CELEX: 31976R3032
Language: en
Date: 1976-12-09 00:00:00
Title: Council Regulation (EEC) No 3032/76 of 9 December 1976 opening, allocating and providing for the administration of a Community tariff quota for Jerez wines falling within heading No ex 22.05 of the Common Customs Tariff, originating in Spain (1977)

20. 12. 76                           Official Journal of the European Communities                         No L 350/9
                                     COUNCIL REGULATION (EEC) No 3032/76
                                                   of 9 December 1976
              opening, allocating and providing for the administration of a Community tariff quota
             for Jerez wines falling within heading No ex 22.05 of the Common Customs Tariff,
                                                originating m Spain (1977)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        in vine products ; whereas inclusion in the Com­
                                                                munity taniff quota should be subject to production
                                                                of movement certificate A.E.I and a certificate of
Having regard to the Treaty establishing the                    designation of origin as provided for in Regulation
European Economic Community, and in particular                  (EEC) No 1120/75 (3), endorsed by the Spanish
Articles 43 and 113 thereof,                                    customs authorities :
Having regard to the proposal from the Commission,
Having regard to the opinion of the European                    Whereas it is in particular necessary to ensure to all
Parliament (1 ),                                                Community importers equal and uninterrupted access
                                                                to the abovementioned quotas and uninterrupted
                                                                application of the rates laid down for these quotas
Whereas on the signing of the Agreement between                 to all imports of the products concerned into all
the European Economic Community and Spain (2) at
                                                                Member States until the quotas have been used up ;
Luxembourg on 29 June 1970, the Community                       whereas, having regard to the principles mentioned
undertook to grant preferential tariff arrangements             above, the Community nature of the quotas can be
for imports into the Community of certain wines
                                                                respected by allocating die Community tariff quota
originating in Spain, in particular Jerez wines ;               among the Member States ; whereas, in order to
whereas :
                                                                reflect most accurately the actual development of the
                                                                market in the products concerned, such allocation
— a 60% reduction in the Common Customs Tariff                  should be in proportion to the needs of the Member
    duties applicable to Jerez wines, originating in            States, assessed by reference to both the statistics of
    Spain, and imported in containers holding two               each State's imports of the said products from Spain
    litres or less should be granted for 1977 up to             over a representative period and the economic
    a Community tariff quota of 40 000 hectolitres,              outlook for the quota period concerned;
    and
— a 50% reduction in the Common Customs Tariff
    duties applicable to Jerez wines, originating in
    Spain, and imported in containers holding more              Whereas available Community statistics give no
    than two litres should be granted for 1977 up to            information on the situation of Jerez wines on the
    a Community tariff quota of 210 000 hectolitres ;           markets ; whereas, however, Spanish statistics for
                                                                exports of these products to the Community during
                                                                the last few years can be considered to reflect
Whereas the Community tariff quotas in question                 approximately the situation of Community imports ;
should be opened for the year 1977;                             whereas on this basis the corresponding imports by
                                                                each of the Member States represent the following
                                                                percentages of the imports into the Community from
Whereas these wines remain subject to the provisions             Spain of the products concerned:
governing the common organization of the market
(*) OJ No C 272, 17. 11. 1976, p. 7.
(*) OJ No L 182, 16. 8. 1970, p. 2.                              (8) OJ No L 111, 30. 4. 1975, p. 19.
 ---pagebreak--- No L 350/ 10                              Official Journal of the European Communities                                    20. 12. 76
                                 1973           1974          1975
                                                                            Whereas the initial quota shares of the Member States
                                                                            may be used up at different times ; whereas, in order
Jerez wines :                                                               to take this fact into account and avoid any break
                                                                            in continuity, it is important that any Member State
— in containers holding                                                     having used up almost the whole of its initial quota
    two litres or less :
                                                                            share should draw an additional quota share from
    — Germany                    14-6           19-3          19-0
                                                                            the reserve; whereas this must be done by each
    — Benelux                    77-3           72-3          78-3          Member State as and when each of its additional
    — France -                    0-9            0-6           0-5          quota shares is almost entirely used up, and repeated
    — Italy                       7-2            7-8           2-2          as many times as the reserve allows ; whereas the
— in containers holding                                                     initial, and additional quota shares must be available
    more than two litres :                                                  for use until the end of the quota period; whereas
    — Germany                     9-2            8-7           6-8          this method of administration calls (for close coopera­
    — Benelux                    90-6           91-1          93-0
                                                                            tion between Member States and the Commission,
    — France                      0-1            0-2           0-1
                                                                            which must, in particular be able to observe the
                                                                            extent to which the quota amounts are used and' in­
    — Italy                       0-1            0-0           0-1
                                                                            form Member States thereof;
Whereas, in view of these factors and of the                                Whereas if, at a given date in the quota period, a
estimates submitted by certain Member States, initial                       considerable quantity of the initial share is left over
quota shares may be fixed approximately at the                              in a Member State, it is essential that each State
following percentages :                                                     should return a significant proportion to the reserve
                                                                            to prevent a part of the Community quota from
                                                                            remaining unused in one Member State while it could
                                       Jerez wines in containers
                                                                             be used in others ;
                                                holding :
                                      two litres          more than
                                        or less           two litres        Whereas, since the Kingdom of Belgium, the King­
                                                                            dom of the Netherlands and ithe Grand Duchy of
Germany                                  17-2                7-8
                                                                             Luxembourg are united in and represented by the
Benelux                                  75-6               92-0            Bendlux Economic Union, any measure concerning
France                                    0-9                0-1             the administration of the quota shares allocated to
Italy                                     6-3                0-1             that economic union may be carried out by any of
                                                                             its members,
Whereas, in order to take into account import trends
                                                                             HAS ADOPTED THIS REGULATION :
for the products concerned in the different Member
States, each of the quota amounts should be divided
into two instalments, the first instalment being allo­
cated among the Member States and the second for­                                                   Article 1
ming a reserve intended ultimately to cover the
requirements of the Member States which have used
up their initial quota shares ; whereas, in order to                         1 . From 1 January until 31 December 1977, the
ensure a certain degree of security to importers in                          Common Customs Tariff duties in respect of the
each Member State, the first instalment of the Com­                          following Jerez wines originating in Spain shall be
munity quotas should be determined at a level which,                         partially suspended at the levels or within the limits
under present circumstances, may be 80% of each of                           of the Community tariff quotas indicated for each of
the quota amounts ;                                                          them :
                                                                                           Rate            Quota
                         CCT heading No                         Description                                volume
                                                                                       (in u.a./hl)
                                                                                                            (in hi )
               ex 22.05 C III a) 1
               ex 22.05 C IV a) 1
                                                      Wines from Jerez
                                                      Wines from Jerez
                                                                                           5-4
                                                                                           5-8         } 40000
               ex 22.05 C III b) 1
               ex 22.05 C IV b) 1
                                                      Wines from Jerez
                                                      Wines from Jerez
                                                                                           5-5
                                                                                           6-0         J 210 000
 ---pagebreak--- 20. 12. 76                           Official Journal of the European Communities                                        No L 350/11
               2. The Protocol on the definition of the concept of 'originating products' and on
               methods of administrative cooperation, annexed to the Agreement between the European
               Economic Community and Spain, shall be applicable.
               3. The inclusion of these wines in the Community tariff quota referred to in paragraph 1
               shall be conditional upon production of a movement certificate A.E.1 and a certificate
               of designation of origin as provided for in Regulation (EEC) No 1120/75, endorsed
               by the Spanish authorities.
                                                        Article 2
               1 . The quotas laid down in Article 1 shall be divided into two instalments.
               2. A first instalment shall be allocated among the Member States; the respective shares,
               which subject to Article 5 shall be valid until 31 December 1977, shall be as follows;
                                                                                                        (tn hectolitres)
                                                                       Jerez wines under subheadings :
                                        ■
                                                            ex 22.05 C III a) 1              ex 22.05 C III b) 1
                                                                   and                              and
                                                            ex 22.05 C IV a) 1               ex 22.05 C IV b) 1
               Germany                                             5 500                           13 100
               Benelux                                           24 200                          154 560
               France                                                300                               170
               Italy                                              2 000                                170
                                              Total              32 000                          168 000
3. The second instalment of each quota, that is 8 000            appropriate, to the extent that the amount in the
and 42 000 hectolitres respectively, shaill constitute           reserve allows.
the reserve.
                                                                 3 . If, after one or other of its second shares have
                                                                 been exhausted, 90% or more of the third share
                                                                 drawn by a Member State has been used, that
                         Article 3
                                                                 Member State shall, in accordance with the same
                                                                 conditions, draw a fourth share equal to the third.
1 . If 90% or more of the initial share of a Member
State, as laid down in Article 2 (2), or 90% of that             This process shall be applied until the reserve is
share less the amount returned into the reserve,                 exhausted.
where the provisions of Article 5 have been applied
has been exhausted, that Member State shall proceed              4. Notwithstanding the .provisions of paragraphs 1,
without delay, iby notifying the Commissfion, to draw            2 and 3, the Member States may proceed to draw
a second share equal to 15% of its initial share,                shares smaller than those fixed in those paragraphs,
rounded up to the next unit where appropriate, to                if there is reason to bdlieve that those shares might
the extent that the amount in the reserve allows.                not be used up. They shall inform the Commission of
                                                                 the reasons which led them to apply this paragraph.
2. If, after one or other of its initial shares have
been exhausted, 90% or more of the second share
drawn by a Member State has been used, that                                                   Article 4
Member State shall proceed in the manner specified
in paragraph 1 to draw a third share equal to 7*5%               Each of the additional shares drawn pursuant to
of its initial share, rounded up to the next unit where          Article 3 shall be valid until 31 December 1977.                  *
 ---pagebreak--- No L 350/ 12                         Official Journal of the European Communities                             20. 12. 76
                         Article 5                              draw pursuant to Article 3, it is possible for charges
                                                                to be made without interruption against their ac­
The Memiber States shall return to the reserve, not             cumulated shares of the Community quota.
later than 1 October 1977, the unused portion of
their initial share whidi, on 15 September 1977, is             2. The Member States shall ensure that importers of
in excess of 20% of the initial amount. They may                the said goods established in their territory have free
return a greater portion if there are grounds for be­           access to the shares allocated to them .
lieving that such portion may not be used in full.
The Member States shall, not later than 1 October               3. The Member States shall charge imports of the
1977, notify the Commission of the total quantities             said goods against their shares as and when the
of the said goods imported up to and including 15               goods are entered for home use.
September 1977, and charged against the appropriate
Community tariff quota and any quantities of the                4. The extent to which a Member State has used
initiail share returned to the reserve.
                                                                up its share shall be determined on the basis of the
                                                                imports charged in accordance with paragraph 3 .
                         Article 6
The Commission shall! keep account of the shares                                           Article 8
opened by Member States in accordance with Articles
2 and 3 and shall inform each of them of the extent
to which the reserve has been used as soon as it                On receipt of a request from the Commission,
receives tihe notifications .                                   Member States shall inform it of imports actually
                                                                 charged against their shares.
The Commission shall, not later than 5 October 1977,
notify Member States of the amount in the reserve
 after the return of shares pursuant to Article 5 .                                        Article 9
The Commission shall ensure that any drawing
 which uses up the reserve is limited to the balance            The Member States and the Commission shall co­
 available and, for this purpose, shall specify the              operate closely in order to ensure that this Regulation
 amount thereof to the Member State which makes                  is observed.
 the final drawing.
                                                                                          Article 10
                          Article 7
 1 . The Member States shall take all appropriate                This Regulation shall enter into force on 1 January
 measures to ensure that, when additional shares are             1977.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 9 December 1976.
                                                                                   For the Council
                                                                                    The President
                                                                                  P. J. J. MERTENS