CELEX: 31986R4120
Language: en
Date: 1986-12-22 00:00:00
Title: Council Regulation (EEC) No 4120/86 of 22 December 1986 opening, allocating and providing for the administration of a Community tariff quota for wines of fresh grapes falling within subheading ex 22.05 C of the Common Customs Tariff and originating in Cyprus (1987)

No L 380 / 34                                  Official Journal of the European Communities                                  31 . 12 . 86
                                               COUNCIL REGULATION ( EEC ) No 4120 / 86
                                                            of 22 December 1986
                   opening, allocating and providing for the administration of a Community tariff quota for
                   wines of fresh grapes falling within subheading ex 22.05 C of the Common Customs Tariff
                                                      and originating in Cyprus ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 and Portugal , the Community must take the measures
                                                                          referred to in Articles 180 and 367 of the said Act; whereas
                                                                          the tariff measure in question therefore applies to the
                                                                          Community of Ten ;
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113
thereof,
                                                                          Whereas it is in particular necessary to ensure for all
Having regard to the proposal from the Commission ,                       Community importers equal and uninterrupted access to
                                                                          the abovementioned quota and uninterrupted application
                                                                          of the rates laid down for that quota to all imports of the
Whereas the Supplementary Protocol to the Agreement                       products concerned into all Member States until the quota
establishing an Association between the European                          has been used up ; whereas , having regard to the above
Economic Community and Cyprus ( J ) came to an end on                     principles , the Community nature of the quota can be
31 December 1980 , whereas to avoid interruption of its                   respected by allocating the Community tariff quota among
trade relations with that country , the Community has made                the Member States ; whereas , in order to reflect as
applicable for 1984 the provisions of the abovementioned                  accurately as possible the true trend of the market in the
Protocol in Council Regulation ( EEC ) No 3700 / 83 of                    products in question , such allocation should be in
22 December 1983 laying down the arrangements                             proportion to the requirements of the Member States,
applicable to trade with Cyprus ( 2 );                                    calculated by reference to the statistics for imports of the
                                                                          products in question from Cyprus over a representative
                                                                          reference period and also to the economic outlook for the
Whereas , pending the definition of arrangements applicable               quota period concerned ;
beyond 31 December 1984 , it is necessary to extend
provisionally for 1987 the arrangements which the
Community applies currently to trade with Cyprus on the
basis of the abovementioned Protocol ;
                                                                          Whereas , however , neither Community nor national
                                                                          statistics showing the breakdown for each of the types of
Whereas the abovementioned Protocol provides for the                      wine in question are available and no reliable estimates of
opening of an annual Community tariff quota of 10 000                     future imports can be made ; whereas , in these
hectolitres of certain wines of fresh grapes , in containers              circumstances , the quota should be allocated in initial
holding two litres or less , falling within subheading ex                 shares on the basis of the likely demand for these wines on
22.05 C of the Common Customs Tariff and originating in                   the markets of the various Member States ;
Cyprus , at rates of customs duty equal to 25 % of the
customs duty in the Common Customs Tariff, whereas the
Community tariff quota should be opened for the period
 1 January to 31 December 1987 ;                                          Whereas, in order to take into account import trends for
                                                                          the products concerned in the various Member States , the
                                                                          quota volume should be divided into two instalments , the
Whereas the wines in question are subject to compliance                   first being shared among the Member States and the second
with the free-at-frontier reference price ; whereas , in order            constituting a reserve to cover at a later date the
that such wines may benefit from this tariff quota ,                      requirements o( Member States which have used, up their
Article 18 of Regulation ( EEC ) No 337 / 79 ( 3 ) as last                initial quota shares ; whereas , in order to give importers in
amended by Regulation ( EEC ) No 3805 / 85 ( 4 ), must be                 each Member State a certain degree of security , the first
complied with ;                                                           instalment of the Community quota should under the
                                                                          present circumstances be fixed at 80 % of the quota
                                                                          volume ;
Whereas , in the absence of a protocol such as that provided
for in Articles 179 and 366 of the Act of Accession of Spain
                                                                          Whereas the Member States' initial shares may be used up
H    OJ No L  172 , 28 .  6 . 1978 , p. 2 .                               at different times ; whereas , in order to take this fact into
(2)  OJ No L 369 , 30 .   12 . 1983 , p. 1 .                              account and avoid any break in continuity , any Member
( 3) OJ No L 54 , 5 . 3 . 1979 , p. 1 .                                   State which has almost used up its initial quota share
(4)  OJ No L 367 , 31 .   12 . 1985 , p . 39 .                            should draw an additional share from the reserve ; whereas
 ---pagebreak--- 31 . 12 . 86                                   Official Journal of the European Communities                                     No L 380 / 35
this must be done by each Member State as and when each                        Whereas , since , the Kingdom of Belgium , the Kingdom of
of its additional shares is almost used up , and repeated as                   the Netherlands and the Grand Duchy of Luxembourg are
many times as the reserve allows ; whereas the initial and                     united within and jointly represented by the Benelux
additional shares must be valid until the end of the quota                     Economic Union , any operation relating to the
period ; whereas this method of administration requires                        administration of the quota shares allocated to that
close cooperation between Member States and the                                economic union may be carried out by any of its
Commission , and the latter must be in position to monitor                     members ,
the extent to which the quota volume has been used up and
to inform the Member States ;
                                                                               HAS ADOPTED THIS REGULATION :
                                                                                                            Article 1
Whereas , if at a given date in the quota period a substantial
quantity of an initial share remains unused in any Member                      1 . From 1 January to 31 December 1987 on the import
State , it is essential that that Member State should return a                 into the Community of Ten the customs duties for the
significant proportion to the reserve , to prevent a part of                   following products , originating in Cyprus shall be
any Community quota from remaining unused in one                               suspended at the levels and within the limits of a
Member State when it could be used in others ;                                 Community tariff quota of 10 000 hectolitres as follows :
                      CCT
     Order                                                                                                                         Quota
                     heading                                                Description
       No
                       No
                                                                                                                                   duty
    09.1415          22.05         Wine of fresh grapes ; grape must with fermentation arrested by the addition of
                                   alcohol :
                                   C. Other :
                                        I. Of an actual alcoholic strength by volume not exceeding 13 % vol , in
                                            containers , holding :
                                            ex a ) Two litres or less :
                                                   — Wine of fresh grapes                                                     3,6 ECU per hi
                                       II . Of an actual alcoholic strength by volume exceeding 13 % vol but not
                                            exceeding 15 % vol in containers holding :
                                            ex a ) Two litres or less :
                                                   — Wine of fresh grapes other than liqueur wines of an actual
                                                        alcoholic strength by volume of 15 % vol                              4,2 ECU per hi
2 . The wines in question shall be subject to compliance                       3 . The second instalment , amounting to 2 000 hectolitres ,
with the free-at-frontier reference price . In order that such                 shall constitute the reserve .
wines may benefit from this tariff quota Article 18 of
Regulation ( EEC ) No 337 / 79 must be complied with .
                                                                                                            Article 3
                              Article 2
                                                                               1.    If 90 % or more of a Member State's initial share as
1 . The Communitiy tariff quota referred to in Article 1                       specified in Article 2 ( 2 ), or 90 % of that share minus the
shall be divided into two instalments .                                        portion returned to the reserve where Article 5 has been
                                                                               applied , has been used up , then , to the extent permitted by
2 . A first instalment , amounting to 8 000 hectolitres , shall                the amount of the reserve , that Member State shall
be allocated among the Member States ; the shares which ,                      forthwith , by notifying the Commission , draw a second
subject to Article 5 , shall be valid until 31 December 1987                   share equal to 15 % of its initial share , rounded up where
shall be as follows :                                                          necessary to the next unit .
                                                       (hectolitres)           2 . If, after its initial share has been used up , 90 % or
        Benelux                                              10                more of the second share drawn by a Member State has
        Denmark                                            380                 been used up , then that Member State shall , in accordance
        Germany                                            540                 with the conditions laid down in paragraph 1 , draw a third
        Greece                                              10                 share equal to 7,5 % of its initial share , rounded up where
        France                                              10                 necessary to the next unit .
        Ireland                                            340
        Italy                                               10                 3 . If, after its second share has been used up , 90 % or
        United Kingdom                                   6 700                 more of the third share drawn by a Member State has been
 ---pagebreak--- No L 380 / 36                            Official Journal of the European Communities                                 31 . 12 . 86
used up , that Member State shall , in accordance with the          It shall inform the Member States , not later than 5 October
conditions laid down in paragraph 1 , draw a fourth share           1987 of the amount in the reserve after quantities have
equal to the third .                                                been returned thereto pursuant to Article 5 .
                                                                    It shall ensure that the drawing which exhausts the reserve
This process shall continue until the reserve is used up .          does not exceed the balance available and , to this end ,
                                                                    notify the amount of the balance to the Member State
4 . By way of derogation from paragraphs 1 , 2 and 3 , a            making the last drawing .
Member State may draw shares smaller than those fixed in
those paragraphs if there are grounds for believing that
                                                                                                Article 7
they might not be used up . It shall inform the Commission
of its reasons for applying this paragraph .
                                                                    1 . The Member States shall take all measures necessary to
                                                                    ensure that additional shares drawn pursuant to Article 3
                                                                    are opened in such a way that imports may be charged
                          Article 4                                 without interruption against their accumulated shares of
                                                                    the Community quota .
The additional shares drawn pursuant to Article 3 shall be
valid until 31 December 1987 .                                      2 . The Member States shall ensure that importers of the
                                                                    products in question have free access to the shares allocated
                                                                    to them .
                          Article 5
                                                                    3 . The extent to which a Member State has used up its
Member States shall return to the reserve , not later than          share shall be determined on the basis of imports of the
1 October 1987 , such unused portion of their initial share         products in question entered with the customs authorities
as , on 15 September 1987 is in excess of 20 % of the initial       for free circulation .
volume . They may return a larger quantity if there are
grounds for believing that this quantity may not be used .                                      Article 8
The Member States shall notify the Commission , not later           At the Commission's request, the Member States shall
than 1 October 1987 , of the total quantities of the products       inform it of imports of the products concerned actually
in question imported up to 15 September 1987 and charged            charged against their shares .
against the tariff quota and of any quantity of the initial
shares returned to the reserve .
                                                                                                Article 9
                                                                    The Member States and the Commission shall cooperate
                          Article 6                                 closely in order to ensure that this Regulation is complied
                                                                    with .
The Commission shall keep an account of the shares
opened by Member States in accordance with Articles 2
and 3 and , as soon as it is notified , shall inform each                                      Article 10
Member State of the extent to which the reserve has been
used up .                                                           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