CELEX: 31987R4177
Language: en
Date: 1987-12-21 00:00:00
Title: Council Regulation (EEC) No 4177/87 of 21 December 1987 opening, allocating and providing for the administration of a Community tariff quota for certain wine of designated origin falling within subheading ex 2204 21 25, ex 2204 21 29, ex 2204 21 35 or ex 2204 21 39 of the combined nomenclature and originating in Algeria (1988)

31 . 12 . 87                                    Official Journal of the European Communities                                   No L 399 / 11
                                               COUNCIL REGULATION (EEC) No 4177 / 87
                                                             of 21 December 1987
                opening, allocating and providing for the administration of a Community tariff quota for certain wine
                of designated origin falling within subheading ex 2204 21 25 , ex 2204 21 29, ex 2204 21 35 or
                              ex 2204 21 39 of the combined nomenclature and originating in Algeria ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                  Whereas the nomenclature used in the Common Customs
                                                                           Tariff will be replaced from 1 January 198 8 by the combined
                                                                           nomenclature based on the International Convention on the
 Having regard to the Treaty establishing the European                     Harmonized Commodity Description and Coding System ;
Economic Community and in particular Article 113                           whereas this Regulation must therefore take account of that
thereof,
                                                                           fact by indicating the combined nomenclature codes and ,
                                                                           where appropriate , the Taric code numbers of the products
Having regard to the proposal from the Commission ,                        concerned;
Whereas Article 20 of the Cooperation Agreement between
the European Economic Community and the People's                           Whereas equal and continuous access to the quota should be
Democratic Republic of Algeria ( J ) as amended by the                     ensured for all Community importers and the rate laid down
Additional Protocol to that Agreement consequent on the                    for the quota should be applied consistently to all imports of
 accession of the Kingdom of Spain and the Portuguese                      the products in question into the Member States until the
Republic to the Community ( 2 ) provides that certain wine of              quota is exhausted; whereas , in the light of these principles ,
designated origin falling within subheading ex 2204 21 25 ,                allocation of the tariff quota among the Member States
ex 2204 21 29 , ex 2204 21 35 or ex 2204 21 39 of the                      would seem to preserve the Community nature of the quota ;
combined nomenclature and originating in Algeria shall be                  whereas in order to correspond as closely as possible to the
exempt from customs duties on import into the Community                    real trend of the market for the products in question the
within the limits of a Community tariff quota of 200 000                   allocation should reflect the requirements of the Member
hectolitres ; whereas the wine must be put up in containers                States based on statistics of imports of the said products from
holding two litres or less ; whereas the wine must be                      Algeria during a representative reference period and on the
accompanied either by a certificate of designation of origin in            economic outlook for the quota period in question ;
accordance with the model given in Annex D to the
Agreement or, by way of derogation , by a document VI 1 or
a VI 2 extract annotated in compliance with Article 9 of
Regulation ( EEC ) No 3590 / 85 ( 3 );                                     Whereas in this case , however, neither Community nor
                                                                           national statistics showing the breakdown for each type of
                                                                           wine in question are available and no reliable forecasts of
Whereas , however, Council Regulation (EEC) No 2573 / 87                   future imports can be made ; whereas in these circumstances
of 11 August 1987 laying down the arrangements for trade                   the <uota volumes should be allocated in initial shares ,
between Spain and Portugal on the one hand and Algeria ,                   account being taken of possible demand for such wine on the
Egypt , Jordan , Lebanon , Tunisia and Turkey on the                       markets of the various Member States;
other ( 4 ) provides for the Portuguese Republic to defer until
31 December 1990 the application of the preferential
arrangements for the products in question; whereas,
consequently this Regulation does not apply to Portugal ;                  Whereas , to allow for the trend of imports of the products
whereas the Community tariff quota in question should be                   concerned in the various Member States, the quota volume
opened for 1988 ;
                                                                           should be divided into two parts, the first being allocated
                                                                           among the Member States and the second held as a reserve to
Whereas the wine in question is subject to compliance with                 cover any subsequent requirements of Member States which
the free-at-frontier reference price; whereas , in order that              have used up their initial share ; whereas , to afford importers
such wine may benefit from this tariff quota , Article 54 of               in each Member State some degree of certainty, the first part
Regulation (EEC) No 822 / 87 ( 5 ) as last amended by                      of the tariff quota should be set at a certain level , which in this
Regulation (EEC ) No 3992 / 87 ( 6 ), must be complied                     case could be 40% of the quota volume ;
with ;
0)   OJ No   L 263 , 27 . 9 . 1978 , p. 2 .
(2)  OJ No   L 297 , 21 . 10.1987 , p. 2 .                                 Whereas the initial shares of the Member States may be used
(3)  OJ No   L 343 , 20 . 12 . 1985 , p . 20 ,                             up at different rates; whereas , in order to avoid any break in
(4 ) OJ No   L 250 , 1 . 9 . 1987, p. 1 .                                  the continuity of supplies on this account, it should be
(5)  OJ No   L 84 , 27 . 3 . 1987 , p. 1 .                                 provided that any Member State which has almost used up its
(«)  OJ No   L 377 , 31 . 12 . 1987 , p. 20 .                              initial share should draw an additional share from the
 ---pagebreak--- No L 399 / 12                             Official Journal of the European Communities                                            31 . 12 . 87
reserve ; whereas each time its additional share is almost used           Whereas since the Kingdom of Belgium , the Kingdom of the
up a Member State should draw a further share and so on as                Netherlands and the Grand Duchy of Luxembourg are united
many times as the reserve allows ; whereas the initial and                within and jointly represented by the Benelux Economic
additional shares must be valid until the end of the quota                Union , any operation concerning the administration of the
period; whereas this form of administration requires close                quota shares allocated to that economic union may be carried
cooperation between the Member States and the                             out by any one of its members ,
Commission and the latter must be able to monitor the extent
to which the quota volume has been used up and inform the
Member States accordingly;
                                                                          HAS ADOPTED THIS REGULATION :
Whereas if at a given date in the quota period a considerable                                          Article 1
quantity of a Member State's initial share remains unused , it
is essential that the Member State concerned should return a              1.     From 1 January to 31 December 1988 the customs
significant proportion thereof to the reserve in order to                 duties applicable in the Community , with the exception of
prevent part of the Community tariff quota from remaining                 Portugal , to imports of the following products shall be
unused in one Member State when it could be used in                       suspended at the level and within the limits of a Community
others ;                                                                  tariff quota as shown below:
      Order No            CN code                               Description                             Amount of quota        Quota duty
                                                                                                              (hi )                (% )
                                       Wine of fresh grapes , including fortified wines, grape must
                                       other than that of heading No 2009 :
                     ex 2204 21 25     - White                                                              200 000               Free
                      ex 2204 21 29    — Other
09.1000          i
                      ex 2204 21 35    - White
                      ex 2204 21 39    — Other :
                                       — — Wines entitled to one of the following designations of
                                              origin :                                                                   I
                                              Ai'n Besem-Bouira , M£dea , Coteaux du Zaccar ,
                                              Dahra , Coteaux de Tlemcen , of an actual alcoholic
                                              strength by volume not exceeding 15% vol , in
                                             containers holding two litres or less , originating in
                                             Algeria
Within the limit of this tariff quota the Kingdom of Spain                                             Article 2
shall apply customs duties calculated in accordance with
Regulation (EEC ) No 2573 / 87 .                                          1.     The Community tariff quota referred to in Article 1
                                                                          shall be divided into two parts .
2.     The wine in question is subject to observance of the               2.     The first part of the quota shall be allocated among the
free-at-frontier reference price .                                        Member States ; the quota shares , which subject to Article 5 ,
                                                                          shall be valid up to 31 December 1988 , shall be as
                                                                          follows :
The wine in question shall benefit from this tariff quota on
condition that Article 54 of Regulation (EEC ) No 822 / 87 is                                                             (hectolitres)
complied with .                                                                   Benelux                                    12 800
                                                                                  Denmark                                      7 760
                                                                                  Germany                                    16 560
3.     Each wine , when imported , shall be accompanied                           Greece                                         320
either by a certificate of designation of origin , issued by the                  Spain                                          880
relevant Algerian authority or , by way of derogation , by a                      France                                     16 000
VI 1 document or a VI 2 extract annotated in compliance                           Ireland                                      5 280
with Article 9 of Regulation (EEC ) No 3590 / 85 , in                             Italy                                        7 600
accordance with the model annexed to this Regulation .                            United Kingdom                              12 800
 ---pagebreak---   31 . 12 . 87                                 Official Journal of the European Communities                                 No L 399 / 13
  3.     The second part of the quota , amounting to 120 000                                          Article 6
  hectolitres , shall constitute the reserve .
                                                                          The Commission shall keep account of the shares drawn by
                                                                          Member States pursuant to Articles 2 and 3 and shall inform
                                                                          each Member State of the extent to which the reserve has
                                                                          been used up as soon as it has been notified.
                              Article 3
                                                                          It shall inform the Member States not later than 5 October
  1.     If a Member State has used 90 % or more of its initial           1988 of the state of the reserve following any return of quota
  share as specified in Article 2 (2), or of that share less any          shares pursuant to Article 5 .
 portion returned to the reserve pursuant to Article 5 , it shall
 forthwith by notifying the Commission and to the extent that             It shall ensure that the drawing which exhausts the reserve
 the reserve so permits, draw a second share equal to 15 % of             does not exceed the balance available , and to this end shall
 its initial share, rounded up where necessary to the next                notify the amount of that balance to the Member State
 whole number .
                                                                          making the final drawing.
 2.     If, after its initial quota "share has been used, up, a
 Member State has used 90 % or more of the second share as
                                                                                                      Article 7
 well , it shall forthwith , using the procedure provided for in
 paragraph 1 , and to the extent that the reserve so pfermits ,
 draw a third share equal to 7,5 % of its initial share.                  1.     Member States shall take all appropriate measures to
                                                                          ensure that additional drawings of shares pursuant to Article
                                                                          3 enable imports to be charged without interruption against
 3 . If, after its second share has been used up , a Member               their accumulated shares of the Community quota.
 State has used 90 % or more of its third share, it shall , using
 the procedure provided for in paragraph 1 , draw a fourth
 share equal to the third .                                               2. Member States shall ensure that importers of the
                                                                         product concerned have free access to the quota shares
                                                                          allocated to them .
 This process shall continue until the reserve is used up .
                                                                          3 . Member States shall charge imports of the product
 4.     By way' of derogation from paragraphs 1 , 2 and 3 ,
                                                                         concerned against their shares as and when the goods are
                                                                         entered with the customs authorities for free circulation .
 Member States may draw smaller shares than those specified
 in the said paragraphs if there is reason to believe that they
 might not be used in full . Member States shall inform the              4 . The extent to which a Member State has used up its
 Commission of their reasons for applying this paragraph .               shares shall be determined on the basis of the imports charged
                                                                         in accordance with paragraph 3 .
                              Article 4                                                               Article 8
                                                                         At the request of the Commission, Member States shall
Additional shares drawn pursuant to Article 3 shall be valid             inform it of imports actually charged against their quota
until 31 December 1988 .
                                                                         shares.
                                                                                                      Article 9
                              Article 5
                                                                         The Member States and the Commission shall cooperate
By 1 October 1988 at the latest Member States must return to             closely to ensure that this Regulation is complied with.
the reserve the unused portion of their initial share which , on
15 September 1988 , is in excess of 20 % of the initial volume .
They may return a greater portion if there is reason to believe
that it might not be used .                                                                          Article 10
By 1 October 1988 at the latest Member States must notify                This Regulation shall enter into force on the day following
the Commission of the total quantities of the product                    that of its publication in the Official Journal of the European
                                                                         Communities.
concerned imported on or before 15 September 1988 and
charged against the Community quota and of any portion of
their initial share that they are returning to the reserve .             It shall apply with effect from 1 January 1988 .
 ---pagebreak--- No L 399 / 14                        Official Journal of the European Communities                           31 . 12 . 87
            This Regulation shall be binding in its entirety and directly applicable in all Member States .
            Done at Brussels , 21 December 1987 .
                                                                                     For the Council
                                                                                      The President
                                                                                      B. HAARDER
 ---pagebreak---         ANEXO — BILAG — ANHANG — ΠΑΡΑΡΤΗΜΑ — ANNEX — ANNEXE — ALLEGATO — BIJLAGE — ANEXO
 1.               — Exporter — Exportateur :                  2.           — Number — Numéro :
                                                                                                            00000
                                                              3 . (Name of authority guaranteeing the designation of
                                                                  origin — Nom de l'organisme garantissant la déno­
                                                                  mination d'origine)
 4.                 — Consignee — Destinataire :
                                                              5.
                                                                  CERTIFICATE OF DESIGNATION OF ORIGIN
                                                                  CERTIFICAT D'APPELLATION D'ORIGINE
 6.                 — Means of transport — Moyen de
      transport :
                                                              7 . (Designation of origin — Nom de la dénomination
                                                                  d'origine)
 8.                  — Place of unloading — Lieu de
     déchargement :
 9.                                              — Marks and numbers, number              10.,               11 .
      ana κιηα οτ pacKages — Marques et numéros , nomore et nature des colis :
                                                                                               Gross weight       Litres
                                                                                               Poids brut         Litres
12 .                      — Litres ( in words) — Litres (en lettres) :
13 .                             — Certificate of the issuing authority — Visa de l'organisme émetteur :
14 .                      — Customs stamp — Visa de la
      douane :
                                                             (See the translation under No 15 — Voir traduction au
                                                              n° 15)
 ---pagebreak---    15. We hereby certify that the wine described in this certificate is wine produced within the wine district of
                      and is considered by Algerian legislation as entitled to the designation of origin '
        The alcohol added to this wine is alcphol of vinous origin .
        Nous certifions que le vin décrit dans ce certificat a été produit dans la zone de            ., et est reconnu,
        suivant la loi algérienne, comme ayant droit à la dénomination d'origine «                ».
        L'alcool ajouté à ce vin est de l'alcool d'origine vinique .
   16 .  '
I1) Space reserved for additional details given in the exporting country.
(') Case réservée pour d'autres indications du pays exportateur.