CELEX: 51981PC0239
Language: en
Date: 1981-05-13
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for port wines, falling within heading No ex 22.05 of the Common Customs Tariff, and originating in Portugal (1981/82)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for Madeira wines, falling within heading No ex 22.05 of the Common Customs Tariff, and originating in Portugal (1981/82)#Proposal for a COUNCIL REGULATION (EEC) 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 (1981/82) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 239
Vol. 1981/0085
 ---pagebreak--- Disclaimer
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(81)239 final
                                                          Brussels , 13 May 1981
                               Proposal for a
                          COUNCIL REGULATION ( EEC )
opening , allocating and providing for the administration of Community
tariff quotas for port wines , falling within heading No ex 22.05 of
the Common Customs Tariff , and originating in Portugal ( 1981 / 82 )
                                                        ; <
                                                           .   - V\
                               Proposal for a .              ■
                                                   ■     >,-n        Γ-
                                                                            * .
                          COUNCIL REGULATION    ( EEC )              C     /
                                                                       ^. *
opening , allocating and providing for the administration of Community
                                                                 ;---v
tariff quotas for Madeira wines , falling within heading No ex 22.05 of
the Common Customs Tariff , and originating ;in Portugal ( 1981 / 82 )
                               Proposal for a
                        . COUNCIL REGULATION ( EEC ) .
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
                                  ( 1981 / 82 )
               ( submitted to the Council by the Commission )
C0M(81 ) 239 final
 ---pagebreak---                          EXPLANATORY MEMORANDUM
   1.     Article 9 of the Supplementary Protocol to the Agreement of 1972
         between the European Economic Community and the Portuguese
         Republic and the Protocole consequent to the accession of Greece,
         provide for the opening of Community tariff quotas for the wines
         listed below :
Cof'imon   Customs                                    Annual       Rate of
                         Description of goods         volume       réduction
Tari f f   heading
ex 22.05 C III a )        Port wines                  100 hO0 hi      60 %
ex 22.05 C IV a )        – in containers holding
                             two litres or less
ex 22.05 C III b )        Port wines                . 2.60 000 hi     50 %
ex 22.05 C IV b >         - in containers holding
                           more than two litres .
ex 22.05 C III a )        Madeira wines                  4 0i0 hi     60 %
ex 22.05 C IV a )         - in containers holding
                             two litres or less
ex 22.05 C III b )        Madeira wines                 14 500 hi     50 X
ex 22.05 C IV b )         - in containers holding
                             more than two litres
ex 22.05 C III a )        Setubal muscatel wines         2 000 hi     60 %
ex 22.05 C IV a )         w in 'containers holding
                             two litres or less
ex 22.05 C III b )        Setubal muscatel wines         1 000 hi     50 X
ex 22.05 C IV b )         - in containers holding
                             more than two litres
 ---pagebreak---                                       - 2 -
   Nevertheless, the Declaration by the European Economic Community
   on Article 9 of the Supplementary Protocol reserves the right to the
   Community from 1st July 1981 to increase , in the light of the pattern
   of trade flows , the tariff quota for Portwines in containers holding
   2 liters or less by a quantity equal to the amount not utilized in the
   tariff quota for Portwines in containers holding more than 2 liters
   opened for the preceding period ; the global volume has to be held
   unchanged at 360.LK)0 hi.
   The tariff quota of 280.000 hi for Portwines in containers holding more
   than 2 liters opened for the period from 1st July 1979 to 30 June 1980
   was used to the extent of 241.859 hi . It may be estimated that the
   tariff quota of 260.000 hi for the same wines opened for the period
   from 1st July 1980 to 30 june 1981 will be utilized to not more than
   about 240.000 hi . Under these conditions, it seems advisible to fix the
   quota for Portwines in containers holding two liters or less at
   120.400 hi for the period from 1 July 1981 to 30 June 1982 and to
   reduce the quota for Portwines in containers holding more than two
   liters to 240.000 hi .
   These wines are subject to provision relating to the common
   oraanization of the market in wine .
                I
2. In order to meet the Community s obligations to Portugal from
   1.7.1981 regulations have to be adopted providing for the
   opening , allocation and administration of these Community
   tariff quotas .
3. The Regulation provide , in the normal way , that each of the
   volumes shall be divided into two instalments , the first of
   which is to be allocated among the Member States and the
   second held as a       reserve .
 ---pagebreak--- The allocation of the first instalment is usually based on
statistics for the three preceding years and on forecasts for
the period in question . In the absence of specific Community
statistics for these wines the initial quotas have been calcu­
lated on the basis of the most recent statistics for Portuguese
exports from 1978 to 1980 . the Portuguese statistics can in
fact be considered to give a rough picture of Community imports
in the wines in question .
Owing to the special characteristics of the trade in these
wines , which also differ between Member States , the regulation ,
exceptionally , does not establish a uniform method of    /
administration .
Annex : 3 proposals for Regulations of the Council
 ---pagebreak---                        IMPORTS OF WINES ORIGINATING IN PORTUGAL
                           ( based on Portuguese statistics )
- Port Wines
                         in
                              containers ^      2 litres          in  containers ^ 2  lur&s
                   1978              1979        •19 80         1978          1979
Benelux           32.763           43.705      54.844         52.596         62.592    69.144
Denma rk           9.187            9.676      10.835         14.704         18.342    '1 6 . 988
Germany           18.360           24.396      17.601         18.530         20.244    16.687
Greece                   14               14         250        -              -           -
F rance           81 . 499        140.535     151 . 618     124.212         114.019   103 . 124
I re land              678              590          841          101               6       -
Italy             27.109           35 . 532    31 . 054         -               -           -
United Kingdom    22.873           28.608      25.467         67.871         79 . 252  65.390
      CEE        192.469          283.042     292.510       278.014         294.455   271 „ 333
- Vins de Madère
Benelux                186              244          275       4.372          4.811       2.779
Denmark                  97               79           34      3.135          3.237       2.586
Germany                141                40           63      6.324          6.113       5 . 775
Greece               -                -            -            -               -           -
F rance                  47               55           44     16.458         18.204    11 . 004
I re land            -
                                          11            5           8              17           9
Italy                  134              115            55       -               -           -
United Kingdom           69             105          127       3.296          3.497       2.743
      CEE              674              649          603      33.593         35 . 879  24.896
- Vins Moscatel de Setubal
Benelux                   5               13           46
Denma rk               -
                                        - 3             4                                             !
Germany                  15               10         -                                     -
                                                                -              -           -          I
Greece                 -                -            -
F rance                  '5                4            9                                            I
Ireland                -                -            -
                                                                                                    I
Italy                  -                -            -
                                                                                                    j
                         15               20           49       -              -           -       I
United Kingdom                                                                                     i
      CEE                40               50         108                                          !
 ---pagebreak---                                                                               Annex A - 1
                                        Proposal of a
                                 COUNCIL REGULATION (EEC) No
                                                   o(
               opening, allocating and providing for the administration of Community tariff
               quotas for port wines, falling within heading No ex 22.0S of the Common
                             Customs Tariff and originating in Portugal ( 1981 /81)
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                         4
thereof,
Having regard to the proposal from the Commission,
Whereas Article 9 of the Supplementary Protocol (')
to the Agreement between the European Economic
Community and the Portuguese Republic (2) as supplemented
by      the Protocol annexed to the Agreement between the European
 Community and the Republic of Portugal consequent to the
 accession of Greece to the Community                             hereinafter referred to as
 the Protocol , provides
  that customs duties on imports into the Community
  of certain wines originating in Portugal shall be re­
  duced :
  a) by 60 % in the case of the duties applicable to
      port wines falling within subheadings ex 22.05 C
      III a) 1 and ex 22.05 C IV a) 1 of the Common
      Customs Tariff, up to a total annual tariff quota of ,
   100 40 0 hectolitres,
   b) by 50 % in the case of the duties applicable to
       port wines falling within subheadings ex 22.05 C
       III b) 1 and ex 22.05 C IV b) 1 of the Common
       Customs Tariff, up to a total annual tariff quota of
       260 000 hectolitres ;
 Whereas the Declaration by the European Economic Community on
                                                             (4 )
 Article 9 of the Supplementary Protocol                           reserves the right
 to the Community to increase ,                   as from 1 July 1981 , the volume of the
 tariff quota referred to under a ) insofar as the tariff quota referred
 to under b ) has not been exhausted completely during the preceding
 period - the total volume remaining at 360 ^0 hi ; whereas during the
 ( 1 ) 0J N° L 348 , 31 . 12.1979 , p. 44
 ( 2 ) 0J N° L 301 , 31.12.1972 , p. 165
 ( 3 ) 0J N° L
 ( 4 ) 0J N° L 348 , 31.12.1979 , p. 61
 ---pagebreak---                                                                           Annex A - 2
  year 1980 / 81 a quantity of about 20 000 hi of Port wines referred to
  under b ) has not been exhausted ; whereas on the basis of the development
  of the importations of the wines in question during the two Last
  quota periods , it is necessary                       to fix the tariff quotas for
  these wines at respectively 120.4-00 hi and 240.000 hi for the
  period from 1 July 1981 t.o 30 June 1982 ;
   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
   actually charged ; whereas, as a result thereof, the
   wines covered by those tariff quotas should be treated
   in the same manner as wines granted preferential
   tariff concessions, provided the free-at- frontier refer­
   ence price is observed ; whereas such wines benefit
   from the tariff concessions only if the provisions of
   Article 18 of Council Regulation ( EEC ) No 337 / 79 ( 1 )
   as last amended by Regulation ( EEC ) n° 3456 /80                     are respected ;
   whereas those provisions apply to imports under those quotas ;
     Whereas it is in particular necessary to ensure for all
     Community importers equal and uninterrupted access
     to the abovementioned quotas and uninterrupted
     application of the rates laid down for these quotas to
     all imports of the products concerned into all Member
     States until the quotas have been used up ; whereas,
     having regard to the above principles, the Community
     nature of the quotas can be respected by allocating the
     Community tariff quota among the Member States ;
     whereas, in order to reflect as accurately as possible
     the true trend of the market . in the products                               •
     concerned, such allocation should be in proportion to
     the requirements of the Member- States, assessed by
     reference to the statistics of each State's imports from
     Portugal over a representative reference period and
     also to the economic outlook for the quota period
     concerned ;
     Whereas available Community statistics give no infor­
     mation on the situation of port wines on the markets ;
     whereas, however, Portuguese statistics for exports of
     these products to the Community during the past
     three years can be considered to reflect approximately
      the situation of Community imports ; whereas, on this
     basis, the corresponding imports by each of the
      Member States for the past three years represent the
      following percentages of the imports into the Commu­
      nity from Portugal of the products concerned :
( 1 ) 0J N° L 54 , 5 . 3.1979 , p. 1
( 2 ) 0J N° L 360 , 22.12.1980 , p. 18
 ---pagebreak---                                                                                        Annex A - 3
„    ^      .                                          1978         1979        1980
Port     wines     :
- in containers holding                            ,      .
   two Litres or less :
   Bénélux                                            17.0 -        15.4      > 18.7
   Denmark                                              4.8          3.5         3.7
   Germany                                              9.5          8 .6 ■      6.1
   Greece                                               -            -           -
   France                                             42.3          49.7    .   51 .8
   Ireland                                              0.4     '    0.2         0.3
   Italy                                          ' 14.1            12.5        10.6
   United Kingdom                                     11.9          10.1         8.7
                                                      1978          1979        1980
                                                                                     I
- in containers holding
   more than two litres :
   Benelux                                            18.9          21 .3       25.5            t
   Denmark                                              5.3          6.2         6.3            f
   Germany                                              6.7          6.9         6.2
   Greece                                     ■         -
   France                                  44.6
                                           -                      , 38.7        38.0
   Ireland                                              0.1
   Italy                                               –
   United Kingdom                                     24.4          26.7        24.0
  Whereas, in view of these data and the estimates
  submitted by certain Member States, initial quota
  shares may be fixed approximately at the following
  percentages :
                                  Port wines in containers '
                                           holding :
           Member States
                                two litres           more than
                                 or less             two litres
   Benelux                       17.1                 21.8
   Denmark                         3.9                  5.9
   Germany               *         7.9                  6 .6
   Greece                          0.1                  0.1
   France                        48.5                 40.3
   Ireland                         0.3                  0.1
   Italy                         12.2                   0.1
   United Kingdom                10.0                 25.2
    Whereas, in order to take into account import trends
    for . the products concerned in the various Member
    States, each of the quota amounts should be divided
    into1 two instalments, the first instalment being allo­
    cated among the Member States and the second
    forming a reserve to cover at a later date the require­
    ments of the Member States which have used up their
    initial quota shares ; whereas, in order to give impor­
    ters in each Member State a certain degree of security,
    the first instalment of the Community quotas should,
    under the present circumstances, be fixed at around                 »
    80 % of each of the quota amounts ;
 ---pagebreak--- Whereas the initial quota shares of the Member States
may be used up at different times ; whereas, in order
to take this fact into account and avoid any break in
continuity , any Member State which has almost used
up its initial quota shares should draw an additional
quota 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
repeated as many times as the reserve allows ; whereas
the initial and additional quota shares must be valid
until the end of the quota period ; whereas this
method of administration requires close cooperation
between Member States and the Commission and the
latter must, in particular, be in a position to monitor
the extent to which the quota volumes have been used
up and to inform the Member States thereof ;
Whereas if, at a given date in the quota period, a
substantial quantity of one of the initial shares
remains unused in one or other Member State it is
essential that that Member State should return a signif­
icant proportion to the reserve , to prevent a part of
any Community quota from remaining unused in one
Member State when it could be used in others ;
Whereas, since the Kingdom of Belgium , the
Kingdom of the Netherlands and the Grand Duchy of
Luxembourg are united in and represented by the
Benelux Economic Union , any operation relating to
the administration of the quota shares allocated to
that economic union may be carried out by any one
of its members.
HAS ADOPTED THIS REGULATION :
                        A rt u le 1
1.     From 1 July 1981 to 30 June 1 98 Z Community
tariff quotas shall be opened for products originating
in Portugal within the limits set out below :
                                                     (ht)
           c;cr                               Quota
                            Description
        heading No                           amounî
ex 22.05 C III a) 1
ex 22.05 C IV a ) 1       1 Port wines     120ΛΟ0
ex 22.05 C IÏI b) 1
ex 22.05 C IV b) I        1 Port wines     240.000
2.     The Common Customs Tariff duties on wines
imported within these tariff quotas shall be suspended
at the rates set out below :
 ---pagebreak---                                                                             Annex A - 5
                                                              (ECU/hl)
                    ccr
                heading No                      S:C« of duty           ,
   ex   22.05 C III a) 1                            6S
   ex   22.05 CIV a) 1                      .       70
   ex   22.05 C III b) I                            6*6
   ex   22.05 C IV b) 1                             7-2
Within the limits of these tariff quotas , Greece shall apply duties
calculated in accordance with the relevant provisions in the 1979
Act of Accession and the Protocol .
                                         /                                 I
                                                                         I
   3.     The wines shall benefit from these tariff quotas
   only if Article 18 (3) and (4) of Regulation (EEC) No
   337/79 are respected.
                             Article 2
    1.     Each of the tariff quotas referred to in Article 1
   shall be divided into two parts.,
   2. (a) The first instalment of each quota shall be allo­
           cated among the Member States ; the respective
           shares, which subject to Article 5 shall be valid
           until 30 June 1982, shall be as follows :
                                                                    m
                                Port wines under subheadings :
             Member Scates  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
     Benelux                  16.450                 41.800
     Denmark                    3.750                11.330
     Germany                    7.600                12.670
     Greece                        ΑΟΌ                    200
     France                   46.640                 77.270
      Ireland          1       ' 300                      200
     Italy                    11 . 740                    200
     Uni t ød
                                9.620                48 . 330
     Kingdom
               Total          96.200               192.000
b . The second instalment of each quota , namely 24 .Zo0 anc
       48.000 hectolitres respectively , shall constitute the
       corresponding reserve .
 ---pagebreak---                            Article 3
 1.     If 90 % or more of one of the Member State 's
 initial shares as specified in Article 2 ( 2), Or of that
share minus the portion returned to the reserve where
Article 5 is applied, has been used up, then, to the
extent permitted by the amount of the reserve, that
Member State shall forthwith, by notifying the
Commission, draw a second share equal to 1.5 % of its
 initial share, rounded up where necessary to the next
unit .
2. If, after one of its initial shares has been used up,
90 % or more of the second share drawn by a
Member State has been used up, then, to the extent
permitted by the amount of the reserve, that Member
State shall , in accordance with the conditions laid
down in paragraph I , draw a third share equal to
7-5 % of its initial share, rounded up where necessary
to the next unit.
3.      If, after one of its second shares has been used
up, 90 % or more of the third share drawn by a
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.
This process shall continue until the reserve is used
up .
4.      By way of derogation from paragraphs 1 , 2 and
3, a Member State may draw shares smaller than those
fixed in those paragraphs if there is reason to believe
that these might not be used up. It shall inform the
Commission of its reasons for applying this para­
graph .
                           Article 4
Each of the additional shares drawn pursuant to
Article 3 shall be valid until 30 June 1982;.
                           ArticU 5
The Member States shall return to the reserve, not
later than i April 19X1, the unused portion of their
 initial share which , on 15 March 198.2., is in excess of
 20 % of the initial volume . They may return a larger
quantity if there are grounds for believing that it
 might not be used .
The Member States shall , not later than 1 April 198 i
 notify the Commission of the total quantities of the
 products concerned imported up to 1 5 March 1982.
 and charged against the Community quotas and of
any quantities of the initiil shares returned to each
 reserve .
 ---pagebreak---                                                                                                 Annex A - 7
                                      Artide 6
              The Commission shall keep an account of the shares
              opened by the Member States pursuant to Articles 2
              and 3 and shall , as soon as it is notified,, inform each
              State of the extent to which the reserves have been
              used up.
              The Commission shall, not later than 5 April 198 ^
              notify Member States of the amount in each reserve
              after quantities have been returned thereto pursuant to
              Article 5 .             ,
              The Commission shall ensure that any drawing which
              uses up any reserve is limited to the balance available
              and to this end shall specify the amount thereof to the
              Member State which makes the last drawing.
                        Article 7                                                       Article 8
1.    The Member States shall take all measures neces­
                                                                 At the Commission s request Member States shall
sary to ensure that additional shares drawn pursuant to          inform it of imports of the products concerned actu­
Article 3 are opened in such a way that imports may              ally charged against their shares.
be charged without interruption against their accumu­
lated shares of the Community quotas.
                                                                                        Article 9
2. The Member States shall ensure that importers
of the products concerned established in their terri­            The Member States and the Commission shall co­
tory have free access to the shares allocated to them .          operate closely in order to ensure that this Regulation
                                                                 is complied with.
3.    The extent to which a Member State has used up
its shares shall be determined on the basis of the
imports of the products concerned originating in                                       Article 10
Portugal as and when the goods are entered with
customs authorities for free circulation .                       This Regulation shall enter into force on 1 July 1984
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at
                                                                            For the Council
                                                                              The President
 ---pagebreak---                                                                        Annex   B -  1
                                   COUNCIL REGULATION ( EEC) No             / &1
                                                     of              c
                opening, allocating and providing for the administration of Community tariff
                quotas for Madeira wines, falling within heading No ex 22.05 of the Common
                              Customs Tariff and originating in Portugal
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113
thereof,
Having regard to the proposal from the Commission,
Whereas Article 9 of the Supplementary Protocol ( ')
to the Agreement between the European Economic
Community and the Portuguese Republic ( J) and as Supplemented by
   the Protocol annexe -J to the Agreement between the European
   Economic Community and the Republic of Portugal consequent
 • to the accession of Greece to the Community ( 3 ), hereinafter
   referred to as the Frotccol , provides that customs duties on
   imports int;o the Community of certain wines originating
   in Portugal shall be reduced :
     – by 60 % in the case of the Huties applicable to
          Madeira wines falling within subheadings ex 22.05
          C III a) 1 and ex 22.05 C IV a) 1 of the Common
          Customs Tariff, up to a total annual tariff quota of
          4 0yS hectolitres,
     – by 50 % in the case of the duties applicable to
          Madeira wines falling within subheadings ex 22.05
          C ill b) 1 and ex 22.05 C IV b) 1 of the Common
          Customs Tariff, up to a total annual tariff quota of
    14,500 hectolitres ;
     Whereas Portugal has given an assurance that the
     price for wines originating in its territory will not be
     lower than the reference price iess she customs duties
     actually charged ; whereas, as a result thereof, the
     wines covered by those tariff quotas shovJ J be treated
     in the same manner as wines granteJ preferential
     tariff concessions, provided the free-at- fro'ntier refer­
     ence price is observed ; whereas such wines benefit
     from the tariff concessions only if the provisions of
     Article 18 of Council Regulation ( EEC ) ;\'o 337 / 79 ( 4 ), as last amended by
     Requlation ( EEC ) No 3456 / 80, are respected ; whereat those provisions
     apply to imports under these Quotas ;
       ( 1 ) 0J N° L 348 , 31 . 12 . 1979 , p. 44
       ( 2 ) 0J N° L 301 , 31.12.1972 , p. 165
       (3)    0J N° L
       ( 4 ) 0J N° L 54 , 5.3.1979 , p. 1
       ( 5 ) 0J N° L 360 , 22 . 12 . 1980 . o . 18
 ---pagebreak--- Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access
to the abovementioned quotas and uninterrupted
application of the rates laid down for these quotas to
all imports of the products concerned into all Member
States until the quotas have been used up ; whereas,
having regard to the above principles, the Community
nature of the quotas can be respected by allocating the
Community tariff quota among the Member States ;
  whereas, in order to reflect as accurately as possible
   the true trend of the market in the products
  concerned, such allocation should be in proportion to
   the requirements of the Member States, calculated by
   reference to the statistics of each State's imports from
   Portugal over a representative reference period and
   also to the economic outlook for the quota period
   concerned :
   Whereas available Community statistics give no infor­
   mation on the situation of Madeira wines on the
   markets ; whereas, however, Portuguese statistics for
   exports of these products to the Community during
   the past three years can be considered to reflect
   approximately the situation of Community imports ;
    whereas, on this basis, the corresponding imports by
    each of the Member States for the past three years
    represent the following percentages of the imports
    into the Community from Portugal of the products
    concerned :
                                        1978         1979   1980
    Madeira wines :
    – in     containers     holding
         two litres or less :
          Benelux                      27.6          37.5   45.9
          Denmark                       14.4         12.2     5.7
          Germany                      20.9           6.2   10.0
          Greece                           0.0        0.0     0.0
          France                           7.0        8.5     7.3
          Ireland                      ~ 0.0          1 .7    0.1
          Italy                         19.9         17.7     9.2
          United-Kingdom                10.2         16.2   21.3
          in containers holding
          wore than two litres :
          Benelux                       13.0         13.4   11 .2
        ' Denmark                                     9.0   10.4
          Germany                       18.8       , 17.0   23.2
          Greece                         -  -           -      -
          France                       49.1          50.8   44.2
          Ireland                           -           -      -
          Italy                             -           -   '  -
          United-Kingdom                  9.8         9.7   11 .0
 ---pagebreak--- Whereas, in view of these data and the -estimates
submitted by certain Member States, initial quota
shares may be fixed approximately at the following
percentages :                             -
                               Madeira win« in containers '
                                          holding :
       Member States · ·
                               two litres          more thin
                                or less .           two litres
    Benelux                     36.6               12.7
    Denmark                     10.9                 9.5
 . Germany                      12.6               19.3
    Greece                       0.1 .      .        0.1
    France                       7 .6             48.1
    Ireland                ,     0.9                 0.1
 ' Italy                        15.7              ■ 0.1 '
    Urn" ted'
                             ' 15 ,6 '             10.1
   Kingdom *
Whereas, in order to take into ir< ount import trends
for the products concerned in ihe various Member
States, the quota volumes should 'x divided into two
instalments, the first being shareu among the Member
States and the second constituting a reserve to cover at
a later date the requirements of the Member States
which have used up their 1 initial quota shares ;
whereas, in order to give imperters in each Member
State a certain degree of security, the first instalment
of the Community quotas should, under the present
circumstances, be fixed at 90 % of each of the quota
volumes ;
Whereas - the Member States' initial shates may be
used up at different times ; whereas, in order to take
this fact into account and avoid any break in conti­
nuity, any Member State which has almost used up its
initial share should draw an additional share from the
corresponding reserve ; wiicrca* this must be done by
each Member State as and when each of its additional
shares is almost used up, and . repeated as many times
as the reserve allows     whereas the initial and addi­
tional shares must be valid until the ena oi ihe quota
period ; whereas this . method of administration
requires close cooperation between Member States and
the Commission , and the latter must be in a position
to monitor the extent to whkh the quota volumes
have been used up and to inform Member States
thereof ;
 ---pagebreak---                                                                       Annex B - 4
  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
  State should return a significant proportion to the
  reserve, to prevent a part of any Community quota
  from remaining unused in one Member State when it
  could be used in others ;
  Whereas, since the Kingdom of Belgium, the
  Kingdom of the Netherlands and the Grand Duchy of
  Luxembourg are united in and represented by the
  Benelux Economic Union, any operation relating to
  the    administration  of    shares     allocated       to    that
  economic union may be carried out by any one of its
  members,
 HAS ADOPTED THIS REGULATION :
                         A rticle J
 I. From 1 July 19 ftf to 30 June 1 9 82 ^Community
 tariff quotas shall be opened for products originating
 in Portugal wihin the limits set out below.
                                                                 (hl)
            CCT                                         Quota
         heading No            Description          ■ amount
ex 22.05 C III a) 1
ex 22.05 C IV a) 1        1 Madeira wines               40SU
ex 22.05 C III b) 1
ex 22.05 C IV b) 1        1 Madeira feines
2.      The Common Customs Tariff duties ' on wines
imported within these tariff quotas shall <be suspended
at the rates set out below :
                                                           (F.ai/hi)
                CCT
            heading No                     Rate of duty
ex 22.05 C III a) Γ                            65
ex 22.05 C IV a) 1                             7-0    '
ex 22.05 C III b) 1                            6-6
ex 22.05 C IV b) 1                             7-2
                                                         V
      Within the limits of these tariff quotas , Greece shall apply
      duties calculated in accordance with the relevant provisions
       in the 1979 Act of Accession and the Protocol .
 ---pagebreak---  3. The wines shall benefit from these tariff quotas
 only if Article 18 (J) and (4) of Regulation (EEC) No
 3.57/79 is respected .
                            Artùle 2
 1.     The tariff quotas referred to in Article 1 shall be
 divided into two instalments .
 2. A first instalment of each quota shall be shared
 among the Member States ; the respective shares,
 which subject to Article 5 shall be valid until 30 June
 1985L shall be as follows :
                                                               (ht)
                             Madeira wines under subheadings :
       Member Stares      ex 22 0ΐ C III a) 1 ex 22.05 C III b) 1
                                  and                  and
                          ex 22.0S C IV a ) I ex 22 0 » C IV b) 1
 Benelux        ·             1  310             1   660
 Denma rk                        390             1   250
 Germany                         450             2 520
 Greece                            10                   20 .
 France                          2 70            6 290
 Ireland                           40                   20
 Italy                           570                    20
 United
                                 560             1   320
 Κ i ngdom
             Tota I          3 600              13 100
 3.     The second instalment of each quota,                  and
 1 *>•#) hectolitres respectively, shall constitute the
 reserve .
                            Article 3
 1.     If 90 % or more of one of a Member State s
 initial shares as specified in Article 2 (2), or of that
 share minus the portion returned to the reserve where
'Article 5 is applied, has been used up, then, to the
 extent permitted by the amount of the reserve, that
 Member State shall forthwith , by notifying the
 Commission, draw a second share equal to 1 5 % ot its
 initial share, rounded up where necessary to the next
 unit .
  2.    If, after one of its initial shares has been used up,
 90 % or more of the second share drawn by a
 Member State has been used up, then , to the extent
  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
  7-5 % of its initial share, rounded up where necessary
  to the next unit.
 ---pagebreak---  3.    If, after one of its second shares has been used
 up, 90 % or more of the third share drawn by a
 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.
 This process shall continue until the reserve is used
 up.
4.     By way of derogation from paragraphs I , 2 and
 3, a Member State may draw shares smaller than those
fixed in those paragraphs if there is reason to believe
that they might not be used up. It shall inform the
Commission of its reasons for applying this para­
graph.
                         Article 4
Each of the additional shares drawn pursuant to
Article 3 shall be valid until 30 June 1981.
                         Article 5
The Member States shall return to the reserve, not
later than 1 April 1982., such unused portion of their
initial share as, on 1 5 March 1 982-, is in excess of
20 % of the initial volume. They may return a larger
quantity if there are grounds for believing that it
might not be used.
 The Member States shall, not later than 1 April AQ&Z.j
 notify the Commission of the total quantities of the
 products concerned imported up to 15 March
 and charged against the Community quotas and of
 any quantities returned to the reserve.
                          Article 6
 The Commission shall keep an account of the shares
 opened by the Member States pursuant to Articles 2
 and 3 and shall, as soon as it is notified, inform each
 State of the extent to which the reserves have been
 used up.
 It shall, not later than 5 April /H          inform the
 Member States of the amount in each reserve after the
 return of quantities pursuant to Article 5.
 The Commission shall ensure that any drawing which
 uses up any reserve is limited to the balance available
 and, to this end, shall specify the amount thereof to
 the Member State which makes the final drawing.
 ---pagebreak---                                                                Annex B - 7
                        Article 7
 1.    The Member States shall take all measures neces­
sary to ensure that additional shares drawn pursuant to
 Article 3 are opened in such a way that imports may
be changed without interruption , against their accumu­
 lated shares ol the Community tariff quotas .
2.      The Member States shall ensure that importers
of the products concerned established in their terri­
tory have free access to the shares allocated to them .
3.      The extent to which a Member State has used up
its shares shall be determined on the basis of the
imports of the products concerned originating in
 Portugal and entered with customs authorities for free
circulation .
                        .4 rl H le 8
At the Commission s request Member States shall
 inform it of imports of the products concerned actu­
ally charged against th.-ir shares .
                        Article 9
The Member States and the Commission shall co­
operate closely in order to ensure that this Regulation
 is complied with
                        Article 10
This Regulation shall enter into force on 1 July
This   Regulation shall be bsndrng in its entirety and directly applicable in all Member
States .
Done at Luxembourg ,
                                                           For the Council
                                                            The President
 ---pagebreak---                                                                Annex C - 1
                                           Proposal of a
                                   COUNCIL REGULATION (EEC)
                 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 ( 1981 / 82 )
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113
thereof,
Having regard to the proposal from the Commission,
Whereas Article 9 of the Supplementary Protocol (')
to the Agreement between the European Economic                                    *            '
Community and the Poifjguese Republic (2) as supplemented
by        the Protocol annexed to the Agreement between the European
  Economic Community and the Republic of Portugal consequent to
  the accession of Greece to the Community ( 3 ), hereinafter referred to
 as the Protocol , provides that customs duties on imports into
  the Community of certain wines originating in Portugal shall be
  reduced :
    – by 60 % in the case of the duties applicable to
         Setubal muscatel wines falling within subheadings
         e* 22.05 C III a) 1 and ex 22.05 C IV a) 1 of the
          Common Customs Tariff, up to a total annual
          tariff quota of 2 000 hectolitres,
    – by 50 % in the case of the duties applicable to
          Setubal muscatel wines falling within subheadings
          ex 22.05 C III b) 1 and ex 22.05 C IV b) 1 of the
          Common Customs Tariff, up to a total annual                                        '
          tanff 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
    actually charged ; whereas, as a result thereof, the
    wines covered by those tariff quotas should be treated
     in the same manner as wines granted preferential
     tariff concessions, provided the free-at-frontier refer­
    ence price is observed ; whereas such wines benefit
     from the tariff concessions only if the provisions of
   Article 18 of Council Regulation ( EEC ) No 337 / 79 ( 4 ), as last amended by
    ( EEC ) n° 3456 /80 ( 5 ), are respected ; whereas those provisions apply '
    to imports under those quotas ;
    ( 1 ) 0J N° L 348 , 31.12.1979 , p. 44
    ( 2 ) 0J N° L 301 , 31 . 12.1 972 , p. 165
    ( 3 ) 0J N° L
    ( 4 ) 0J N° L 54 , 5.3.1979 , p. 1
    ( 5 ) 0J N° L 360 , 22.12.1980 , p. 18
 ---pagebreak---                                                                 Annex C - 2
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access
to the abovementioned quotas and uninterrupted
application of the rates laid down for these quotas to
all imports of the products concerned into all Member
States until the quotas have been used up ; whereas,
having regard to the above principles, the Community
nature of the quotas can be respected by allocating the
  Community tariff quota among the Member States ;
 whereas in order to reflect as accurately as possible the
  true trend of the market in the products concerned,
 such allocation should be in proportion to the require­
 ments of the Member States, calculated by reference
 to the statistics of each Staee's imports from Portugal
 over a representative reference period and also to the
 economic outlook for the quota period concerned ;
  whereas available Community statistics give no infor­
  mation on the situation of Setubal muscatel wines on
 the markets ; whereas, however, Portuguese statistics
 for exports of these products to the Community
 during the past three years can be considered to
 reflect approximately the situation of Community
 imports ; whereas, on this basis, the corresponding
 imports by each of the Member States for the past
 three years represent the following percentages of the
 imports into the Community from Portugal of the
 products concerned :
                                                    1978   1979      1980
  Setubal muscatel wines :
  - in containers holding two
      litres or less :
      Bénélux                                         13    26        43
      Denmark                                                6         4
     Germany                                         37     20
     Greece
      France                                          13     8         8
      Ireland                                          -
      Italy                                            ~
      United Kingdom                                 37     40        45
                                                           1979      1980
      in containers holding more
      than two      litres    :
     Bene lux
      Denma rk
     Germany
     G reece
      F ranee
      I reland
      Italy
     United Kingdom
 ---pagebreak---    whereas, in view of ihese factors and the estimate*
   submitted by certain Member States, initial quote
   shares may be fixed approximately at the following
   percentages :
     V
                                  Setúbal inuscttrl wines in
                                     containers holding :
           Member Sutes
                                 two litres        more than
                                  or less           two litres
Benelux                             32               . 19
Denmark                               3            -    5
Germany                             12                 19
Greece                                1                 5
France                                9         .      19
Ireland                               1                 5
Italy                                 1                 9
United Kingdom                     41                  19
 Whereas, in order to take into account import trends
 for the products concerned in the various Member
 States, each of the quota volumes should be divided
 into two instalments, the first being shared among the
 Member States and the second constituting a reserve
 to cover at a later date requirements of Member States
 which have used up their initial quota shares ;
 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
 circumstances, be fixed at 50 % of each of the quota
 volumes ;
 Whereas the Member States' initial shares may be
 used up at different times ; whereas, in order to take
 this fact into account and avoid any break in conti­
  nuity, any Member State which has almost used up its
  initial quota shares should draw an additional 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 repeated as
  many times as the reserve, allows ; whereas the initial
 and additional shares must be valid until the end of
 the quota period ; whereas this method of administra­
 tion requires close cooperation between Member
 States and the Commission, and the latter must be in
 a position to monitor the extent to which the quota
 volumes have been used up and to inform the
  Member States thereof :
 ---pagebreak---                                                                Annex C - 4
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
State should return a significant proportion to the
reserve to prevent a part of any Community quota
from remaining unused in one Member State when it
could be used in others ;
Whereas, since the Kingdom of Belgium , the
Kingdom of the Netherlands and the Grand Duchy of
Luxembourg are united in and represented by the
Benelux Economic Union, any operation relating to
the administration of the quota shares allocated to
that economic union may be carried out by any one
of its members.
 HAS ADOPTED THIS REGULATION :
                         Article 1
  1.    From 1 July 1981 to 30 June 1 98*-, Community
 tariff quotas shall be opened for products originating
 in Portugal and within the limits set out below :
                                                          (ht)
            CCT                                     Quota
                             Description
         heading No                                amount
 ex 22.05 C III a) 1
 ex 22.05 C IV a) !
                          Setúbal muscatel
                          wines
                                                 1 2 000
 ex 22.05 C III b) 1
  ex 22.05 C IV b) 1
                          Setúbal muscatel
                          wines
                                                 1 I 000
  2.    The Common Customs Tariff duties on wines
  imported within these tariff quotas shall be suspended
  at the rates set out below :
                                                      (ECU/ht)
                  CCT
                                         Rate of duty
              heading No
  ex  22.05 C  III a) 1                      6-5
  ex 22.05 C   IV a) 1                       7-0
  ex  22.05 C  III b) 1                      66
  ex 22.05 C   IV b) I                       7-2 ,
Within the Limits of these tariff quotas , Greece shall apply
duties calculated in accordance with the relevant provisions
 in the 1979 Act of Accession and the Protocol .
 ---pagebreak---      3.      The wines shall benefit from these tariff quotas
     only if Article 18 (3) and (4) of Regulation (EEC) No
     337/79 is respected.
                               Article 2
     1.      The tariff quotas referred to in Article 1 shall be
     divided into two instalments.
     2.      A first instalment of each quota shall be allo­
     cated among the Member States ; the respective
     shares, which subject to Article 5 shall be valid until
     30 June 1 98*2-, shall be as follows :
                                                                     (M)
"
                            Setúbal muscatel wines under subheadings :
          ' Member States    ex 22.05 C 111 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
  Benelux                          320 .         .        95
  Denmark                            30                   25
  Germany                           120                   95
  Greece                              10                  25
  France                             90                   95
  Ireland                             10                  25
  Italy                               10                  45
  United Kingdom                   410       ·            95
            Total               1   000                 500
        3. The second instalment of each quota, I 000 and
        500 hectolitres respectively, shall constitute the
        reserve .
                                  Article 3
        1.     If 90 % or more of the Member State s initial
       share as specified in Article 2 (2), or of that share
        minus the portion returned to the reserve where
       Article 5 is applied, has been used up, then, to the
       extent permitted by the amount of the reserve, that
       Member State shall forthwith, by notifying the
       Commission, draw a second share equal to 15 % of its
        initial share, rounded up where necessary to the next
       unit.
        2. If, after one of its initial shares has been used up,
       90 % or more of the second share drawn by a
       Member State has been used up, then, to the extent
       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
       7-5 % of its initial share, rounded up where necessary
       to the next unit.
 ---pagebreak--- 3.     If, after one of its second shares has been used
up, 90 % or more of the third share drawn by a
Member State has been used up , that Member State
shall, in accordance with the conditions laid down in
paragraph I , draw a fourth share equal to the third .
This process shall continue until the reserve is used
up .
4. By way of derogation from paragraphs 1 , 2 and
3, a Member State may draw shares smaller than those
fixed in those paragraphs if there is reason to believe
that these might not be used up. It shall inform the
Commission of its reasons for applying this para­
graph .
                          Article 4
Additional shares drawn pursuant to Article 3 shall be
valid until 30 June 1981
                          Article 5
The Member States shall return to the reserve, not
later than 1 April 1 981, such unused portion of their
initial share as, on 15 March 1981, is in excess of
20 % of the initial volume. They may return a larger
quantity if there are grounds for believing that it may
not be used .
The Member States shall, not later than 1 April 19SI,
notify the Commission of the total quantities of the
 products in question imported up to 15 March 198&
 and charged against the Community quotas and of
 any quantities of the initial shares returned to each
 reserve .
                           Articit 6
 The Commission shall keep an account of the shares
 opened by the Member States pursuant to Articles 2
 and 3 and shall , as soon as it is notified, inform each
 Member State of the extent to which the reserve has
 been used up.
 It shall inform the Member States, not later than 5
 April 1 982. of the amount of each reserve after quanti­
 ties have been returned pursuant to Article 5 .
 The Commission shall ensure that any drawing which
 uses up the reserve is limited to the balance available
 and to this end shall indicate the amount thereof to
 the Member State which maH-s such last drawing.
 ---pagebreak---                                                                         Annex C - 7
                        Article 7
1.    The Member States shall take all measures neces­
sary to ensure that additional shares drawn pursuant to
Article 3 are opened in such a way that imports may
be charged without interruption against their accumu­
lated shares of the Community quotas.                ,
2.    The Member States shall ensure that importers
of the products in question established in their terri­
tory have free access to the shares allocated to them.
3. The extent to which a Member State has used up
its shares shall be determined on the basis of imports
of the products in question originating in Portugal
and entered with the customs authorities for free circu­
lation.
                        Article 8
At the request of the Commission the Member States
shall inform it of imports of the products concerned
actually charged against their shares.
                        Artille 9
The Member States and the Commission shall co­
operate closely in order to ensure that this Regulation
is complied with .
                       Article 10
This Regulation shall enter into force on 1 July 1 98^ -
  This Regulation shall be binding in its entirety and directly applicable in all Member
  States.
  Done at
                                                           For the Council
                                                             The President