CELEX: 31986R4124
Language: en
Date: 1986-12-22
Title: Council Regulation (EEC) No 4124/86 of 22 December 1986 opening, allocating and providing for the administration of a Community tariff quota for certain wines falling within subheading ex 22.05 C of the Common Customs Tariff and originating in Algeria (1987)

No L 380 / 42                                Official Journal of the European Communities                                    31 . 12 . 86
                                             COUNCIL REGULATION ( EEC ) No 4124 / 86
                                                            of 22 December 1986
                   opening, allocating and providing for the administration of a Community tariff quota for
                   certain wines falling within subheading ex 22.05 C of the Common Customs Tariff and
                                                        originating in Algeria ( 1987 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                not exist , the Community must take the measures referred
                                                                          to in Articles 180 and 367 of that Act ; whereas the tariff
                                                                          measure concerned          will ,  therefore , apply    to    the
 Having regard to the Treaty establishing the European                    Community of Ten ;
 Economic Community , and in particular Article 113
 thereof,
Having regard to the proposal from the Commission ,                       Whereas it is in particular necessary to ensure equal and
                                                                          uninterrupted access for all Community importers to the
 Whereas Article 20 of the Cooperation Agreement between                  abovementioned quota , and uninterrupted application of
 the European Economic Community and the People's                         the rates laid down for this quota to all imports of the
 Democratic Republic of Algeria (*) provides for preferential             products concerned into the Member States until the quota
 treatment for the importation of certain wines having a                  has been used up ; whereas , having regard to the above
 designation of origin and falling within subheading ex                   principles , the Community nature of the quota can be
 22.05 C of the Common Customs Tariff; whereas the                        respected by allocating the Community tariff quota among
 application of this treatment is limited until 30 June 1981 ;            the Member States ; whereas , in order to reflect most
 whereas the period for this treatment was last extended                  accurately the actual development of the market in the
 until 31 December 1986 by Regulation ( EEC ) No                          products in question , such allocation should be in
 3669 / 85 ( 2 );                                                         proportion to the requirements of the Member States ,
                                                                          assessed by reference to both the statistics relating to
                                                                          imports of the said products from Algeria over a
Whereas Council Regulation ( EEC ) No 4123 / 86 ( 3 )                     representative reference period and the economic outlook
provides for the treatment which the Community has                        for the quota period concerned ;
 applied until 31 December 1986 to be extended until
 31 December 1987 ; whereas this treatment provides that
certain wines having a designation of origin , falling within             Whereas in this case , however , neither Community nor
 subheading ex 22.05 C of the Common Customs Tariff                       national statistics showing the breakdown for each of the
 and originating in Algeria shall be exempt from customs                  types of wines in question are available and no reliable
duties on importation into the Community within the limits                estimates of future imports can be made ; whereas in these
of a Community tariff quota of 450 000 hectolitres ;                      circumstances the quota volumes should be allocated in
whereas the wines must be put up in containers holding a                  initial shares , taking into account demand for these wines
maximum of two litres ; whereas these wines must be                       on the markets of the various Member States ;
accompanied by a certificate of designation of origin in
accordance with the model given in Annex D to the
Agreement ; whereas the Community tariff quota in
 question should therefore be opened for the period
 1 January to 31 December 1987 ;                                          Whereas , to take into account import trends for             the
                                                                          products concerned in the various Member States ,            the
                                                                          quota amount should be divided into two instalments ,        the
Whereas the wines in question are subject to compliance                   first being allocated among the Member States and            the
with the free-at-frontier reference price ; whereas , in                  second held as a reserve intended to cover at a later date the
order that such wines may benefit from this tariff quota ,                requirements of Member States who have used up their
Article 18 of Regulation ( EEC ) No 337 / 79 ( 4 ), as last               initial share ; whereas , in order to guarantee some degree of
 amended by Regulation ( EEC ) No 3805 / 85 ( 5 ), must be                security to importers in each Member State , the first
complied with ;                                                           instalment of the Community quota should be fixed at a
                                                                          level which could , in the present circumstances , be 51 % of
Whereas , since a Protocol as provided for in Articles 179                the quota volume ;
and 366 of the Act of Accession of Spain an Portugal does
i1)  OJ No L 263 , 27 . 9 . 1978 , p. 2 .
(2)  OJ No L 354 , 30 . 12 . 1985 , p . 19 .                              Whereas the initial shares of the Member States may be
(3)  See page 41 of this Official Journal                                 used up at different rates ; whereas , in order to take this
(4)  OJ No L 54 , 5 . 3 . 1979 , p. 1 .                                   into account and to avoid a break in continuity , any
( s) OJ No L 367 , 31 . 12 . 1985 , p. 39 .                               Member State which has used up almost all of its initial
 ---pagebreak--- 31 . 12 . 86                                Official Journal of the European Communities                                       No L 380 / 43
share should draw an additional share from the reserve ;                  Whereas , since the Kingdom of Belgium , the Kingdom of
whereas this should be done by each Member State each                     the Netherlands and the Grand Duchy of Luxembourg are
time one of its additional shares is almost used up , and so              united within and jointly represented by the Benelux
on as many times as the reserve allows ; whereas the initial              Economic Union , all transactions concerning the
and additional shares must be valid until the end of the                  administration of the shares allocated to that economic
quota period ; whereas this form of administration requires               union may be carried out by any one of its members ,
close collaboration between the Member States and the
Commission , and the Commission must be in a position to
follow the extent to which the quota volume has been used                 HAS ADOPTED THIS REGULATION :
up and inform the Member States thereof;
                                                                                                        Article 1
Whereas , if at a given date in the quota period a substantial
quantity of its initial share remains unused in any Member                 1 . From 1 January to 31 December 1987 the customs
State , it is essential that it should return a significant               duties applicable in the Community of Ten on the
proportion thereof to the reserve, to prevent part of the                 following products shall be suspended at the level and
Community quota remaining unused in one Member State                      within the limits of a Community tariff quota as shown
when it could be used in others ;                                         herewith :
                    CCT                                                                                 Amount of                 Tariff
     Order
       No
                   heading                                Description                                   tariff quota              quota
                     No                                                                                      ( HI )                duty
    09.1001      ex 22.05 C     Wine of fresh grapes:
                                ex C. Other :
                                        — Wines entitled to one of the following designations
                                           of origin :
                                           Ai'n Bessem-Bouira , Medea , Coteaux du Zaccar ,
                                           Dahra , Coteaux de Mascara , Monts du Tessalah ,
                                           Coteaux de Tlemcen , of an actual alcoholic
                                           strength by volume not exceeding 15 % vol , in
                                           containers holding two litres or less , originating in
                                           Algeria                                                     450 000                free
2 . The wines in question are subject to compliance with                                                                       (hectolitres)
the free-at-frontier reference price .                                              Benelux                                     37   350
                                                                                    Denmark                                     22   500
The wines in question shall benefit from this tariff quota on                       Germany                                     48   000
condition that Article 18 of Regulation ( EEC ) No 337 / 79                         Greece                                        1  000
shall be complied with .                                                            France                                      46   000
                                                                                    Ireland                                     15   300
3 . Each of these wines , when imported , shall be                                  Italy                                       22   500
accompanied by a certificate of designation of origin ,                             United Kingdom                              37   350
issued by the relevant Algerian authority , in accordance
with the model annexed to this Regulation .                                3 . The       second   instalment        amounting    to     220 000
                                                                           hectolitres shall constitute the reserve .
The example of certificate which appears in the Annex to
Regulation ( EEC ) No 3670 / 85 (*) may , however , be
accepted until 31 December 1987 .
                                                                                                         Article 3
                             Article 2
                                                                           1 . If 90 % or more of a Member State's initial share , as
                                                                           specified in Article 2 ( 2 ), or of that share less the portion
 1 . The Community tariff quota referred to in Article 1                   returned to the reserve where Article 5 has been applied ,
shall be divided into two instalments .
                                                                           has been used up , that Member State shall , without delay ,
                                                                           by notifying the Commission , draw a second share equal to
 2 . A first instalment of the quota shall be allocated among               15 % of its initial share , rounded up where necessary to the
the Member States ; the shares , which subject to Article 5                next whole number , in so far as the amount in the reserve
 shall be valid up to 31 December 1987 , shall be as                       allows .
follows :
                                                                           2 . If, after its initial share has been used up , 90 % or
 (») OJ No L 354 , 30 . 12 . 1985 , p 20 .                                 more of the second share drawn by a Member State has
 ---pagebreak--- No L 380 / 44                            Official Journal of the European Communities                                   31 . 12 . 86
been used up , that Member State shall , in accordance with          as soon as it has been notified , shall inform each Member
the conditions laid down in paragraph 1 , draw a third               State of the extent to which the reserve has been used up .
share equal to 7,5 % of its initial share .
                                                                     It shall notifiy the Member States , not later than 5 October
3 . If, after its second share has been used up , 90 % or            1987 , of the state of the reserve after quantities have been
more of the third share drawn by a Member State has been             returned thereto pursuant to Article 5 .
used up , that Member State shall , in accordance with the
conditions laid down in paragraph 1 , draw a fourth share            It shall ensure that the drawing which uses up the reserve is
equal to the third .                                                limited to the balance available , and , to this end , shall
                                                                     specify the amount thereof to the Member State making the
This process shall continue to apply until the reserve is used      final drawing .
up .
4 . Notwithstanding paragraphs 1 , 2 and 3 , Member                                             Article 7
States may draw smaller shares than those fixed in these
paragraphs if there is reason to believe that those fixed           1 . Member States shall take all measures necessary to
might not be used up . They shall inform the Commission             ensure that additional shares drawn pursuant to Article 3
of their grounds for applying this paragraph .                      are opened in such a way that imports may be charged
                                                                    without interruption against their aggregate shares in the
                                                                    Community quota .
                           Article 4                                2 . Member States shall ensure that importers of the
                                                                    products have free access to the shares allocated to them .
The additional share drawn pursuant to Article 3 shall be
valid until 31 December 1987 .                                      3 . The Member States shall charge the imports of the
                                                                    products concerned against their shares as and when the
                                                                    products are entered with customs authorities for free
                                                                    circulation .
                           Article 5
                                                                    4 . The extent to which a Member State has used up its
Member States shall return to the reserve , not later than          shares be determined on the basis of the imports charged in
1 October 1987 , the unused portion of their initial shares         accordance with paragraph 3 .
which on 15 September 1987 is in excess of 20 % of the
initial amount. The may return a greater quantity if there
                                                                                                Article 8
are grounds for believing that this quantity might not be
used in full .
                                                                    At the request of the Commision , Member States shall
Member States shall notify the Commission , not later than          inform it of imports actually charged against their shares .
1 October 1987 , of the total imports of the products
concerned effected under the Community quotas up to and
                                                                                                Article 9
initial amount . They may return a greater quantity if there
are grounds for believing that this quantity might not be
used in full .                                                      The Member States and the Commision shall collaborate
                                                                    closely in order to ensure that this Regulation is
                                                                    observed .
                           Article 6
                                                                                               Article 10
The Commission shall keep an account of the shares
opened by Member States pursuant to Articles 2 and 3 and ,          This Regulation shall enter into force on 1 January 1987 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 22 December 1986 .
                                                                                          For the Council
                                                                                            The President
                                                                                              G. SHAW
 ---pagebreak---          A NEX — BILAG — ANHANG — MAPAPTHMA — ANNEX — ANNEXE — ALLEGATO — BIJLAGE — ANEXn
 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 DESIGNATIC «I OF ORIGIN
                                                                     CERTIFICAT D'APPELLATION »' 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 .
      and kind οτ packages — Marques et numéros , nombre et nature des colis :                    Gross weight     Litres
                                                                                                  Pok » brut       Litres
12 .                         Litres ( in words) — Litres (en lettres) :
13 .                                  Certificate of the issuing authority — Vis ,. de l'organisme émetteur :
14 .                         Customs stamp — Visa de la
      douane :
                                                                ( See the translation under No 15 — Voir traduction au n0
                                                                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 alcohol 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. ('
(') Space reserved for additional details given in the exporting country.
(1 ) Case réservée pour d'autres indications du pays exportateur.