ponding to its requirements from the corresponding                              volumes so permits.
amount.
                                                                                                            Article 5
The drawing requests, with indication of the date of
acceptance of the said declarations, must be transmitted                        The Member States and the Commission shall cooperate
to the Commission without delay.                                                closely to ensure that this Regulation is complied with.
The drawings are granted by the Commission by                                                               Article 6
reference to the date of acceptance of the declarations of
entry into free circulation by the customs authorities of                       This Regulation shall enter into force on 1 July 1992
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                     Done at Brussels,
                                                                                             For the Council
                                                                                               The President
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                                                                         G
                                     ANNEX
                                   Tarie codes
                  Order No           CN code      Taric code
                   09.0317       ex 2204 21 41 2204 21 41*10
                                 ex 2204 21 51 2204 21 51*10
                                 ex 2204 29 41 2204 29 41*10
                                 ex 2204 29 51 2204 29 51*10
                   09.0310       ex 2204 21 49 2204 21 49*12
                                 ex 2204 21 59 2204 21 59*12
                   09.0312       ex 2204 21 21 2204 21 21*10
                                 ex 2204 21 23 2204 21 23*10
                                 ex 2204 21 31 2204 21 31*10
                                 ex 2204 21 ii 2204 21 33*10
                                 ex 2204 21 49 2204 21 49*21
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(92) 224 final
                                                      DOCUMENTS
EN                                                                         03 02
                                 Catalogue number: CB-CO-92-234-EN-C
                                                             ISBN 92-77-44510-6
Office for Official Publications of the European Communities
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