CELEX: 51973PC0586
Language: en
Date: 1973-04-12
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for Port wines falling within sub-heading ex 22.05 of the Common Customs Tariff, originating in Portugal#Proposal for a REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for Madeira wines falling within sub-heading ex 22.05 of the Common Customs Tariff, originating in Portugal#Proposal for a REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for Moscatel de Setubal wines, falling within sub-heading ex 22.05 of the Common Customs Tariff, originating in Portugal (Submitted by the Council to the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 586
Vol. 1973/0118
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(73)586 final
                                               Brussels , 12 Aprii 1973
                           Proposal for a
                   REGULATION ( ESC ) OP THE COUNCIL
   opening, allocating and. providing for "the administration
   of a Community tariff quota for Port wines falling within
   sub-heading ex 22.05 of the Common Customs Tariff , origi­
   nating in Portugal
                           Proposal for a
                   REGULATION ( EEC ) OP THE COUNCIL
   opening, allocating and providing for the administration
   of a Community tariff quota for Madeira wines falling
   within sub-heading ex 22.05 of the Common Customs Tariff ,
   originating in Portugal
                           Proposal for a
                   REGULATION ( CEE ) OP THE COUNCIL
   opening , allocating and providing for the administration
   of a Community tariff quota for Mo scat el de Setubal wines ,
   falling within sub-heading ex 22.05 of the Common Customs
   Tariff , originating in Portugal
         ( Submitted by the Council to the Commission)
   cc:.:(73 ) 586 final
 ---pagebreak---                                 EXPLANATORY lET'ORAl®UM
1 . Article 4 of Protocol LTo 8 to the Agreement "between the European
     ι
Economic Ccrcrrurity zr.i tio'Pcrt'-igtiase Republic provides for the opening
of Community tariff quotas f?r the wines listed "below : .
Comiîion Customs               Description oi goods         Annual        Rate of
Tariff 'heading                                             Total         réduction
No                                                          Volume
ex 22.05 C III a ) 1         ( Port –
ex 22.05 C IV a ) 1          ( in containers holding         20 000 hl
                             ( two litres or less
ex 22.05 C III a) 2' aa) ( Port -
ex 22.05 C IV a) 2aa ) ( in containers holding              285,000 h2       50%
                               two litres or more
ex 22.05 C III a ) 1        •( Madeira
ex 22.05
ex  22.05 CC III a; 22 aa
             IÎI a)    aa ) (                                15 000 hl        30%
ex 22.05 C IV a) 1
ex 22.05 C IV a) 2 aa)
ex 22.05 C III a ) 1         ( Setubal muscat el
ex 22.05 C III a ) 2 ceia )                                     3 000 hl      30% '
ex 22.05 C IV a ) 1
ex 22.05 C IV a ) 2 aa )
These wines will of course remain subject to provisions relating to the
common organization of the market in wine .. .... "" "        '
2 . The aforementioned Agreement entered into force on 1 January 1 973 •
Nevertheless , tariff quotas can "be opened only for sn initial period
beginning on,1 July 1973 *      This is the effect of Article 6 of the Protocol
in question j^ead in conjunction with Article 59(0(c ) of 'the Act of
Accession. Under these provisions also in the first 'quota period up •'
until 31 December 1973 duties can be reduced "by 20% only. In fact ,
under Article 6 of Protocol Ho 8 , the duties on the quotas are not to "be
lower than those applied by the Kember States among themselves .         Pursuant
 ---pagebreak---                                  - 2 -                QUD/2 30/7 3-E
to Article 59(l)(c ) of the Act of Accession, the first reduction of
duties in intra-Community trade will not take place until 1 July 1973
and will amount to only 20% of the basic duties .
3 . ./As regards the volume of quotas , the Protocol in question stipulates
that total annual volumes are involved .     It does not , however , ,include
a "prorata temporis" clause ,* which would reduce these Volumes
proportionately should quotas he opened after 1 January . Thus the
quota can he opened for the total' annual volume for the initial period
running from 1 July to 31 December 1 973 *                          "
                                                           #
The Regulations provide , in the normal way , that each of the vdlumes
shall be divided into tranches , the first of which is to be allocated
among the Member States and the second held as a reserve .
                                                                      *
The allocation of the first tranche is usually based on statistics-
for the three preceding -years and on forecasts for the period in question
 In the absence of Community statistics the initial quotas have been
 calculated on the basis of the most recent statistics for Portuguese
 exports from 19^9 "to 1971 - The Portuguese statistics can in fact be
 considered to give a rough picture of Community imports of the wines
 in question .                       ;
                                                                   Λ
4.    The Regulations provide for only one form of administration, namely .
the "gradual" method, to be applied "by each Member State to these quotas .
5 . CONCLUSION                     -
                                       *             ~„   -             *
In order to fulfil the obligations of the Community towards Portugal ,
Regulations should be adopted to open , allocate and provide for the
administration of these Community tariff quotas .-
                                         I •
This is the subject of the proposals annexed hereto .
 ---pagebreak---                                                   .  .   ANNEX
        •'          .      Proposal for a
                REGULATION ( aaC ) OF THE COUNCIL
                               %
                                                       *
               opening , allocating and providing
for the administration of a Community tariff quota for p
         wines falling within sub-heading ex 22.05 of
      the Common Customs Tariff , originating in " ^cjrtugal
THE COUNCIL OP THE EUROPEAIT COIffiUMITIES ,
HAVIITG ?JBGARD to the Treaty'- establishing the European
Economic Community and in particular Articles 43 and 113.
thereof ;
HAVIITG HEGAPD to the proposal from the Commission ;
HAVIITG HEGAIH) to the Opinion of the European Parliament :
 ---pagebreak---                                  - 2 -                 GUD/2 30/73-E
                                                        AENEX I
Whereas Article 4 of - Protocol Ho 8 to the Agreement "between the
                                                              1
European Economic Community and the Portuguese Republic provides
+h°+             rhitifi*? nn imports into the Community of certain wines
originating in Portugal , shall "be reduced :
– "by 60% in the case of the duties applicable to port falling within ■
   subheadings Nos ex 22.05 C HI &) 1 and ex 22.05 C IV a ) 1 of
   the Common Customs Tariff , up to a total annual tariff quota of
   20 000 hi ; and                                                   -
– by 50$ in the case of the duties applicable to port falling within
  subheading No ex 22.05 0 III a) 2 AA and No ex 22.05 C IV a) 2 aa )
  of the Common Customs Tariff , up to a total annual tariff quota of
  285 000 hi ;
Whereas , however , under Article 6 of Protocol No 8 and Article 59 of
the Act concerning the Conditions of Accession and the Adjustments to
               2    ....
the Treaties , the first quota period is to rt£h only from 1 July to
31 December 1973 and the reduction in duties is limited to 20$;
whereas this reduction applies , in the case of the Community as
originally constituted to the Common Customs Tariff duties , and , In
the case of the new Member States , to such duties as these States may
from time to time apply to imports from third countries ; whereas these
wines will remain subject to provisions governing -the- common
organization of the market in wine ;                        -
1 0J No L 301 , 31 December 1972 , p. I65 .
20J No L 73, 27 Karch 1972 , p. 14. I :
 ---pagebreak--- Y/HEREAS -it is in particular necessary to ensure to all
        t
Community importers equal and unint erru.pt od access to the
abovementioned quotas and uninterrupted application of
                                                  . *
the rates laid down for these quotas to all- jnnports of
the products concerned into all Member States until the  »
quotas have been .used up ; whereas , having regard to the
principles mentioned above , the Community nature of the   r
quotas can be respected by allocating the Community
tariff quota among the Member States ; whereas , in order
to reflect most accurately the actual development of the
market in the products concerned , such allocation should
be in proportion to the . needs of the Member States ,
assessed by reference both to the statistics of each
State 's imports from?ortugalover ..a representative period
and to the economic outlook fcJr : the quota period
concerned ;
WHEREAS available Community statistics give ^ko-
information on the situation of Port... wines on the markets
whereas , however port a cuese statistics for exports of these
products to the Community during the last few years can
 ---pagebreak---                                              .                       ■     annt;X I         .
                                      - 4 -
be considered to reflect approximately the situation of
Community imports whereas on this basis the
corresponding iaports by each of the Member States
represent the following percentages of the imports into
the Community from Spain of the products concerned :
           1
                                         ■       1969           1970                      1971
                                                                       4
   Port      wines :                                             φ
  – m receptacles
      contaming two litres •
      or less :        . ..
I      Germany                                   19,6         19 ,* •                     16,3-
j      Bénélux                                    9,9          10 , 2 ..-              . -12 , «
I      France                                    39,8         35,1                        33,-6
       Italy •                                   23,6         27,4                        27,5-    |
I      Denmark                               ! 3,1 .             2A                  •     2,2'    I
       Ireland                         I          0.0      - . 0.3                 . • 0,2
J United Kingdom                       |          3,6            S9                        7,2
  ~ in receptacles
      containing more than
      two litres :              . ' ■
I      Germany                         j   -
                                                                 9,2                       9,V
f    ■ Bénélux " " ' •                         r 15,8          1V.8 ■               ' . 15,3
f      France                                  ' ^5,9-        ^5,2 -.                   ! Mf,8   ■
[      Italy                . •                   0.0            0,0                       0,0
       Denmark                                 - 5,7              6,2                      5,5
i      Ireland                                    1,9         ... IL.?.  .                  1,6
I      United Kingdom                            22,3 '* I-' 22^9              I        '23 , *
                                                            f
                                                                                 • • •/ • • •
 ---pagebreak---                                                                   ANNEX' I
                                                              I
                                  - 5 -                   . ·
  Y/HERSAS , in view of these data and the estimates submitted "by-
   certain Ilcr.ber States, initial quota shares nay be fixed
 approximately at the following percentages :
                          Port wines in receptacles containing
              »    j   -fcwo litres - or less j nore than two litres
        ' ' *      1                          I
                   I
                   i
                    l       '                 l
    ucrrnany                   • 18,1         ]          - 9,0            .  __
    Bénélux        j             11,3                                ■: .
    France                       35 >                       ^5,3
 . Italy                         26.7                         0,1-
    Domnark                                                   5,7
I Ireland          I              0,2                         1,7 - • •
 . United Kingdom                 5,6                       22,9 . .
 WHEREAS , in order to take into account import trends for
 the products concerned in the different Member States', each ■
 of the q.uota amounts should be divided into two instalments ,
 the first instalment being allocated among the Member
  States , and the second forming a reserve intended ultimately
 to cover the requirements of the Member States which'have
 used up their intial .quota shares;' whereas , in order to
  ensure a certain degree of security to importers in each
 Member State , the first instalment of" the Community quotas
  should be determined at a level which , under present
  circumstances , may be 90 yo of each of the quota amounts ;
                                                       f        »
                                           „                                f\  «
                                       • i n
 ---pagebreak--- V/HEREAS the' initial quota shires 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, it is
 important that any Member State having used up almost the
whole 'of its initial quota 'share should draw an additional
quota share from the reserve ; whereas - this must be done by
each Member State as and when each of its additional quota,
 shares is almost entirely used up , and repeated as many
times as the reserve allows ; whereas the" intial 'and
additional quqta shares must be available for use until the .
end of the quota period ; ; whereas this method of administration
calls for close cooperation between Member States ana the
Ciommission, which must , in particular be able to observe the
extent to which the quota amounts are used and inform Member
States - thereof ;                   -                          .■
                                            - „            X    •
WHEREAS if , at a specified date in the queta period , a
considerable balance remains in one or other Member State it
is essential that that Member State pays a large amount of it
back into the reserve , in order to avoid a pa.rt of one or.
other of the Community quotas remaining unused in one Member . . .
State when it could be used in others ;
V/HEREAS, since the Kingdom of. Belgium, the Kingdom of file
Netherlands and the Grand Duchy o.f Luxembourg are united in and
                                                             *
represented oj the Benelux Economic Union, all transactions
concerning the administration of shares granted to the
ab'ovementioned Economic Union may be carried ' out bjr any of
its members ;                    : :      .             -     .
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                                       Article 1               ^ •
  '   •'            .                                '    *
  1 . For the period from 1 July 1973 "to 31 December 1 97 3 » Community
  tariff quotas shall "be opened within the European Economic Community
  for products originating in Portugal , and within the limits listed
          «
 below :
  Common Customs Tariff                                                  Volume of the
 heading No                          • Description of goods              quota
  ex 22.05 C III a) 1          )       Port                              20 000 KL
                               \
  ex 22.05 C IV a ) 1        .
                                 . .<&        '·
  ex 22.05 C III a ) 2 aa)     )
                               \
                                       Port                             285 000 hl
                                              U
  ex 22.05 C IV a) 2 aa )
  2.   The Common Customs Tariff duties on wine s imported under these tariff
  quotas shall "be suspended at the rates listed "below :                       \
  Common Customs Tariff                                     -Rate -of duty
  heading lío
  ex  22.05 C III a ) 1                                       . 10.8  u.a. /hl
  ex  22.05 C IV a) 1                                           11.6  u.a./hl
  ex  22.05 C III a ) 2 aa )                                     8.8  u.a./hl
  ex  22.05 C IV a) 2 aa )                                       9 í6 u.a./hl .
 ---pagebreak---                                                                I
                                                                                 ANNEX I
                                              - 8 -
      3 . The customs duties to be applied to these wines "by Denmark ,
       Ireland and the United Kingdom shall be such duties as these States
      may from time to time apply to imports from third countries, less 20$.. •
       4 . These tariff quotas shall .be allocated and administered as
       provided hereunder .                                                                       .
          *
                                            Article 2
  1.        ' The quotas laid down in Article 1 shall "be divided -
      'into two instalments *                         £;                .
  2.             The first instalment shall be shared among the Member
        States ;     the proportions which, subject" to Article 5 , shall
        be valid until 31 December 1973 shall consist of the                                  ' ,   ..
        following amounts:' -                                                  •
                                          ( in hecto litres )
                                Port „.wines under sub-headings
                          ex 22.05 C Iir a ) 1 ... ex 22.05 C III                      a) 2(aa )
                                      and                                 and
                          ex 22.05 C          IV a ) ' 1       ex 22.05- C     IV a ) 2(aa )
I Germany                             3.250              I         '  • 25.-1C0
j r. '*n e 1 v                  *      ~    '-fO                        39»£G 0--
j France                1           - 6.410                            115.ÇCO
I Italy                                k.tCO                                 200
(   L' tjn.-nark                          ^0     . i     I              n.6co -
[ Ireland                                   ko                            k.bCO
                                                           |            58.600
I United Kingdom        I
                        !
                                       1.C10
                                                           ii
                Total   !         " 18 . 000       - - :    !■ ...     256 . coo
                        I                          :'
                                                                                 • • • /• • •
 ---pagebreak---        The second instalment of each quota , 2 , 000 hectolitres
or     . 000 hectolitres respectively , constitutes the reserve
                         Article 3
       If 90ya or more of ^the initial share of a Member State ,
as laid down in Article 2(2 ), of 90?o of that share less
the - amount returned into the reserve , where the provisions
of Article 5 have "been applied , has been exhausted , that
Member State shall proceed without delay , 'by notifying
the Commission, to draw a second share equal to "15$ of
its initial share , rounded up to the next unit where
appropriate , to the extent that the amount in the reserve
allows .                                                / .
                                                            »
       If , after one or other of its initial - shares have
been exhausted , 90$ or more of the second share drawn by
a Member State has been used ,. that Member State shall
proceed in the manner specified in paragraph 1 to draw a'
third share equal to 7.5f° of its initial share , rounded -
up to the next unit where appropriate , to the extent
that the amount in the reserve allows .
       If , after one or others of its second . shares have been
exhausted , 90fo or more of the;; third share .drawn by.,a
Member State has been used , that Member State shall
proceed in the manner specified in paragraph 1 , to draw a
fourth share equal to the third .
                                          t
       Ihis process shall be applied until the reserve is . .
exhausted .                      "
 ---pagebreak---  4.         Notwithstanding; the provisions of paragraphs 1 , 2
    and 3 , "the Ilcrnbor States may proceed to draw shares
    smaller than those fixed in those paragraphs , if thero is
    reason to "believe that those shares might not "be used up .
    They shall inform the Commission of the reasons which led
      *                            »                 ?
    them to apply this paragraph *
          9                 *
                               Article 4
                              ■ 'i *
      Each . of the additional shares drawn pursuant to      -
Article 3 shall be valid until 31 December 1973 »
                               Article 5                    *■
      If , by 15 November - 1973 , a Member State has not used
up its initial shares , it shall , tiot later than
30 November 1973 * return to the reserve the unused portion of
these shares in excess of 20$ of the initial amount .       It may
return a larger quantity if there are reasons to consider
that such quantity might not be used .
                                     »                         . *
      The Member Ste.tes shall , not ; later than
30 November 1973 notify the Commission of the total imports
of the products concerned effected up to . 15 "i^ovember - 1973
inclusive , and charged against the Community quotas and ,
where appropriate , the proportion of their initial shares
that is being returned to each reserve .
 ---pagebreak---                                             «                 AHîîlDX I
                                  - 11 -
                                 Article 6
             The Commission shall keep account of the shares
   opened by Member States in accordance with Articles 1 '
   and 3          ~h?.ll inform each of them of the extent to
   which the reserves have been used as soon aa it receives
     •                         *                      *
   the notifications »
           t
       *                            i
         4
             The Commission shall , not later than 5 December     19-73
   notify Member States of the amount in each Preserve
.. after the return of shares pursuant to Article 5#
             The Commission shall ensure that any drawing which
  uses up any reserve is limited to the balance available
   and , for this purpose , shall specify the amount thereof
   to the Member State which makes the final drawing#
                                 Article 7
   1,           The Member States shall take all appropriate
    ' measures to ensure that , when additional shares
        are drawn pursuant to Article 3 , it is possible for
        charges to be made , without interruption , against
        their accumulated shares of the Community quotas#
                                                    *        *
   2.           The Member States shall guarantee to- importers
        of the products concerned established in their
        territory free access to :; the shares . allocated to them .
                                                           « * •/ • • «
 ---pagebreak---                                                                                         ANNEX I
                               - 12 -
                                                                                     #
3 ..         The Member States shall charge imports of the
     products concerned against their shares according
     as the products - have been presented for Customs
                     ^          /->•     r\ -O r»   r\ +•     r.n o   4- Vi o •c  •*- Vi ntr
                        UV V    S/ J» Lt O W   CA-X Ur UX vixO         l/ lici u
    .have been made available for consumption . r
4»      *'  The extent to which the Member States' shares
     have been used up shall be recorded on the basis
     of the imports charged under 'the conditions laid
 «, down in paragraph 3#
                              Article 8
                                                                                                »
       ■ Member States shall inform " the Commission at
regular- intervals of imports of the products' concerned
actually charged against their shares# " *                        #
                             'Article 9                    *'
         The Member' States and the Commission shall co-operate
closely in order to ensure that1 the provisions of this
Regulation are observed »
                                                     •                      .   t
                             Articïe 10                  *
         This Regulation shall enter into force " on 1 st July 1975
                                         i •                    •
                                                                    t
                                                                              f          •
 ---pagebreak---                                                                   ANNEX T
                                          13 -     ■
          This Regulation shall "be binding m its entirety
     and directly applicable in all Member States .
                                            Done at Brussels ,
                                                           For the Council
                                                               Hhe President
                                                              * .
                                                                        •        m
«i
   *                                                                        •
                                                                                S
                                     •  •                                 V         '
                                   I                                          *
                                •             « • –
                                                        –                       * •
                     • •      m                             -                     •
                                                    t
                                                      '           ' 9 ι
                                                         ■f           •
                                            '                                         »•
                         • sV
                                  .M  ■                                                  *
 ---pagebreak---                                                                       ANNEX II
                          Proposal for a .                „
                  REGULATION ( EEC ) OF THE COUNCIL
  opening , allocating and providing for the administration
       - of a Community tariff quota for Madeira wines ' •
 falling within sub-heading ex 22.05 of the Common Customs'
                 Tariff , originating in Portugal
THE COUNCIL OP THE EUROPEAN COEKTJKITIES , .
HAVING REGARD to the Treaty establishing the European
Economic Community arid in particular Articles 43 and *
113 thereof ;                         1 ■'                              •
                                        1-
HAVING REGARD to the proposal from the Commission ;
HAVIITG REGARD to the Opinion of the European Parliament --
                                                    t
                                                      »     ' * « >
                                                        /       «
                                                              • • </ • » •
 ---pagebreak---                              - 2 -                  GUD/230/73-E
                                                         AMEX II
   Whereas Article 4 of Protocol No 8 to the Agreement between the
                                                            1
   European Economic Community and the . Portuguese Republic , provides
      •                          *
   that customs duties on imports into the Community of             Madeira
   originating in Portugal , falling within subheadings Nos ex 22.05 C III a)
          *                       - ιΛ
   ex 22.05 C III a ) 2 aa), ex 22.05 C IV a) 1 and ex 22.05 C IV a) 2 aa)
   of the Common Customs Tariff are to be reduced by '30$ up to a total
  annual tariff quota of 15 000 hi ; whereas , however under Article 6 of
  Protocol No 8 and Article 59 of "the Act concerning the Conditions of
                                                   2
  Accession and the Adjustments to the Treaties , the first quota period .
   is to run only from 1 July to 31 December 1973 » and "the reduction in
  duties is limited to 20$; whereas this reduction applies , in the case
   of the Community as originally constituted , to the Common Customs Tariff
   duties and , in the case of the new Member States ,- to such duties as
  these States may from time to time apply to imports from third countries ;
  whereas these wines will remain subject to "the provisions governing the
   common organization of the market in wine ;
î                                            •
  0J No L 301 , 31 December 1972 , p * 165 .
  0J No L 73 , 27 March 1972 , p. 14 . "
 ---pagebreak---    WHEIiEAS it is in particular necessary to ensure to all ' •
   Community importers equal and uninterrupted access to the
      cyc-t 2n *t i.     cl ^ 1 1 o ?.           vjt. 1 g rmt) *t 0 d £i *o "olics."tion of "t ^c
   rates, laid down for that quota to all imports of the products
 " concerned into all Member States until the quota has been
  used up > whereas , having rega.rd to                             the principles mentioned
   above , the Community nature of ■ the quota can be respected
  by allocating the Community tariff quota - among 'the Member
   States ; whereas , in order to reflect most accurately the
  actual development of the market in the products concerned ,
  -Ouch allocation should be in proportion to the needs of the
  Member States , assessed by reference both to the statistics
   of each State ; s imports fromPortugslovcr a representative •
  period and to the economic outlook for the quota period
   concerned :                                            ■  "      •
  WHEREAS avaii.aole Community statistics - give no information
   011 the situation, of Madeira wines on the markets ; whereas , . . h
  however Portuguese statistics for . exports of these products
  to the Community during the last - few years " cm be considered
  to reflect approximately the situation of Community . imports ;
  whereas , on this basis the corresponding imports by each of
  tlie Member 'States during the last three years- represent
  the following percentages of the : imports into the Community
  from Toriufaaf th'c products concerned :                              •           "
                                                            f
                                       1959                       1970          · !I  ■ ■ • ; 1 97 1 ■ •
     • Germany                i         '3,2                    21 Λ .                        2 s-, 5
       Bénélux                                                  12,6                          1m-, o
       r rar.ee                        4.1 , 6 .                kO , 2                        7.0 C,     I
       itnlv                             0,3                                                    0,9
       Denmark                         17,3 '           !     ■ 13,9                          13,8
       Ireland       , .    I            0,1            L        - o,c       •    l             c,1      !
J      united Kinedori                 10,0
                                                                   8,7             |            o    7
                                                                                                ■> % <
 ---pagebreak---                                                         *       ■   '         . ΑΝΝΒΧ II
                                                                  *       . #
                                        -4            '
V/H2REAS , in view of these data and the estimates submitted
by certain Member States , initial quota shares may be fixed
               o t;jLy ai i/ ue following percentages !                            ,
                          Germany     *                 20,-'         - V
                          Bénélux .          '   -,     13 1 -                             :
             •            France - •                    40 , -
           '              Italy            '               1
                          Denraark                      15
                          Ireland                          1           ,
                          United Kingdom                10 v -"
WHEREAS , in order to take into account import trends for the
products concerned in the different Member States , the quota'
amount should be divided into two ; instalments , the first „
instalment being allocated among ithe Kember States , and
the second forming a reserve intended ultimately to cover the
requirements of the lumber States ! which have used up their
initial quota shares ; whereas , in order to ensure a certain .
degree of security to importers in each Kember State ,, the first
instalment of the Community quota should be determined at a
level which , under present' circumstances^ may bo 90 7* pf •
the quota amount ;               '  •    . - , .    :     .              . •     1       t   ■
                     »        •*                             .
V/I-IERSAS 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 , it is                                    ■
important that any Member St ate ^ having used up almost the
whole of its initial quota share 'should draw an additional
quota share from the reserve ; whereas this must be done by
each Kember '.State as and when each of i'ts additional quota,
shares is almost entirely used up , and repeated as many tiYnes
as the reserve allows : whereas the initial and additions1.! quota
shares must be available for use until the end of the quota
period ; v.'horcas this method of administration calls' for close
co-operation between ICember States and the Commission , which
must , in •©articular be able to observe the extent to which
 ---pagebreak---                                                                        ANNEX II .
                                     - 5 -      •                  '
  WIlHRBAS if , at a specified date in the quota period , a'
  considerable balance of the initial share remains in one or
  other.' lier-foer State it is essential that 'shat Member State
  pays a largo amount of it bo.c]£ into the reserve , in order to
. avoid a part of the Comnraiiity quota regaining -uriused in one
  Member State when it could be used in others :
             i
  WHEREAS , since the Kingdom of Belgium , the . Kingdom 01 the φ
 Netherlands and the Grand Duchy, of Luxembourg are united m ;
  and represented by the Benelux Economic Union , all trans- ■
  actions concerning the admini strati on of shares granted to
 the abovementioned Economic Union may be carried out by
 any of its members ;                  ' ■         '■
 HAS ADOPTED THIS REGULATION :
                             Article 1
   1 . For the period from 1 July 1973 "to 31 December 1973 , a Community
   tariff quota of 1 5 000 hi shall "be opened within the European Economic
   Community, for Madeira originating in Portugal , falling within                _
   subheadings Kos ex 22.05 C III a ) 1 , ex 22.05 C III a) 2 aa),
   ex 22.05 C IV a ) 1 and ex 22.05 C IV a ) 2 aa ) of the Common - Customs
   Tariff .                                               1
                                                            0             *
                                          t r,
   2 . The Common Customs Tariff duties applicable to wines imported under
   this -tariff quota' shall be suspended at the rates listed below :
   Common Customs
                                                              f      •
   Tariff heading                                 Rate of duty
   Ko
   ex  22.05   C III a) 1                              10.8   u.a./hl
   ex  22.05   C IV a) 2 aa              • '            8.8   u.a. /hl
   ex  22.05   C IV a ) 1                              11.6   u.a./hl
   ore 22.05   C IV a ) 2 aa                            9.6   u.a. /hl
 ---pagebreak---                                                               ANN2X II­
                                   - o -
 3.   The customs duties to "be applied to these wines "by Denmark ,
 Ireland and the United Kingdom shall "be such duties as these
 States may from time to time apply to imports from third countries ,
 less 20$.
 4.  Those tariff quotas shall "be allocated and administered as provided
 hereunder .
                                                          *           *
                                                                    •
                              • • Article 2
       The Community Tariff quota referred to in Article l.is
divided into two instalments .
       A first instalment , amounting to             13*500 hectolitres of
this quota slis.ll be shared among the Member States ; the.
proportions which., subject to Article 5 > shall be valid ,
until 31 December 1973 shall consist of the following amount
                                             in hectolitres
                  Germany                      2.700 ,-     .   ....
                  Bénélux                '     1.750 ,-
                  France                       5.^00 ,-
                  Italy                            iho ,-
                  Denmark                  !"  2.020 ,-
                : Ireland                ^       % 140 ,-
                  United Kingdom               1«350 ,-
 ---pagebreak---            i -                              "       '             ANNEX II "
            1                                                              ––
                                                                '  /
                              - 7 -                       '              ■
3.        The second instalment of the quota to 1.500 hecto-
    litres , shall make up the reserve .
                            Article _}
1,        If 90$ or more of the initial share of a Member State
   as laid down in Article 2(2 ), or 90$ of that share less
   the amount returned into the reserve , where the provisions
   of Article 5 have been applied , has be'en -exhausted , that
   Kember State shall proceed without delay , by notifying
   the Commission , . to draw a second share eoxu3.1 to 15$ of
   its initial share , rounded up to the next unit where
   appropriate , to the extent that the amount in the • '                     0»
   reserve allows .                      ■-
                                                        »
2.       If , after its initial share has been exhausted , 90$
   of the second share dram by a Kember -State has been used ,
   that Kember State shall proc.eed , in' the manner specified :
   in paragraph "2 , to draw* a third share equal to 7.5$ of
   its initial share , rounded up to the next unit whore .                       ■
   appropriate , to the extent that . the amount in the reserve
   allows , :                      "   ;
                                     . 1                               '
3.       If , after its second - share has been e'xliaustod , . 90c/j or
   more of the third share drawn - by a Kember State has -bec-n
   used , that I.'cmber State shall : proceed , in the manner
   specified in paragraph 1 to draw' a fourth share equal to
   the third .                    i:              '   .
                                                            * • «/   • • •
 ---pagebreak---                                                                  ΑΓΙίΙΕΧ II
                                       - 8 -
           This process shall be applied until the reserve is
           .. J- r- A
4i         Notwithstanding the provisions 01 pe.ragrc.phs 1 , 2 ana 3 >
   ' the ria.'.iber States may proceed' to draw shares smaller than
     those fixed in those paragraphs , if there is reason -to
     believe that those shares might not be used up . They shall
     i:\form the Commission of the reasons which led them to apply
                                                                     »
     this paragraph .
                                 Article 4
                                 – ■ m –■– m . I
                                                                       '' '  &
           The additional shares drawn. 1 pursuant to Article 3 shall
     be valid until 31 December 1973 .                  '      .
                                 Article 5
           If , by 15 November 1973 > a Member State has not used
     up its initial share , it shall , not later than 30 November 1973 >
     return the unused portion of this share in excess of 20yo of
     the initial amount .     It may return a larger. Quantity if there
     are reasons to consider that such quantity might not be used .
           The Iileniber States shall , not later than 30 November 1973 > •
     notify the Commission of the tbt&l imports of the products
     concerned effected up to 15 november          1 973 " inclusive , and
     charged against the Community quota and , where appropriate ,
     the proportion of their initial share that is being returned
     to the reserve .                            '                          *•
 ---pagebreak---                                                       ANNEX II
                             . - 9 -    •
                                                    #
                            Article 6
          The Commission shall Iceep account of the share opened
   by. Member States in accordance v/ith Articles 2 and 3 and
   sna-LJL lm'ora eacn oi xnem or the extent to v/hich the
  reserve has been used as soon as it receives ? the notification
         'The Commission shall , 'not later than 5 December 1 97 3
  notify Member States of the amount in the reserve - after the
                                                  *
• return of shares pursuant to Article 5 . *           .
·»                                  , .
          The Commission shall ensure that aiay drawing which
 uses tip the reserve is limited to the balance available
  and , for this purpose , shall specify the amount thereof        ,
  to the Member State v/hich maires the final drawing .
                            Articre 7
          The Member States shall talce all measures necessary
 to ensure that , when additional shares are drawn pursuant
 to Article 3 , it is possible for charges to be made without
  interruption against 'their accumulated shares of the            • .
 Community ouota .
                                •         » # •–
          The Member States shall guarantee to importers - of
 the products concerned established in their territory
 free access to the shares allocated to them .                        .
          The Member States shall ^charge imports of .the products
 concerned against their shares in so - far as the products •
have been presented for Customs clearance under cover of
 declarations that they have' been 'made available for
 consumption . "                                               ;i L'
 ---pagebreak---                                                                     ANNEX II
                                      - 10 -
        The    en". ' "t ? v.'hicli the Member States' shares have been
 used . up shall be recorded, on the' basis of the . imports charged
'in the conditions laid down in paragraph 3 .
          T
                                    Article 8
                                                             Φ             ·
    „ Member States shall inform the Commission at regular -
 intervals of imports from Malta actually charged against
 their shares .
                                    Article 9
     . The Member States and the Commission shall co-operate :
 closely in order to ensure that the provisions of this
 Regule.tion are observed .
                                   Article 10                    ^
        This Regulation shall enter : into force on 1st July 1 S 73 .
                                                      (
        This Regulation shall be binding in its entirety and-
 directly applicable in all Member States .
                                        Done at . Brussels ,
                                          v         For the Council
                                                     The President
 ---pagebreak---                                                     ANNEX' III
                           Proposal for a
         • -     - REGULATION (EEC ) OP THE COUNCIL
    t
  opening , allocatzuig and providing for the administration
                  of a Community tariff quota
   for Moscatel de Setuhal wines ,       ..     '     *
  falling within sub-heading ex 22.05 of the Common Customs
              -• Tariff , originating in Portugal
THE COUNCIL OF THE EUROPEAN COMMUNITIES , ,
HAVING REGARD to the Treaty establishing the European Economic
Community and in particular Articles" 43 and 113 thereof ;
HAVING REGARD to the -p'roposal from the Commission ;
HAVING REGARD to the opinion , of the European Parliament ;
 ---pagebreak---                                                                                A3TÏÏEX III
                                                   - 2 -
 Uhcreas Article 4 of Protocol ITo 3 to the 1 Agreement "between the European
                                                         1
Economic Community and the Portuguese Republic provides that customs ^duties
 cm ' itupux'lo i«tc the Ccm£ur.ity cf 5?gtv.v ?.l            originating in Portugal ,
falling j-ri. thin subheadings Nos e^ 22.05 C III . a) 1 , and ex 22.05 C ill a) 2. aa),
ex 22.05 V IV a) 1 and ex 22.05 C IV a) 2 aa ), of the Common Customs Tariff are
to "be reduced "by 30$ up to a total annual tariff quota of 3 000 hi ; whereas , •
however , under Article 6 of Protocol ITo 8 and Article 59 of the Act concerning
                                                                               2
the Conditions of Accession and the Adjustments to . the Treaties , the first quota
period is to run only from 1 July to 31 December 1973 , 'and the reduction
in duties is limited to 20$ ; whereas this reduction applies , in -the case
of the Community as originally constituted , to the Common                Customs Tariff
duties and , in the case of the new Member States , to such               duties as these
Member States may from time to time apply to imports from                 third countries ;
whereas these wines will remain subject to the provisions                 governing the
common organization of the market in wine ;                    ~  '
                                                :  Π{ *   · .       -              ψ        *
                                   • ■    «                             »            »
 0J L 301 , 31 December 1972 , p . 165 . iv                          ■f      •
20J L 73 , 27 March 1972 , p. 14.
 ---pagebreak---                                                           . ANHEX III
                                                        I
                                     - 3 -
WHEREAS it is in particular necessary to ensure to all
Community importers equal and uninterrupted access to the
abovfirier + T^rvfifl rnin +«     uninterrupted application of the
rates laid down for that quota to all importe of the ,
 m
products concerned into all Member otates until the quota
has - Tie en used up ; whereas , 'having regard to the principles
mentioned above , the Community nature of the quota can be
respected by allocating the Community tariff quota among
the Member States ; whereas ,* in order to reflect most
accurately the actual development of the market in the .
products concerned , such allocation should be in proportion
to the needs of the Member States , assessed by reference both
to the statistics of each State 's imports from Portuga &ver a
representative period and to the economic outlook for the
quota period concerned :               ;       ~ "
WHEREAS available Community statistics give no information on
the situation of          Moscatel deSetubal wines
                         on the markets ; whereas , however ; Portuguese
statistics for exports of these products to the Community
during the la.st few 3r ears can i be considered to reflect
approximately the situation of Community jmports ; whereas on
this basis the corresponding import's by each of the'ilember
States represent the following percentages of the imports
into the Community fromPortugalof the products concerned :             ;
 ---pagebreak---                                                        ANNEX III
                                 1969 .        1970       1971
             Germany              33,1          39,8     12,1 -
             rfenelux           * 30 , 8        20,7      6,3
             France                0,0           0,0      0,1
             JLt*ly                0,0           0,0      0,1
                                   r ■'      1  14,5     28,6
             Denmark               95o       I
             Ireland               7,0           7,9     17,5
             Unitoci Kingdd ■ m   11.5          17,1 ·   35,3
Y/HSREAd , in view of these data end the estimates submitted
by certain Member States , initial quota shares may be fixed
approximately at the following percentages :                  • -
         Germany                     >1 , -
         Bénélux         '           2.7
         France                        1 «-
       . Italy                         1 ,.-
         Denmark                     1^,~
         Irelnnd                       9 ,-
       , United Kingdom               17 ,-
WHEIffiAb in order to take into account import trends for the
products concerned in the different Member States , the quota
amount should be divided into two instalments , the fiv-it
instalment being allocated among the Member States , and the
second forming a reserve intended ultimately to cover the'
requirements of the Member States which have used up their
initial quota shares ; whereas , in order to' ensure a certain
degree of security to importers in each- Member State , the
first instalment of the Community quota should' be determined
at a level which , under present circumstances , may be 90
of the quota amount ;
 ---pagebreak---  WHEREAS the initial quota shares , of the Mer/oer States nay be .,
 used up at different tines;' whereas , in order to take this ....
 fact into account and avoid any "break in continuity , it is
 important that any 'Member State having used up almost, the
 whole of its initial quota shares should draw an additional
 quota share from the reserve ;" whereas this must be done br­
 each. Member State as alid when each of its additional quota
 sharps is almost entirely used up , and repeated as many times
 as the reserve allows ; whereas the initial' and additional
 quota shares must be available for use until the end of the
 quota period ; whereas this method of administration calls for .
"close cooperation between Member States and the Commission , ■
 which must , in . particular , be able to observe the extent to
 which the quota amount is' used and inform Member States
 thereof ; .                      ..           -  ...      _        •
 WHEREAS if , at a specified dat,e in the quota period , a
 considerable balance remains in one or other Member State it
 is essential that that Member State pays a la.rge amount of it
 back into ther reserve , in order to avoid a part of the             ;
 Community quota remaining unused in one Member State when it
 could be used in others ;                             'V  •  ... .
 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' Econ'omic Union , - all transactions
 concerning the administration of shares granted to . the above-
mentioned Economic Union may "be carried out by any of its
members , '
 ---pagebreak---                                                                       ANNEX III
                                          - 6 -
      HAS ADOPTED THIS REGULATION :
                                        Article 1
  i ."   For xne period iron i July < 973 "to 3' December 1973 , a Community tariff
 quota of 3 000 hi shall be opened within the European Economic Community
 for Setnbr?.! T^ascatel   originating in Portugal , falling with subheading
 Uos ex 22.05 C III a ) 1 , ex 22.05 C 1 III a ) 2 aa ), ex 22.05 C IV a ) 1 and
ex 22.05 C IV a ) 2 aa ) of the Common Customs Tariff .
                                                                   -• #   -
                                               1             •          ■        • • ' ■
                                                                 *          .m
 2.      The Common Customs Tariff duties applicable to wines imported under
 this tariff quota shall be suspended at the rates listed below :
 Common Customs Tariff .                     1   ,       Rate of duty          '
       heading no
                                                               I
 ex 22.05 C III a ) 1                                    10.8 'u.a."/hl
 ex 22.05 C III a ) 2 ; aa          \                 . 8.8 u".a./hl
 ex 22.05 C IV a) 1                                      11.6 j tuâ./111
ex 22.05 C IV a ) 2 aa                                    9.6 u.a./hl
3.       The customs duties to be applied to these wines by Denmark Ireland
and the United Kingdom shall be such duties as these. States may from time- to
time apply to imports from third countries , less 207*.
4.       These tariff quotas shall be allocated and administered as provided
hereunder .
 ---pagebreak---                                                                       ANNEX III
                                       - 7 -
                                     Article 2
 1.        The Community tariff cuota referred to in Article 1
     is divided into two instalments .
,2 .    ' The first instalment , amounting to 2.700. hectolitres ,
     shall be shared sun one           Member States ; the proportions
     which , subject to Article 5 , shall be valid until
     31 December 1973 shall consist of the following amounts :
                                                            ( in hectolitres )
                Germany                                                  8l>0
                Bénélux                                 - -      .       720
             ■ France                                                - -    30
                Italy                                 _                     JO
                Denmark                ,      ■              ■ '         -> £.0
                Ireland              ■   ■              .                250
                United Kingdom      .*                             ;     kbC
 3.        The second instalment / amounting to , 300                           hectolitres ,
     shall make up' the reserve , • .
                                   ^
                                    Article        3
                                           – – – –.ri • -                        ,
                                                                                           ;
 1.        If ' 90l7<> or more of the initial share of a Member State ,
     as laid down in Article 2 ( 2 ), or 9 0$ of that share less the
     rrnount returned into the reserve , where the provisions of
     Article 5 have been applied , has been exhausted , that
     Member State shall proceed .without delay , by notifying the
     Commission , to draw a second share equal to 15$ of its
     initial share , rounded up to the next -unit where appropriate ,
     to the extent that the amount in the reserve allows .
                                                                                 » • #/ * » »
 ---pagebreak---                                                                        III
                                       - 8 -
 2m.         , If , after its initial share . has been exhausted , 90
        ur iuoiu ox i/iiti sauuiiu aixaxe drawn by a Member Sta.te has
    ■ been used , that Member State shall proceed in the manner
  •  •                                             i                          •
        specified in paragraph 1 to draw a third share equal to
       7.55/3 of its initial share , rounded up to the next unit
       where appropriate , to the extent that the amount in the
                                                            é
       reserve allows *                                  *             •
3.             If , eJTter its second share has been exhausted , 90yo
       or more of the third share drawn by a Member . State has
       been used , that Member State shall proceed , in the marines,
       specified in paragraph 1 to draw a fourth share equal to
       the third-
                                                                                i
               This process shall be applied until the reserve is ,
       exhausted .
4»             Notwithstanding the provisions of paragraphs 1,'.2 •
       and 3 , the Member States may proceed to draw shares smaller than
       those fixed in those paragraphs , if there is reason to
       believe that those shares might not be used- up . They
       shall inform the Commission . of the reasons which led them
       to apply this paragraph ,                                         '
                                    Article 4         ,*
                                                         »    ' *
          The additional shares drawn pursuant to Article 3 shall
be valid until 31 December 1973 *
                                                                  • II / « I 0
 ---pagebreak---                        fl- .
                                                    ANNEX III
                               - 9 -
                                     »
                              Article 5
      If , by 15 November    1973 > a Member State has not used
Up its initial share , *it shall , not later than 30 November 1973 /
return to the reserve the unused portion of this share in
excess of 20y' of the initial amount .     It may return a larger
quantity if there are reasons to consider '.that such quantity
might not be used .
    *                                                 *
      Each Member State shall , not later than 30 November 1973 *
notify the Commission of the total imports of the products
concerned effected up to 1 5 November      1973 inclusive , and
charged against the Community quota and , where appropriate ,
the proportion of its initial share that is being returned
to the reserve .
                              Article 6
      The Commission shall keep account of the shares opened
by Member States in accordance with Articles 2 and 3 and shall
inform each of them of the extent to which the reserve has
been used as soon as it receives the notifications .^
      The Commission shall , not later than *5 . December 1973 *
notify Member States of the amount in the reserve after the
return of shares pursuant to Article 5.'
      The Commission shall ensure that any drawing which uses
up the reserve is limited to the balance available and.,
for this purpose , shall specify the amount thereof to the
Member State' which makes the- final drawing ,               . "
                                                        • ♦ */ • • •
 ---pagebreak---  1.       The Member States shall take all appropriate
    measures to ensure that , when additional shares are
    drawn pursuant to Article 3 , it is possible for charges
    to be made without interruption .against their       -   .- •
  - accumulated shares of the Community quota .
                                   »                  •
 2.       The Member States shall guarantee to . importers
    of the products concerned established in their territory
    free access to the shares allocated to thorn ,
 3.       The Member States shall charge imports of the
    products concerned against their shares according as
    the products have been presented for Customs clearance
    under - cover of declarations that they .have been made'
    available for consumption,           '„
4#        The extent to which the Member States' shares have
    been used up shall be recorded on the b%sis of the imports
    charged in the conditions laid down in paragraph 3 .
                             Article 8
      Member States shall inform the Commission at regular
intervals of imports from Malta actually charged against
their shares .
                                     - '  '                •
                             Article 9
      The Member States and the Commission shall cooperate
closely in order to ensure that the provisions of this
Regulation are observed .
 ---pagebreak---                            Article 10   '
     This Regulation shall enter into force on 1 st July 1973
     This Regulation shall be "binding in its entirety, and
directly applicable in all tlember States ,
                                Done at Brussels ,
                                     For the Council
                                      The President