CELEX: 51992PC0135
Language: en
Date: 1992-04-09
Title: Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of Community tariff quotas for certain quality wines and sparking wines, originating in Austria

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       COMMISSION OF THE EUROPEAN COMMUNITIES
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                                                          Brussels, 9 Apr!I 1992
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                                        Proposal for a
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                                   COUNCIL REGULATION (EEC^
           opening and providing for the administration of Community tariff quotas for
If               certain quality wines and sparkling wines, originating in Austria
M                               (presented by the Commission)
 ---pagebreak---                                                                              1
                                                                           •J
                           EXPLANATORY MEMORANDUM
    Under an agreement concluded with Austria, approved by decision of
    the Council of 12 December igss^ 1 ) and about to be prolonged for
    another quota-period of one year, the Community has to open annually
    tariff quotuj for the importation of the following products of
    Austr ian or igin :
    CN Code                 Description                Volume       Rate of
                                                      of quota       duty
                                                       (in hi)      (in %)
    ex 2204 21 25    Quality wines, conforming to
    ex 2204 21 29    wine and viticulture law of
    ex 2204 21 35    1985 of the Republic of Austria,
    ex 2204 21 39    originating in that country and
    ex 2204 21 49    in containers of a capacity not
                     exceeding 2 litres                85 000
    ex 2204 10 19    Sparkling wines, conforming to
    ex 2204 10 90    wine and viticulture law of
                     1985 of the Republic of Austria,
                     originating in that country and
                     in containers of a capacity not
                     exceeding 2 litres                 2 000
    The agreement also provides that these quotas should be opened for
    periods from 1 July of every year to 30 June of the next year, and
    the duties applicable in Spain and Portugal   in the context of these
    tariff quotas must be the same as those applied respectively by these
    Member States towards the Community as composed at 31st December
    1985.
(1) 0J No L 348, 17.12.1988, P. 56
 ---pagebreak---                                  - 2 -
   The attached proposal purpose is to provide for the opening of tariff
   quotas for the period 1 July 1992 to 30 June 1993 in order to respect
   the provisions of the Agreement.
3. As in the past, the Commission proposes not to allocate the tariff
   quota volumes among the Member States but to allow the latter to draw
   against the said volumes quantities corresponding to actual
   importations made.   In addition, this procedure is more in keeping
   with the Community nature of these tariff quotas.
 ---pagebreak---                                                             Proposal for a                                                                    y
                                           COUNCIL REGULATION (EEC) N o                             /92
                                                                of
                       opening and providing for the administration of Community tariff quotas for
                                certain quality wines and sparkling wines, originating in Austria
 THE COUNCIL Or THE EUROPEAN COMMUNITIES,
  Having regard to the Treaty establishing the European                         imports of the products concerned into all Member States
  Economic Community, "d in particular Article 113                              until the quotas have been used u p ; whereas it is
  thereof.                                                                     appropriate to take the necessary measures to ensure
                                                                               efficient Community administration of these tariff quotas
  Having regard to the proposal from the Commission,                           while offering the Member States the opportunity to draw
                                                                               from the quota volumes the necessary quantities corre-
                                                                               sponding to actual imports; whereas this method of
  Whereas, in accordance with the Agreement with Austria f                     administration requires close cooperation between the
  prolonged, by the outcome of the exchange of                                 Member States and the Commission and the latter must,
   letters (1), for the period from 1 July 1992 to                             in particular, be able to monitor the rate at which the
  30 June 1993.
 regarding reciprocal creation of tariff quotas for certain                    quotas are being used up and inform the Member States
 quality wines, the Community is committed to                                  accordingly ;
 suspending in full the customs duties applicable to
 quality wines and sparkling wines, originating in Austria,                    Whereas, since the Kingdom of Belgium, the Kingdom of
 which conform to the wine and viticulture law of 1985 of                      the Netherlands and the Grand Duchy of Luxembourg
 the Republic of Austria, presented in containers not                          are united within and jointly represented by the Benelux
 exceeding two litres, within the limits of annual tariff                      Economic Union, all transactions concerning, in
                                                                               particular, the administration of quota shares allocated to
 quotas of S5 000 and 2 000 hectolitres respectively;
                                                                               that economic union may be carried out by any of its
 whereas this Agreement also provides that the quota
                                                                               members,
 period is from 1 July of each year to 30 June of the next
 year and whereas the duties applicable in Spain and
  Portugal are equal to those applied by Member States with
  respect to the Community as constituted at 31 December
                                                                               HAS ADOPTED THIS REGULATION
  IV8S; whereas it is necessary therefore to open for the
 period 1 July 1992 to 30 June 1993 the Community tariff
 quotas in question at the amounts provided for in the
                                                                                                          Article 1
 Agreement;
                                                                               1.     From 1 July 1992 to 30 June 1993 the customs
 Whereas it is in particular necessary to allow all                            duties applicable on importation of the following
 Community importers equal and uninterrupted access to                         products originating in Austria shall, without prejudice to
 the said quotas and to ensure the uninterrupted                               paragraph 3, be suspended at levels and within the limits
 application of the rates laid down for the quotas to all                      of tariff quotas as indicated with respect to each product:
                                                                                                                 Volume
       Order            t:N code                                                                                              t.hiol.i   Inly
                                                                   Description                                   of quota
         No                (')                                                                                      (I.I)
                                                                                                                                   ("/„)
      09.080?        ex  2204  21 25   Quality wines presented in containers of a capacity not exceeding          85 000            0
                     ex  2204  21 29   two litres
                     ex  2204  21 35
                     ex  2204  21 39
                     ex  2204  21 49
      09.080 S       ex 2204 10 19     Sparkling quality wines, and presented in container* of a capacity          2 000             0
                     ex 2204 10 90     not exceeding two litres
 (') See 'laric codes in the Annex.
(1) J.O. No L . . . of . . . . 1992, p.
 ---pagebreak---                                                                -2-
2.       Within the limits of the tariff quotas referred to in      Regulation and if this declaration is accepted by the
paragraph I, the Kingdom of Spain and the Portuguese               customs authorities, the Member State concerned shall
Republic shall apply the same duties as those they apply           draw from the tariff quota, by means of notification to the
to similar products of the Community as constituted at 31          Commission, a quantity corresponding to these needs.
 December 198 5.
                                                                   The drawing requests, with indication of the date of
 }.      Admission under the tariff quotas referred to in          acceptance of the said declaration, must be communicated
paragraph 1 shall be reserved to wines accompanied by a            to the Commission without delay.
document VI 1 or an extract VI 2, completed in
accordance with the provisions of Regulation (EEC) No              The drawings are granted by the Commission on the basis
3590/85 (').                                                       of the date of acceptance of the declaration of entry into
 Document VI I must include in Box I 5 one of the                  free circulation by the uistoms authoiilies of (lie Menibet
following endorsements, certified by the competent                 State concerned to the extent that the available balance so
Austrian organization :                                            permits.
      This is to certify that the wines referred to in this        If a Member State does not use the quantities drawn, it
      document are quality wines/quality sparkling wines (*)       shall return them as soon as possible to the tariff quota.
      originating in Austria and in conformity with the
       1985 Wine Law of the Republic of Austria.                   If the quantities requested are greater than the available
                                                                   balance of the quota, allocation shall be made on a pro
      (') Delete whichever entry is not applicable.'               rata basis with respect to the requests. The Commissin
Furthermore, the wines in question shall remain subject            shall inform the Member States of the drawings made.
to observance of the free-at-frontier reference price. In
order that these wines benefit from the tariff quotas,
                                                                                             Article 4
Article 54 of Regulation (EEC) No 822/87 (2), as last
amended by Regulation (EEC) No 3577/90 ('), must be                Each Member State shall ensure that importers of the
complied with.                                                     products in question have equal and continuous access to
                                                                   the quotas for as long as the balance of the relevant quota
                           Article 2                               volume so permits.             *
The tariff quotas referred to in Article 1 shall be managed
by the Commission, which may take all appropriate                                            Article 5
administrative measures in order to ensure effective
administration thereof.                                            The Member States and the Commission shall cooperate
                                                                   closely to ensure that this Regulation is complied with.
                           Article 3
If an importer presents, in a Member State, a declaration                                    Article 6
of entry into free circulation, including a request for
preferential benefit for a product covered by this                 This Regulation shall enter into force on 1 July I9 l £.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels
                                                                               For the Council
                                                                                 The President
(') OJ No L 343, 20. 12. 198.5, p. 20.
(') OJ No L 84, 27. 3. 1987, p. 1.
(') ( ) | No L 353, 17. 12. 1990, p. 23.
 ---pagebreak---               -3-
                                   <0
            A A/A//. A'
          Taric codes
Order no    CN Code     Taric code
09.0803  ex 2204 21 25     •9.5
         ex 2204 21 29     '96
         ex 2204 21 35     •95
                           '96
         ex 2204 21 39     •9.5
                           '96
         ex 2204 21 49     '29
09.0805  ex 2204 10 19     •91
         ex 2204 10 90     "91
 ---pagebreak---                                                                           ?
FINANCIAL RECORD
      Budget Iine concerned : Chap. 12 Art. 120
      Legal basis : Art. 113 of the Treaty
      Title of the tariff measure concerned : Proposal for a Council
      regulation (EEC) opening and providing for the administration of
      Community tariff quotas for quality wines, originating in Austria
      Object ive : Fulfilment of contractual obligations of the Community
      Method of calculation :
      CCT heading:          ex 2204 21 25
                            ex 2204 21 29
                            ex 2204 21 35           ex 2204 10 19
                            ex 2204 21 39           ex 2204 10 90
                            ex 2204 21 49
      Volume of the quota: 85 000 hi                2 000 hi
      Duty to be applied:   0 %                     0 %
      Normal CCT duty:      14,5 and 16,9 ecus/hi   40 ecus/hi
                            (average duty : 15,7 ecus/hi)
      Duty-Ioss :
      Loss                  85 000 x 15,7 ecus      2 000 x 40 ecus
                              1 334 500 ecus          80 000 ecus
                                      1 414 500 ecus
Compared with the preceding quota period .- no change
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (92) 135 final
                                                      DOCUMENTS
EN                                                                         03 02
                                 Catalogue number: CB-CO-92-153-EN-C
                                                             ISBN 92-77-42885-6
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