CELEX: 31985R1527
Language: en
Date: 1985-05-23 00:00:00
Title: Council Regulation (EEC) No 1527/85 of 23 May 1985 opening, allocating and providing for the administration of Community tariff quotas for Setubal muscatel wines falling within heading No ex 22.05 of the Common Customs Tariff and originating in Portugal (1985/86)

8.6.85                                      Official Journal of the European Communities                            No L 150 / 37
                                           COUNCIL REGULATION (EEC) No 1527/85
                                                           of 23 May 1985
               opening, allocating and providing for the administration of Community tariff quotas for
               Setubal muscatel wines falling within heading No ex 22.05 of the Common Customs
                                            Tariff and originating in Portugal ( 1985/86)
THE COUNCIL OF THE EUROPEAN                                            application of the rates laid down for these quotas to
COMMUNITIES,                                                           all imports of the products concerned into all
                                                                       Member States until the quotas have been used up ;
Having regard to the Treaty establishing the                           whereas, having regard to the above principles, the
European Economic Community, and in particular                         Community nature of the quotas can be respected by
Article 113 thereof,                                                   allocating the Community tariff quota among the
                                                                       Member States ; whereas, in order to reflect as
Having regard to the proposal from the Commission,                     accurately as possible the true trend of the market in
                                                                       the products concerned, such allocation should be in
Whereas Article 9 of the Supplementary Protocol (')                    proportion to the requirements of the Member States,
to the Agreement between the European Economic                         calculated by reference to the statistics of each State's
Community and the Portuguese Republic (2),                             imports from Portugal over a representative reference
completed by Council Regulation (EEC) No 2370/81                       period and also to the economic outlook for the
of 27 July 1981 laying down the arrangements                           quota period concerned ;
applicable to trade between Greece and Portugal (J),
provides that customs duties on imports into the
Community of certain wines originating in Portugal
shall be reduced :                                                     Whereas available Community statistics give no infor­
                                                                       mation on the situation of Setubal muscatel wines on
— by 60 % in the case of the duties applicable to                      the markets ; whereas, however, Portuguese statistics
    Setubal muscatel wines falling within subheadings                  for exports of these products to the Community
    ex 22.05 C III a) 1 and ex 22.05 C IV a) 1 of the                  during the past three years can be considered to
    Common Customs Tariff, up to a total annual                        reflect approximately the situation of Community
    tariff quota of 2 000 hectolitres,                                 imports ; whereas, on this basis, the corresponding
                                                                       imports by each of the Member States for the past
— by 50 % in the case of the duties applicable to                      three years represent the following percentages of the
    Setubal muscatel wines falling within subheadings                  imports into the Community from Portugal of the
    ex 22.05 C III b) 1 and ex 22.05 C IV b) 1 of the                  products concerned :
    Common Customs Tariff, up to a total annual
    tariff quota of 1 000 hectolitres ;
Whereas Portugal has given an assurance that the
price for wines originating in its territory will not be
lower than the reference price less the customs duties
                                                                       \                             1981       1982     1983
actually charged ; whereas, as a result thereof, the
wines covered by those tariff quotas should be treated
                                                                       Setubal muscatel wines :     \
                                                                       — in containers holding      \li
in the same manner as wines granted preferential                           two litres or less :     II\
tariff concessions, provided the free-at-frontier                          Benelux                    29         47       13
reference price is observed ; whereas such wines                           Denmark                    11          9       13
benefit from the tariff concessions only if the                            Germany                    —          —        —
                                                                           Greece
provisions of Article 18 of Council Regulation (EEC)                       France
                                                                                                      —
                                                                                                      —
                                                                                                                 —
                                                                                                                  2
                                                                                                                          —
                                                                                                                          —
No 337/ 79 (4), as last amended by Regulation (EEC)                        Ireland                    —          —        —
No 775 / 85 (s), are respected ; whereas those                             Italy                      —           2       —
provisions apply to imports under those quotas ;                           United Kingdom             60         40       74
                                                                       — in containers holding      IIl
Whereas it is in particular necessary to ensure for all                    more than two litres : ;         Il
Community importers equal and uninterrupted access                         Benelux                    —                   —
to the abovementioned quotas and uninterrupted                             Denmark                    —          —        —
                                                                           Germany                    —          —        —
                                                                           Greece                     —          —        —
                                                                           France
(») OJ No   L 348 , 31 . 12. 1979, p. 44.                                                             —          —        —
                                                                           Ireland
O   OJ No   L 301 , 31 . 12. 1972, p. 165 .
                                                                                                      —          —        —
O   OJ No   L 236, 21 . 8 . 1981 , p. 1 .                                  Italy                      —          —        —
                                                                           United Kingdom                        —        —
O   OJ No   L 54, 5 . 3 . 1979, p. 1 .
(5) OJ No   L 88 , 28 . 3 . 1985 , p . 1 .
 ---pagebreak--- No L 150 /38                          Official Journal of the European Communities                                     8.6.85
Whereas, in view of these factors and the estimates              reserve to prevent a part of any Community quota
submitted by certain Member States, initial quota                from remaining unused in one Member State when it
shares may be fixed approximately at the following               could be used in others;
percentages :
                                                                 Whereas, since the Kingdom of Belgium, the
                              Setubal muscatel wines in          Kingdom of the Netherlands and the Grand Duchy
                                 containers holding :            of Luxembourg are united within and jointly
      Member States                                              represented by the Benelux Economic Union, any
                           two litres           more than
                             or less            two litres
                                                                 operation relating to the administration of the quota
                                                                 shares allocated to that economic union may be
Benelux                        25                   20           carried out by any one of its members,
Denmark                        11                     5
                                                                 HAS ADOPTED THIS REGULATION :
Germany                          1                  20
Greece                           1                    1
France                           5                  20                                      Article 1
Ireland                          1                    5
                                                                 1 . From 1 July 1985 to 30 June 1986 Community
Italy                            1                    9          tariff quotas shall be opened in the Community for
United Kingdom                 55                   20           products originating in Portugal and within the limits
                                                                 set out below :
                                                                                                                     (hectolitres )
Whereas, in order to take into account import trends                       CCT                                     Quota
for the products concerned in the various Member                        heading No            Description         amount
States, each of the quota volumes should be divided
into two instalments, the first being shared among the           ex  22.05 C  III a)  1  \ Setubal                 2 000
Member States and the second constituting a reserve              ex  22.05 C  IV a)   1  j muscatel wines
to cover at a later date requirements of Member                  ex  22.05 C  III b)  1  \ Setubal                 1 000
States which have used up their initial quota shares ;           ex  22.05  C IV b)   1  j muscatel wines
whereas, in order to give importers in each Member
State a certain degree of security, the first instalment
of the Community quota should, under the present                 2.     The Common Customs Tariff duties on wines
circumstances, be fixed at 50 % of each of the quota             imported within these tariff quotas shall be suspended
volumes :                                                        at the rates set out below :
                                                                                                                        (ECU/bl)
                                                                                  CCT
                                                                              heading No                  Rate of duty
Whereas the Member States' initial shares may be
used up at different times ; whereas , in order to take           ex 22.05  C  III a)  1                      6.5
this fact into account and avoid any break in                    ex  22.05  C  IV  a)  1                      7,0
continuity, any Member State which has almost used               ex  22.05  C  III b)  1                      6.6
up its initial quota shares should draw an additional            ex  22.05  C  IV  b)  1                      7,2
share from the corresponding reserve ; whereas this
must be done by each Member State as and when
each of its additional shares is almost used up, and             Within these tariff quotas, Greece shall apply customs
repeated as many times as the reserve allows ; whereas           duties calculated in accordance with the relevant
the initial and additional shares must be valid until            provisions of the 1979 Act of Accession and of Regu­
the end of the quota period ; whereas this method of             lation (EEC) No 2370/ 81 .
administration requires close cooperation between
Member States and the Commission, and the latter                 3 . The wines shall benefit from these tariff quotas
must be in a position to monitor the extent to which             only if Article 1 8 (3) and (4) of Regulation (EEC) No
the quota volumes have been used up and to inform                337 / 79 is respected.
the Member States thereof;
                                                                                            Article 2
                                                                  1.    The tariff quotas referred to in Article 1 shall be
                                                                 divided into two instalments .
Whereas if, at a given date in the quota period, a
substantial quantity of an initial share remains unused
in any Member State it is essential that that Member             2. A first instalment of each quota shall be
State should return a significant proportion to the              allocated among the Member States ; the respective
 ---pagebreak--- 8.6 . 85                                  Official Journal of the European Communities                            No L 150/ 39
shares , which subject to Article 5 shall be valid until              believe that these might not be used up. It shall
30 June 1986, shall be as follows :                                   inform the Commission of its reasons for applying
                                                                      this paragraph .
                                                        (hectolitres)
I                               Setubal muscatei wines under
                                                                                              Article 4
                                        subheadings :
       Member States
                           ex 22.05 C III a) 1 ex 22.05 C III b) 1    Additional shares drawn pursuant to Article 3 shall be
                                   and                 and            valid until 30 June 1986.
                           ex 22.05 C IV a) 1 ex 22.05 C IV b) 1
Benelux                             250                100
                                                                                              Article 5
Denmark                             110                 25
                                                                      The Member States shall return to the reserve, not
Germany                              10                100
                                                                      later than 1 April 1986, such unused portion of their
Greece                               10                   5
                                                                      initial share as , on 15 March 1986, is in excess of
France                               50                100            20 % of the initial volume. They may return a larger
Ireland                              10                 25            quantity if there are grounds for believing that it may
                                                                      not be used .
Italy                                10                 45
United Kingdom                      550                100
                                                                      The Member States shall , not later than 1 April 1986,
                   Total          1 000               500
                                                                      notify the Commission of the total quantities of the
                                                                      products in question imported up to 15 March 1986
                                                                      and charged against the Community quotas and of
3.      The second instalment of each quota, 1 000 and                any quantities of the initial shares returned to each
500 hectolitres respectively, shall constitute the                    reserve .
reserve .
                                                                                              Article 6
                          Article 3
                                                                      The Commission shall keep an account of the shares
1.     If 90 °/o or more of the Member State's initial                opened by the Member States pursuant to Articles 2
share as specified in Article 2 (2), or of that share                 and 3 and shall , as soon as it is notified, inform each
minus the portion returned to the reserve where                       Member State of the extent to which the reserve has
Article 5 is applied , has been used up, then, to the                 been used up.
extent permitted by the amount of the reserve , that
Member State shall forthwith, by notifying the                        It shall inform the Member States, not later than
Commission, draw a second share equal to 10 % of                      5 April 1986, of the amount of each reserve after
its initial share, rounded up where necessary to the                  quantities have been returned pursuant to Article 5 .
next unit .
2.     If, after one of its initial shares has been used
                                                                      The Commission shall ensure that any drawing which
                                                                      uses up the reserve is limited to the balance available
up, 90 % or more of the second share drawn by a                       and to this end shall indicate the amount thereof to
Member State has been used up, then , to the extent                   the Member State which makes such last drawing.
permitted by the amount of the reserve, that Member
State shall, in accordance with the conditions laid
down in paragraph 1 , draw a third share equal to                                             Article 7
5 % of its initial share, rounded up where necessary
to the next unit.                                                      1.    The Member States shall take all measures
                                                                      necessary to ensure that additional shares ' drawn
3.      If, after one of its second shares has been used              pursuant to Article 3 are opened in such a way that
                                                                      imports may be charged without interruption against
up, 90 % or more of the third share drawn by a                        their accumulated shares of the Community quotas.
Member State has been used up, that Member State
shall , in accordance with the conditions laid down in
paragraph 1 , draw a fourth share equal to the third.                 2 . The Member States shall ensure that importers
                                                                      of the products in question established in their
This process shall continue until the reserve is used                 territory have free access to the shares allocated to
up .
                                                                      them .
4 . By way of derogation from paragraphs 1 , 2 and                    3.     The extent to which a Member State has used
3 , a Member State may draw shares smaller than                       up its shares shall be determined on the basis of
those fixed in those paragraphs if there is reason to                 imports of the products in question originating in
 ---pagebreak--- No L 150 / 40                       Official Journal of the European Communities                               8.6.85
Portugal and entered with the customs authorities for                                  Article 9
free circulation .
                                                               The    Member    States   and   the  Commission   shall
                       Article 8
                                                               cooperate closely in order to ensure that this Regu­
                                                               lation is complied with .
At the request of the Commission the Member States                                     Article 10
shall inform it of imports of the products concerned
actually charged against their shares .                        This Regulation shall enter into force on I July 1985 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 23 May 1985 .
                                                                                     For the Council
                                                                                       The President
                                                                                     C. SIGNORILE