CELEX: 31977R1082
Language: en
Date: 1977-05-25 00:00:00
Title: Council Regulation (EEC) No 1082/77 of 25 May 1977 opening, allocating and providing for the administration of a Community tariff quota for wines from fresh grapes and grape must with fermentation arrested by the addition of alcohol falling within heading No 22.05 of the Common Customs Tariff, originating entirely in Greece

26 . 5 . 77                              Official Journal of the European Communities                          No L 131 / 11
                                         COUNCIL REGULATION (EEC) No 1082/77
                                                          of 25 May 1977
                opening , allocating and providing for the administration of a Community tariff
                quota for wines from fresh grapes and grape must with fermentation arrested by
                the addition of alcohol falling within heading No 22.05 of the Common
                                         Customs Tariff, originating entirely in Greece
THE COUNCIL OF THE EUROPEAN                                         which, while giving preference to imports of such
 COMMUNITIES,                                                       products, continue in addition to comply with the
                                                                    provisions of Regulation (EEC) No 816/70, and in
 Having regard to the Treaty establishing the European              particular those of Article 9 thereof ; whereas a
 Economic Community, and in particular Articles 43                  Community tariff quota of 420 000 hectolitres per
 and 1 1 3 thereof,                                                 annum should accordingly be opened at a reduced
                                                                    duty ; whereas for the period 29 April to 31 December
                                                                     1977 the volume of the quota will accordingly be
 Having regard to the proposal from the Commission ,                284 220 hectolitres ;
 Having regard to the opinion of the European Parlia­
 ment ('),
                                                                    Whereas it is in particular necessary to guarantee all
Whereas      at  the     EEC-Greece       Association   Council     importers of the Member States equal and uninter­
 meeting on 28 April 1975, the European Economic                    rupted access to the said quota and uninterrupted
 Community had stated that the basic provisions for                 application of the fate laid down for that quota to all
 the implementation of the common agricultural                      imports into such Member States of the products
 policy were fixed for the products listed in Article 1 of          concerned until the quota has been used up ; whereas
 Council Regulation (EEC) No 816/70 of 28 April                     having regard to the above principles the Community
 1970 laying down additional provisions for the                     nature of the quota can be respected by allocating the '
common organization of the market in wine (2 ), and                 Community tariff quota among the Member States ;
 Greece had stated that it was prepared to harmonize                whereas, to reflect most accurately the actual develop­
 its policy for the products referred to in Article 1 of            ment of the market in the products concerned, such
 the said Regulation ;                                              allocation should be in proportion to the needs of the
                                                                    Member States, assessed by reference both to the statis­
Whereas by 29 April 1977 the Association Council                    tics relating to imports from Greece over a representa­
                                                                    tive period, and to the economic outlook for the quota
 had not yet fixed the arrangements applicable to trade
                                                                    period concerned ;
 in the aforementioned products between the
 Contracting Parties ; whereas therefore both the provi­
sions in Protocol 14 to the EEC-Greece Association
Agreement for Greek exports of wines from fresh
grapes and grape must with fermentation arrested by                 Whereas, on the basis of the statistics at present avail­
 the addition of alcohol and the arrangements provided              able, imports from Greece into the Member States in
 for in Article 37 and in the second paragraph of                    1974, 1975 and 1976 of the product concerned have
 Protocol 1 2 to the said Agreement in respect of the               developed as follows and represent the following
 products covered by Regulation ( EEC) No 816/70 ,                  percentages of total imports into the Community :
 cease to apply in the Community ; whereas, however,
 the measures laid down in Protocol 6 (2) of the said                        Manlier States       1474      I 97 S    1476
Agreement continue to apply in the Community
 unless the Community avails itself of its option of
                                                                    Benelux                      55-02     66*66     73-31
 taking different measures under the conditions laid
                                                                    Denmark                       0-05      0-1 1     0-1 1
down in Article 36 ( 1 ) of the said Agreement ;
                                                                    Germany                      37-04     26-46     22-35
                                                                    France                        6-21       6        3-35
Whereas, pending a decision by the Association                      Ireland                       0-05      0-02      0-01
 Council pursuant to Article 35 or 36 ( 1 ) of the said             Italy                         0-14      0-02      0-02
Agreement, and in order to avoid any discontinuity                  United Kingdom                 1 -49     0-71     0-85
which might be harmful to exports to the Community
of wine originating entirely in Greece , special import
arrangements should be introduced for such products
(') OJ No C lis , 16 . 5 . 1977 . p . 67 .                          Whereas, taking into account these figures and the
(-) O'l No I. 99, 5 . 5 . 1 970, p . I .                            foreseeable development of the market in the product
 ---pagebreak--- No L 131 / 12                          Official Journal of the European Communities                                          26 . 5 . 77
concerned during 1977, the initial shares in the                              States and the Commission , and the Commission
volume of the quota may be fixed approximately at                             must be in a position to follow the extent to which
the following percentages :                                                   the tariff quota has been used up and to inform the
      Benelux                                         6406                    Member States thereof ;
      Denmark                                          0-53
                                                                              Whereas if, at a specified date in the quota period, a
      Germany                                         29-89                   considerable quantity of the initial quota share
      France                                           2-67
                                                                              remains in any Member State, it is essential that the
      Ireland                                          0-36
                                                                              Member State should return a certain proportion
      Italy                                            0-36                   thereof to the reserve, in order to avoid part of the
      United Kingdom                                   213                    Community quota remaining unused in one Member
                                                                              State when it could be used in others ;
Whereas in order to take into account the import
trends for the product concerned in the Member                                Whereas, since the Kingdom of Belgium , the
States, the quota volume should be divided into two                           Kingdom of the Netherlands and the Grand Duchy of
instalments, the first instalment being allocated                             Luxembourg are united in and represented by the
among the Member States and the second forming a                              Benelux Economic Union , any measure concerning
reserve intended ultimately to cover the requirements                         the administration of the quota shares allocated to
of the Member States , should their initial share be                          that economic union may be carried out by any of its
used up ; whereas, in order to ensure a certain degree                        members,
of security to importers, the first instalment of the
Community quota should be determined at a rela­
tively high level , which under present circumstances                         HAS ADOPTED THIS REGULATION :
could be approximately 99 % of the quota volume ;
                                                                                                      Article 1
Whereas the initial shares may be used up fairly
quickly ; whereas, therefore, to avoid disruption of                          1.    Until 31 December 1977, a Community tariff
supplies any Member State which has almost used up                            quota of 284 220 hectolitres shall be opened in the
its initial share, should draw a supplementary share                          Community for wine of fresh grapes and grape must
from the Community reserve ; whereas this must be                             with fermentation arrested by the addition of alcohol
done by each Member State as each one of its supple­                          falling under heading No 22.05 of the Common
mentary shares is almost used up, and as many times                           Customs Tariff, originating entirely in Greece .
as the reserve allows ; whereas the initial and supple­
mentary shares must be valid until the end of the                             Within this tariff quota, the Common Customs Tariff
quota period ; whereas this form of administration                            duty shall be reduced to the levels indicated in the
requires close collaboration between the Member                               table below :
               CCT heading No                                Description oí goods                              Rate oí duty
              22.05           Wine of fresh grapes ; grape must with fermentation arrested by
                              the addition of alcohol :
                              A. Sparkling wine                                                            6    u.a . per hi
                              B. Wine in bottles with 'mushroom ' stoppers held in place by
                                  ties or fastenings, and wine otherwise put up with an excess
                                  pressure of not less than 1 atmosphere but less than 3 atmos­
                                  pheres, measured at a temperature of 20 ° C                              6    u.a . per hi
                              C. Other
                                    I. Of an actual alcoholic strength not exceeding 13° , in
                                        containers holding :
                                        (a) 2 litres or less                                               I -8 u.a . per hi
                                        (b) More than 2 litres                                             1 -3 u.a . per hi
                                   II . Of an actual alcoholic strength exceeding 13 " but not
                                        exceeding 15° , in containers holding :
                                        (a) 2 litres or less                                               21 u.a . per hi
                                        (b) More than 2 litres                                       , .   1 6 u.a . per hi
 ---pagebreak--- 26 . 5 . 77                                Official Journal of the European Communities                                           No L 131 / 13
                 CCT heading No                                  Description of goods                               Rate of dutv
                22.05 C               III . Of an actual alcoholic strength exceeding 15° but not
                (coutil)                    exceeding 18° , in containers holding :
                                            (a) 2 litres or less :
                                                 2 . Other                                         '. . . . .    2-5 u.a . per hi
                                            (b) More than 2 litres :
                                                 3 . Other                                                       21 u.a . per hi
                                      IV. Of an actual alcoholic strength exceeding 18° but not
                                            exceeding 22° , in containers holding :
                                            (a) 2 litres or less :
                                                 2 . Other                                                       2-8 u.a . per hi
                                            (b) More than 2 litres :
                                                 3 . Other                                                       2-8 u.a . per hi
                                       V. Of an actual alcoholic strength exceeding 22° , in
                                            containers holding :
                                            (a) 2 litres or less                                                 0-2 u.a . per hi
                                                                                                                 and per degree
                                                                                                                 + 1 5 u.a . per
                                                                                                                 hi
                                            (b) More than 2 litres                                               0-2 u.a . per hi
                                                                                                                 and per degree
The new Member States shall apply within this quota                               that Member State shall without delay, by notifying
the customs duties calculated in accordance with the                              the Commission , draw a second share equal to 1.5%
relevant provisions of the Act of Accession .                                     of its initial share, rounded up to the next unit where
                                                                                  appropriate, to the extent that the amount in the
                                                                                  reserve allows .
                             Artidc 2
                                                                                  2.    If, after its initial share has been exhausted ,
                                                                                  90 % or more of the second share drawn by that
1.     The tariff quota referred to in Article 1 ( 1 ) shall                      Member State has been exhausted , it shall , in the
be divided into two instalments .
                                                                                  manner provided for in paragraph 1 , draw a third
                                                                                  share equal to 7-5 % of its initial share .
2.     A first instalment, amounting to 281 000 hectoli­
tres, shall be shared among the Member States ; the                               3.    If, after its second share has been exhausted ,
shares which subject to Article .5 shall be valid until                           90 % or more of the third share drawn by that
31 December 1977 , shall be as follows :                                          Member State has been used up, it shall , in the
                                           — in hecto litre \ —
                                                                                  manner provided for in paragraph 1 , draw a fourth
       Benelux                                     180 000                        share equal to the third .
       Denmark                                        1 500
       Germany                                       84 000
       France                                         7 .500                      This process shall be applied until the reserve is
                                                                                  exhausted .
       Ireland                                        1 000
       Italy                                          1 000
       United Kingdom                                 6 000                       4.    Notwithstanding paragraphs 1 , 2 and 3 , Member
                                                                                  States may draw smaller shares than those fixed in
3.    The second instalment of 3 220 hectolitres shall                            those paragraphs if there is reason to believe that
constitute the reserve .                                                          those shares might not be used up . They shall inform
                                                                                  the Commission of their reasons for applying this
                                                                                  paragraph .
                          , /1 rtiiic 3
                                                                                                            Article 4
1.     If 90% or more of any Member States initial
share , as laid down in Article 2 ( 2), or 90 % or more
of that share less the amount returned to the reserve                             Each of the additional shares drawn pursuant to
where Article 5 has been applied , has been exhausted ,                           Article 3 shall be valid until 31 December 1977 .
 ---pagebreak--- No L 131 / 14                       Official Journal of the European Communities                            26. 5 . 77
                         Article 5                            and, for this purpose, shall specify the amount thereof
Member States shall return to the reserve , not later
                                                              to the Member State which makes the final drawing.
than 1 October 1977, the unused portion of their
                                                                                      Article 8
initial share which, on 15 September 1977, is in
excess of 20 % of the initial amount. They may return          1.   Member States shall take all measures necessary
a greater portion if there are grounds for believing          to ensure that supplementary shares drawn pursuant
that such portion may not be used in full .                   to Article 3 are opened in such a way that charges
The Member States shall , not later than 1 October            may be made without interruption against their
 1977, notify the Commission of the total imports of          combined shares of the Community quota .
the products concerned effected under and charged             2.    Member States shall ensure that importers of the
against the Community quota up to 15 September                said products established in their territory have free
 1977 inclusive and, where appropriate, of the propor­        access to the shares allocated to them or drawn from
tion of their intial shares that they are returning to the    the reserve .
reserve .
                                                              3 . Member States shall charge imports of the said
                         Article 6                            goods against their shares as and when the goods are
                                                              entered for home use .
The Member States shall be authorized to divide the
shares allocated to them or which they have drawn             4.    The extent to which a Member State has used up
from the reserve into two parts according to their fore­      its share shall be determined on the basis of the
seeable use, reserving one part for wines intended for        imports charged in accordance with paragraph 3 .
direct consumption and the other for wines intended
for processing.                                                                       Article 9
However, during the marketing year and according to           At the request of the Commission , Member States
the actual needs which arise, they shall make the             shall inform it of imports of the products in question
necessary adjustments to the original allocations.            actually charged against their shares.
                         Article 7
                                                                                     Article 10
The Commission shall keep account of the shares
opened by Member States in accordance with Articles           The Member States and the Commission shall coop­
2 and 3 and shall inform each of them of the extent           erate closely in order to ensure the correct application
to which the reserve has been used as soon as it              of this Regulation .
receives the notification .
                                                                                     Article 11
The Commission shall , not later than 5 October 1977 ,
notify the Member States of the state of the reserve          This Regulation shall enter into force on the seventh
after the return of shares pursuant to Article 5.             day following its publication in the Official Journal
                                                              of the European Communities.
The Commission shall ensure that any drawing which
uses up the reserve is limited to the balance available       It shall apply from 29 April 1977 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 25 May 1977.
                                                                           For the Council
                                                                            The President
                                                                              D. OWEN