CELEX: 31987R4185
Language: en
Date: 1987-12-21 00:00:00
Title: Council Regulation (EEC) No 4185/87 of 21 December 1987 opening and providing for the administration of a Community tariff quota for wine of fresh grapes, originating in Yugoslavia (1988)

31 . 12 . 87                                  Official Journal of the European Communities                                  No L 400 / 3
                                              COUNCIL REGULATION (EEC ) No 4185 / 87
                                                            of 21 December 1987
                    opening and providing for the administration of a Community tariff quota for wine of fresh
                                                  grapes, originating in Yugoslavia ( 1988 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                Council Regulation (EEC) No 822 / 87 of 16 March 1987 on
                                                                          the common organization of the market in wine ( 4 ), as last
                                                                          amended by Regulation (EEC ) No 3992 / 87 ( 5 ), must be
 Having regard to the Treaty establishing the European                    complied with ;
 Economic Community , and in particular Article 113
 thereof,
                                                                          Whereas it is in particular necessary to ensure to all
                                                                          Community importers equal and uninterrupted access to the
 Having regard to the proposal from the Commission,                        abovementioned quota and uninterrupted application of the
                                                                          rates laid down for that quota to all imports of the products
                                                                          concerned into all Member States until the quota has been
 Whereas the Additional Protocol to the Cooperation                       used up ; whereas , in the present case , it seems advisable not
 Agreement between the European Economic Community                        to allocate this quota among the Member States without
 and the Socialist Federal Republic of Yugoslavia ,                       prejudice to the drawing against the quota volume of such
 establishing a new commercial system (*) provides in                     quantities as they may need, under the conditions and
 Article 4 for a Community tariff quota to be opened for the               according to the procedure specified in Article 1(5 ); whereas
 importation into the Community of 545 000 hectolitres of                 this method of management requires close cooperation
 wine of fresh grapes , originating in Yugoslavia , under the             between the Member States and the Commission and the
 conditions of admission laid down in that Article; whereas               latter must, in particular, be able to monitor the rate at which
 these products must be accompanied by a movement                         the quota is used up and inform the Member States
 certificate; whereas for wines of designated origin this is              thereof;
 certified by the competent official agency in accordance with
 Article 9 ( 2) of Regulation (EEC) No 3590 / 85 ( 2 );
                                                                          Whereas, since the Kingdom of Belgium , the Kingdom of the
                                                                          Netherlands and the Grand Duchy of Luxembourg are united
Whereas, within the limits of that tariff quota , customs                 within and jointly represented by the Benelux Economic
 duties are to be progressively abolished over the same periods           Union , all transactions concerning the administration of
 and in accordance with the same time tables as those laid                shares allocated to that economic union may be carried out
 down in Articles 75 and 268 of the Act of Accession of Spain             by any of its members ,
 and Portugal ; whereas , for 1988 , the quota duties are to be
 equal to 66,7% of the duties applicable; whereas , however,
 Council Regulation (EEC ) No 4150 / 87 of 21 December
 1987 laying down arrangements for Spain's and Portugal's                 HAS ADOPTED THIS REGULATION :
trade with Yugoslavia and amending Regulations (EEC ) No
449 / 86 and (EEC ) No 2573 / 87 ( 3 ), provides that the
Portuguese Republic is to defer until 31 December 1990 the
 application of the preferential arrangements for those
products ; whereas, therefore , this tariff quota does not apply                                         Article 1
to Portugal ; whereas the Community tariff quota in question
 should therefore be opened for 1988 ;
                                                                           1.     From 1 January to 31 December 1988 the duties
                                                                          applicable to imports of the products listed below originating
Whereas the wines in question are subject to compliance with              in Yugoslavia , shall be suspended at the levels and within the
the free-at-frontier reference price; whereas in order that               limits of the Community tariff quota as shown for each of
such wines may benefit from this tariff quota Article 54 of               them :
(*) OJ No L 389 , 31 . 12 . 1987 , p. 73 .
( 2 ) OJ No L 343 , 20 . 12 . 1985 , p . 20 .                             ( 4 ) OJ No L 84 , 16 . 3 . 1987 , p. 1 .
( 3 ) OJ No L 389 , 31 . 12 . 1987 , p. 1 .                               ( 5 ) OJ No L 377 , 31 . 12 . 1987 , p . 20 .
 ---pagebreak---                                                                                                                             31 . 12 . 87
No L 400 / 4                              Official Journal of the European Communities
                                                                                                        Volume of
     Order
                                                                                                                         Quota duty
                   CN code                                   Description                                  quota
      No
                                                                                                                          (ECU / hl )
                                                                                                            (hi)
                                                                 (3)                                         (4)             (5 )
      (1 )           ( 2)
                                 Wine of fresh grapes, including fortified wines; grape must other
                                 than that of code 2009 :
                                                                                                    l
                                 - Other wine; grape must with fermentation prevented or arrested
                                    by the addition of alcohol:
09.1515                           — — In containers holding 2 litres or less:
                                 — — — Other :
                                  — - - - Of an actual alcoholic strength by volume not exceeding
                                              13% vol :
                   2204 21 25
                ex 2204 21 29
                                  — — — — — Other :
                                                    White
                                  — — — — — — Other wine
                                                                                                                      ]           9,6
                                  — — — — Of an actual alcoholic strength by volume exceeding
                                              13 % vol but not exceeding 15 % vol:
                                                                                                    \
                                                                                                                       |
                                  — — — — — Other :
                                                                                                           545 000
                   2204 21 35                        White                                                                     11,2
                ex 2204 21 39     — — — — — — Other wine                                                               J
                                  — — Other :
                                  — — — Other :
                                  _ _ _ _ Of an actual alcoholic strength by volume not exceeding
                                              13 % vol :
                                  — — — — — Other :                                                                    1
                   2204 29 25                       White                                                             li          7,2
                ex 2204 29 29     — — — — — — Other wine
                                                                                                    i
                                                                                                                       J
                                  — — — — Of an actual alcoholic strength by volume exceeding
                                              13% vol but not exceeding 15% vol:
                                                                                                                       1
                                  — — — — — Other :
                   2204 29 35                       White                                                             li          8,8
                ex 2204 29 39     — — — — — — Other wine
                                                                                                    k                 L
 Within the limits of the tariff quota , the Kingdom of Spain            to these requirements to the extent that the available balance
 shall apply customs duties calculated in accordance with the            of the reserve permits this .
 relevant provisions laid down in Regulation (EEC) No
 4150 / 87 .                                                             6.     The shares drawn pursuant to paragraph 5 shall be
                                                                         valid until the end of the quota period .
 2.     This Regulation shall not apply in Portugal.
 3.     The wines in question shall be subject to compliance                                        Article 2
 with the free-at-frontier reference price . In order that such
 wines may benefit from the tariff quota, Article 54 of                   1.    Member States shall take all appropriate measures to
 Regulation (EEC) No 822 / 87 must be complied with .                    ensure that their drawings pursuant to Article 1 (5 ) are
                                                                         carried out in such a way that imports may be charged
 4.     Each of the wines, when imported, shall be                       without interruption against their accumulated shares of the
 accompanied by a movement certificate. Where wines of                    Community quota .
 designated origin are concerned this shall be certified by the
 competent official agency, in accordance with Article 9 (2) of           2.    Each Member State shall ensure that importers of the
 Regulation (EEC ) No 3590 / 85 .                                         said goods have access to the quota so long as the residual
                                                                          balance of the quota volume so permits .
  5 . If an importer notifies an imminent importation of the
 product in question in a Member State and requests the                   3.    Member States shall charge imports of the said goods
  benefit of the quota, the Member States concerned shall                 against their drawings as and when the goods are entered for
  inform the Commission and draw an amount corresponding                  free circulation .
 ---pagebreak---                                                                                                                   No L 400 / 5
31 . 12 . 87                            Official Journal of the European Communities
                                                                                            Article 4
4 . The extent to which the quota has been used up shall be
determined on the basis of the imports charged in accordance
                                                                   The Member States and the Commission shall collaborate
with paragraph 3 .
                                                                   closely in order to ensure that this Regulation is complied
                                                                   with .
                          Article 3
                                                                                             Article 5
At the request of the Commission, Member States shall
inform it of imports actually charged against the quota.           This Regulation shall enter into force on 1 January 1988 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                 Done at Brussels , 21 December 1987 .
                                                                                      For the Council
                                                                                        The President
                                                                                        B. HAARDER