CELEX: 31974R2908
Language: en
Date: 1974-11-07 00:00:00
Title: Regulation (EEC) No 2908/74 of the Council of 7 November 1974 opening, allocating and providing for the administration of Community tariff quotas for port wines, falling within subheading ex 22.05 of the Common Customs Tariff, originating in Portugal

No L 313 /42                           Official Journal of the European Communities                                25 . 11 . 74
                                  REGULATION (EEC) No 2908/74 OF THE COUNCIL
                                                      of 7 November 1974
               opening, allocating and providing for the administration of Community tariff quotas
               for port wines, falling within subheading ex 22.05 of the Common Customs Tariff,
                                                     originating in Portugal
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                           Whereas, having regard to the principles mentioned
                                                                    above, the Community nature of the quotas can be
                                                                    respected by allocating the Community tariff quota
Having regard to the Treaty establishing the                        among the Member States ; whereas, in order to
European Economic Community, and in particular                      reflect most accurately the actual development of the
Articles 43 and 113 thereof;                                        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
Having      regard     to    the     proposal     from    the       each State's imports from Portugal over a
Commission ;
                                                                    representative period and to the economic outlook
                                                                    for the quota period concerned ;
Having regard to the Opinion of the European
Parliament;
                                                                    Whereas available Community statistics give no
                                                                    information on the situation of port wines on the
Whereas Article 4 of Protocol 8 of the Agreement (x)                markets ; whereas, however, Portuguese statistics for
between the European Economic Community and                         exports of these products to the Community during
 the Portuguese Republic provides that customs                      the past few years can be considered to reflect
duties on imports into the Community of certain                     approximately the situation of Community imports ;
wines originating in Portugal, shall be reduced :                   whereas on this basis the corresponding imports by
                                                                    each of the Member States represent the following
— by 60 °/o in the case of the duties applicable to                 percentages of the imports into the Community from
    port wines falling within subheadings ex 22.05 C                Portugal of the products concerned :
    III a) 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
                                                                                                       1971   1972       1973
— by 50 % in the case of the duties applicable to                   Port wines :
    port wines falling within subheadings ex 22.05 C                — in receptacles containing
    III b ) 1 and ex 22.05 C IV b ) 1 of the Common                     two litres or less :
    Customs Tariff up to a total annual tariff quota                    — Benelux                      12-8   11-7       14-4
    of 285 000 hi ;                                                     — Denmark                        2-2   2-1        3-5
                                                                        — Germany                      16-3   15-7       13-7
                                                                        — France                       33· 8  30-9       27-1
Whereas this reduction applies, in the case of the                      — Ireland                        0-2   0-2        0-4
Community as originally constituted, to the                             —■ Italy                       2 7-5  27-5       26-4
Common Customs Tariff duties and in the case of                         — United Kingdom                 7-2  11 -9      14-5
the new Member States, to such duties as these States
                                                                    — in receptacles containing
apply at any given moment to imports from third                         two litres or more :
countries ; whereas these wines will remain subject to                  — Benelux                      15-3   15-0       13-4
the provisions governing the common organization                        — Denmark                        5-5   6- 1       8-1
of the market in wine ;                                                 — Germany                        9-4   8 -7       9-1
                                                                        — France                       44-8   43-2       40-9
                                                                        — Ireland                        1-6    1 -6      1-7
Whereas it is in particular necessary to ensure to all                  — Italy                          0-0   0-0        0-0
Community importers equal and uninterrupted                             — United Kingdom               23-4   25-4       26-8
access to the abovementioned quotas and
uninterrupted application of the rates laid down for
these quotas to all imports of the products concerned
into all Member States until the quotas have been                   Whereas, in view of these data and the estimates
used up ;                                                           submitted by certain Member States, initial quota
                                                                    shares may be fixed approximately at the following
(!) OJ No L 301 , 31 . 12. 1972 , p. 165 .                          percentages :
 ---pagebreak--- 25 . 11 . 74                         Official Journal of the European Communities                               No L 313 /43
                                                                Benelux Economic Union, all transactions concerning
                             Port wines in receptacles          the administration of shares granted to the
                                     containing
                                                                abovementioned Economic Union may be carried out
                                                More than
                                                                by any of its members,
                          Two litres
                           or less              two litres
Benelux                     13-2                  14-6
                                                                HAS ADOPTED THIS REGULATION :
Denmark                      2 -7                  6-6
Germany                     14-9                   9-1
France                      29-7                  42-7                                   Article 1
Ireland                      0-3                    1 -6
Italy                       27-0                   0-1
                                                                1 . For the period from 1 January until 31
United Kingdom              12-2                  25-3
                                                                December 1975, Community tariff quotas shall be
                                                                opened for products originating in Portugal, and
                                                                within the limits listed below :
Whereas, in order to take into account import trends
for the products concerned in the different Member
                                                                            CCT                                        Quota
States, each of the quota amounts should be divided                      heading No              Description          volume
into two instalments, the first instalment being
allocated among the Member States and the second
                                                                   ex 22.05 C III a ) 1
forming a reserve intended ultimately to cover the                                                                   20 000 hi
requirements of the Member States which have used                  ex 22.05 C IV a ) 1         ƒ Port wines
up their initial quota shares ; whereas, in order to               ex 22.05 C III b ) 1
ensure a certain degree of security to importers in                ex 22.05 C IV b) 1         j Port wines        285 000 hi
each Member State, the first instalment of the
Community quotas should be determined at a level
which, under present circumstances, may be 90 °/o of
each of the quota amounts ;                                     2.   The Common Customs Tariff duties on wines
                                                                imported within these tariff quotas                   shall  be
                                                                suspended at the rates listed below :
Whereas the initial quota shares of the Member
States may be used up at different times ; whereas, in
order to take this fact into account and avoid any
                                                                      CCT heading No                      Rate of duty
break in continuity, any Member State having used
up almost the whole of any one of its initial quota
shares should draw an additional quota share from                  ex 22.05 C III a) 1                     5-4 u.a./hl
the corresponding reserve ; whereas this must be                   ex 22.05 C IV a) 1                      5-8 u.a./hl
done by each Member State when each of its                         ex 22.05 C III b) 1                     5-5 u.a. /hl
additional quota shares is almost entirely used up,                ex 22.05 C IV b ) 1                     6-0 u.a. /hl
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            3.   Within the limits of these tariff quotas, the new
for close cooperation between Member States and                 Member States shall apply the duties calculated in
the Commission, which must, in particular, be able              accordance with the relevant provisions set out in
to observe the extent to which the quota amounts                Protocol 8 annexed to the Agreement and in the Act
are used and inform Member States thereof;                      of Accession .
Whereas if, at a specified date in the quota period, a
considerable balance remains in one or other
                                                                                         Article 2
Member State it is essential that that Member State
pays a large amount of it back into the reserve, in
order to avoid a part of one or other of the                    1.   The tariff quotas laid down in Article 1 shall
Community quotas remaining unused in one                        be divided into two instalments .
Member State when it could be used in others ;
                                                                2.   A first instalment shall be shared among the
Whereas, since the Kingdom of Belgium, the                      Member States ; the shares which, subject to Article 5 ,
Kingdom of the Netherlands and the Grand Duchy                  shall be valid until 31 December 1975 , shall
of Luxembourg are united in and represented by the              consist of the following amounts :
 ---pagebreak--- No L 313 /44                           Official Journal of the European Communities                                 25 . 11 . 74
                                                    (in hectolitres)                           Article 4
                             Port wines under subheadings
                                                                     Each of the additional shares drawn pursuant to
                        ex 22.05 C III a ) 1  ex 22.05 C III b ) 1   Article 3 shall be valid until 31 December 1975 .
                               and                    and
                        ex 22.05 C IV a ) 1   ex 22.05 C IV b ) 1
Benelux                         2 370                37 200                                    Article 5
Denmark                           490                16 800
Germany                        2 680                 23 200          If, by 15 September 1975, a Member State has not
France                         5 340               108 900           used up its initial shares, it shall not later than 10
Ireland                            60                 4 100          October 1975 , return to the reserve the unused
Italy                           4 860                    250         portion of those shares in excess of 20 °/o of the
United Kingdom                 2 200                 64 550      '   initial amount. It may return a larger quantity if
                                                                     there are reasons to consider that such quantity
              Total           18 000               255 000           might not he used .
                                                                     The Member States shall, not later than 10 October
3.    The second instalment of each quota, 2 000 and                 1975 , notify the Commission of the total imports of
30 000 hi respectivelv, shall constitute the reserve.                the products concerned effected up to 15 September
                                                                     1975 inclusive and charged against the Community
                                                                     quotas and , where appropriate, the proportion of
                         Article 3
                                                                     their initial shares that is being returned to each
                                                                     reserve .
 1.   If 90 %> or more of one of the initial shares of a
Member State, as laid down in Article 2 (2 ) or 90 °/o                                         Article 6
or more of that share less the amount returned into
the reserve, where the provisions of Article 5 have                  The Commission shall keep account of the shares
been applied, has been exhausted , that Member State                 opened by Member States in accordance with
shall proceed without delay, by notifying the                        Articles 2 and 3 and shall inform each of them of the
Commission, to draw a second share equal to 15 %                     extent to which the reserves have been used as soon
of its initial share, rounded up to the next unit                    as it receives the notifications .
where appropriate, to the extent that the amount in
the reserve allows .
                                                                     The Commission shall , not later than 15 October
                                                                     1975 , notify Member States of the amount in each
2.    If, after one or other of its initial shares have              reserve after the return of shares pursuant to
been exhausted, 90 °/o or more of the second share                   Article 5 .
drawn by a Member State has been used, that
Member State shall proceed in the manner specified                   The Commission shall ensure that any drawing
in paragraph 1 to draw a third share equal to 7-5 °/o                which uses up any reserve is limited to the balance
of its initial share, rounded up to the next unit                    available and for this purpose, shall specify the
where appropriate, to the extent that the amount in                  amount thereof to the Member State which makes
the reserve allows .
                                                                     the final drawing.
3.    If, after one of its second shares has been
exhausted, 90 °/o or more of the third share drawn                                             Article 7
by a Member State has been used, that Member State
shall proceed in the manner specified in paragraph 1 ,               1.     The Member States shall take all appropriate
to draw a fourth share equal to the third .                          measures to ensure that, when additional shares are
                                                                     drawn pursuant to Article 3 , it is possible for charges
This process shall be applied until the reserve is                   to be made, without interruption, against their
exhausted .                                                          accumulated shares of the Community tariff quotas .
4.    Notwithstanding paragraphs 1 , 2 and 3 , the                   2.     The Member States shall ensure that importers
Member States may proceed to draw shares smaller                     of the said goods established in their territory have
                                                                     free access to the shares allocated to them .
than those fixed in those paragraphs if there is any
reason to believe that those shares might not be used
up . They shall inform the Commission of the reasons                 3.     The extent to which a Member State has used
which led them to apply this paragraph.                              up its shares shall be determined on the basis of the
 ---pagebreak--- 25 . 11 . 74                     Official Journal of the European Communities                        No L 313 /45
imports originating in Portugal as and when the                                     Article 9
goods are entered for home use.
                                                            The    Member    States  and    the Commission  shall
                                                            cooperate closely in order to ensure that the
                                                            provisions of this Regulation are observed.
                       Article 8
                                                                                    Article 10
Member States shall inform the Commission at
regular intervals of imports of the products                This Regulation shall enter into force on 1 January
concerned actually charged against their shares.            1975 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 7 November 1974.
                                                                           For the Council
                                                                            The President
                                                                              A. JARROT