CELEX: 31980R2745
Language: en
Date: 1980-10-27 00:00:00
Title: Council Regulation (EEC) No 2745/80 of 27 October 1980 opening, allocating and providing for the administration of a Community tariff quota for certain wines having a registered designation of origin, falling within subheading ex 22.05 C of the Common Customs Tariff and originating in Tunisia (1980/81)

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31980R2745

Council Regulation (EEC) No 2745/80 of 27 October 1980 opening, allocating and providing for the administration of a Community tariff quota for certain wines having a registered designation of origin, falling within subheading ex 22.05 C of the Common Customs Tariff and originating in Tunisia (1980/81)  

Official Journal L 284 , 29/10/1980 P. 0009 Greek special edition: Chapter 02 Volume 10 P. 0048 

****( 1 ) OJ NO L 265 , 27 . 9 . 1978 , P . 2 .  ( 2 ) OJ NO L 296 , 21 . 10 . 1978 , P . 2 .  ( 3 ) OJ NO L 291 , 19 . 11 . 1979 , P . 17 .  ( 4 ) OJ NO L 54 , 5 . 3 . 1979 , P . 1 .  ( 5 ) OJ NO L 57 , 29 . 2 . 1980 , P . 32 .    COUNCIL REGULATION ( EEC ) NO 2745/80   OF 27 OCTOBER 1980   OPENING , ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR CERTAIN WINES HAVING A REGISTERED DESIGNATION OF ORIGIN , FALLING WITHIN SUBHEADING EX 22.05 C OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN TUNISIA ( 1980/81 )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   WHEREAS ARTICLE 20 OF THE COOPERATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF TUNISIA ( 1 ) STIPULATES THAT CERTAIN WINES HAVING A REGISTERED DESIGNATION OF ORIGIN , FALLING WITHIN SUBHEADING EX 22.05 C OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN TUNISIA , SPECIFIED IN THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS OF 16 OCTOBER 1978 ( 2 ), AND PRODUCED FROM THE 1977 AND SUBSEQUENT HARVESTS , SHALL BE IMPORTED INTO THE COMMUNITY FREE OF CUSTOMS DUTIES WITHIN THE LIMITS OF AN ANNUAL COMMUNITY TARIFF QUOTA OF 50 000 HECTOLITRES ; WHEREAS THESE WINES MUST BE PUT IN CONTAINERS HOLDING TWO LITRES OR LESS ;   WHEREAS , UNDER ARTICLES 118 TO 120 OF THE ACT OF ACCESSION OF GREECE ( 3 ), GREECE IS REQUIRED TO APPLY THE PROVISIONS OF THE ABOVEMENTIONED AGREEMENT AS FROM 1 JANUARY 1981 ; WHEREAS THE DUTIES TO BE APPLIED BY GREECE , AS REGARDS THIS QUOTA , MUST BE IN ACCORDANCE WITH THE RELEVANT PROVISIONS LAID DOWN IN THE ACT OF ACCESSION ;   WHEREAS THESE WINES MUST BE ACCOMPANIED BY A CERTIFICATE OF DESIGNATION OF ORIGIN IN ACCORDANCE WITH THE MODEL GIVEN IN ANNEX D TO THE AGREEMENT IN QUESTION ; WHEREAS THE COMMUNITY TARIFF QUOTA IN QUESTION SHOULD THEREFORE BE OPENED FOR THE PERIOD 1 NOVEMBER 1980 TO 31 OCTOBER 1981 ;   WHEREAS THE WINES IN QUESTION ARE SUBJECT TO COMPLIANCE WITH THE FREE-AT-FRONTIER REFERENCE PRICE ; WHEREAS THE WINES IN QUESTION SHALL BENEFIT FROM THIS TARIFF QUOTA ON CONDITION THAT ARTICLE 18 OF REGULATION ( EEC ) NO 337/79 ( 4 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 459/80 ( 5 ), IS COMPLIED WITH ;   WHEREAS IT IS IN PARTICULAR NECESSARY TO ENSURE EQUAL AND UNINTERRUPTED ACCESS FOR ALL COMMUNITY IMPORTERS TO THE ABOVEMENTIONED QUOTA , AND UNINTERRUPTED APPLICATION OF THE RATES LAID DOWN FOR THIS QUOTA TO ALL IMPORTS OF THE PRODUCTS CONCERNED INTO THE MEMBER STATES UNTIL THE QUOTA HAS BEEN USED UP ; WHEREAS A SYSTEM OF USING A COMMUNITY TARIFF QUOTA , BASED ON ALLOCATION AMONG THE MEMBER STATES , APPEARS LIKELY TO COMPLY WITH THE COMMUNITY NATURE OF THE SAID QUOTA HAVING REGARD TO THE ABOVE PRINCIPLES ; WHEREAS , IN ORDER TO REFLECT MOST ACCURATELY THE ACTUAL DEVELOPMENT OF THE MARKET IN THE PRODUCTS IN QUESTION , SUCH ALLOCATION SHOULD BE IN PROPORTION TO THE REQUIREMENTS OF THE MEMBER STATES , ASSESSED BY REFERENCE BOTH TO THE STATISTICS RELATING TO IMPORTS OF THE SAID PRODUCTS FROM TUNISIA OVER A REPRESENTATIVE REFERENCE PERIOD AND TO THE ECONOMIC OUTLOOK FOR THE QUOTA PERIOD CONCERNED ;   WHEREAS IN THIS CASE , HOWEVER , NEITHER COMMUNITY NOR NATIONAL STATISTICS SHOWING THE BREAKDOWN FOR EACH OF THE TYPES OF WINES IN QUESTION ARE AVAILABLE AND NO RELIABLE ESTIMATES OF FUTURE IMPORTS CAN BE MADE ; WHEREAS IN THESE CIRCUMSTANCES THE QUOTA VOLUMES SHOULD BE ALLOCATED IN INITIAL SHARES , TAKING INTO ACCOUNT DEMAND FOR THESE WINES ON THE MARKETS OF THE VARIOUS MEMBER STATES ;   WHEREAS , TO TAKE INTO ACCOUNT IMPORT TRENDS FOR THE PRODUCTS CONCERNED IN THE VARIOUS MEMBER STATES , THE QUOTA AMOUNT SHOULD BE DIVIDED INTO TWO INSTALMENTS , THE FIRST BEING ALLOCATED AMONG THE MEMBER STATES AND THE SECOND HELD AS A RESERVE INTENDED TO COVER AT A LATER DATE THE REQUIREMENTS OF MEMBER STATES WHO HAVE USED UP THEIR INITIAL SHARE ; WHEREAS , IN ORDER TO GUARANTEE SOME DEGREE OF SECURITY TO IMPORTERS IN EACH MEMBER STATE , THE FIRST INSTALMENT OF THE COMMUNITY QUOTA SHOULD BE FIXED AT A LEVEL WHICH COULD , IN THE PRESENT CIRCUMSTANCES , BE 50 % OF THE QUOTA VOLUME ;   WHEREAS THE INITIAL SHARES OF THE MEMBER STATES MAY NOT BE USED UP AT THE SAME RATE ; WHEREAS , IN ORDER TO TAKE THIS INTO ACCOUNT AND AVOID DISRUPTION , ANY MEMBER STATE WHICH HAS USED UP ALMOST ALL ITS INITIAL SHARE SHOULD DRAW A SUPPLEMENTARY SHARE FROM THE RESERVE ; WHEREAS THIS SHOULD BE DONE BY EACH MEMBER STATE EACH TIME ONE OF ITS SUPPLEMENTARY SHARES IS ALMOST USED UP , AND SO ON AS MANY TIMES AS THE RESERVE ALLOWS ; WHEREAS THE INITIAL AND SUPPLEMENTARY SHARES SHOULD BE VALID UNTIL THE END OF THE QUOTA PERIOD ; WHEREAS THIS FORM OF ADMINISTRATION REQUIRES CLOSE COLLABORATION BETWEEN THE MEMBER STATES AND THE COMMISSION , AND THE COMMISSION MUST BE IN A POSITION TO FOLLOW THE EXTENT TO WHICH THE QUOTA VOLUME HAS BEEN USED UP AND INFORM THE MEMBER STATES THEREOF ;   WHEREAS , IF AT A GIVEN DATE IN THE QUOTA PERIOD A MEMBER STATE HAS A CONSIDERABLE QUANTITY OF THE INITIAL SHARE LEFT OVER , IT IS ESSENTIAL THAT IT SHOULD RETURN A SIGNIFICANT PROPORTION THEREOF TO THE RESERVE , TO PREVENT A PART OF THE COMMUNITY QUOTA REMAINING UNUSED IN ONE MEMBER STATE WHEN IT COULD BE USED IN OTHERS ;   WHEREAS , SINCE THE KINGDOM OF BELGIUM , THE KINGDOM OF THE NETHERLANDS AND THE GRAND DUCHY OF LUXEMBOURG ARE UNITED WITHIN AND JOINTLY REPRESENTED BY THE BENELUX ECONOMIC UNION , ALL TRANSACTIONS CONCERNING THE ADMINISTRATION OF THE SHARES ALLOCATED TO THAT ECONOMIC UNION MAY BE CARRIED OUT BY ANY ONE OF ITS MEMBERS ,   HAS ADOPTED THIS REGULATION :   ARTICLE 1   1 .  FROM 1 NOVEMBER 1980 TO 31 OCTOBER 1981 A COMMUNITY TARIFF QUOTA OF 50 000 HECTOLITRES SHALL BE OPENED FOR THE PRODUCTS INDICATED BELOW AND ORIGINATING IN TUNISIA :    // CCT HEADING NO  //  DESCRIPTION  //  // 22.05 //  WINE OF FRESH GRAPES ; GRAPE MUST WITH FERMENTATION ARRESTED BY THE ADDITION OF ALCOHOL : //  //  C . OTHER : //  //   -  WINES ENTITLED TO ONE OF THE FOLLOWING DESIGNATIONS OF ORIGIN : //  //  COTEAUX DE TEBOURBA , SIDI-SALEM , KELIBIA , THIBAR , MORNAG , GRAND CRU MORNAG OF AN ACTUAL ALCOHOLIC STRENGTH OF 15 % VOL OR LESS AND IN CONTAINERS HOLDING TWO LITRES OR LESS //   2 .  WITHIN THE TARIFF QUOTA REFERRED TO IN PARAGRAPH 1 , THE COMMON CUSTOMS TARIFF DUTIES APPLICABLE TO THESE WINES SHALL BE TOTALLY SUSPENDED .   WITHIN THIS TARIFF QUOTA , GREECE SHALL APPLY AS FROM 1 JANUARY 1980 THE DUTIES CALCULATED IN ACCORDANCE WITH THE RELEVANT PROVISIONS OF THE ACT OF ACCESSION .   3 .  WINES PRODUCED FROM THE 1977 AND SUBSEQUENT HARVESTS SHALL BE ACCORDED THE BENEFIT OF THE TARIFF QUOTA REFERRED TO IN PARAGRAPH 1 .   4 .  THE WINES IN QUESTION ARE SUBJECT TO COMPLIANCE WITH THE FREE-AT-FRONTIER REFERENCE PRICE .   THE WINES IN QUESTION SHALL BENEFIT FROM THIS TARIFF QUOTA ON CONDITION THAT THE PROVISIONS OF ARTICLE 18 OF REGULATION  ( EEC ) NO 337/79 ARE COMPLIED WITH .   5 .  EACH OF THESE WINES , WHEN IMPORTED , SHALL BE ACCOMPANIED BY A CERTIFICATE OF DESIGNATION OF ORIGIN , ISSUED BY THE RELEVANT TUNISIAN AUTHORITY , IN ACCORDANCE WITH THE MODEL ANNEXED TO THIS REGULATION AND CERTIFYING IN BOX 16 THAT THESE WINES HAVE BEEN PRODUCED FROM THE 1977 AND SUBSEQUENT HARVESTS .   ARTICLE 2   1 .  THE TARIFF QUOTA LAID DOWN IN ARTICLE 1 SHALL BE DIVIDED INTO TWO INSTALMENTS .   2 .  A FIRST INSTALMENT OF THE QUOTA SHALL BE ALLOCATED AMONG THE MEMBER STATES ; THE SHARES , WHICH SUBJECT TO ARTICLE 5 SHALL BE VALID UP TO 31 OCTOBER 1981 , SHALL BE AS FOLLOWS :  ( HECTOLITRES )     BENELUX4 500     DENMARK2 500     GERMANY  ( FR)5 000     FRANCE5 000     IRELAND1 300     ITALY2 500   UNITED KINGDOM4 200   3 .  THE SECOND INSTALMENT OF THE QUOTA , AMOUNTING TO 25 000 HECTOLITRES , SHALL CONSTITUTE THE RESERVE .   4 .  IF THE NEED SHOULD ARISE FOR THE PRODUCTS IN QUESTION IN GREECE AS FROM 1 JANUARY 1981 , THE LATTER SHALL DRAW AN APPROPRIATE SHARE FROM THE RESERVE , PROVIDING THAT THE SIZE OF THE RESERVE SO PERMITS .   ARTICLE 3   1 .  IF 90 % OR MORE OF ONE OF A MEMBER STATE ' S INITIAL SHARE , AS SPECIFIED IN ARTICLE 2 ( 2 ), OR OF THAT SHARE LESS THE PORTION RETURNED TO THE RESERVE WHERE ARTICLE 5 HAS BEEN APPLIED , HAS BEEN USED UP , THAT MEMBER STATE SHALL , WITHOUT DELAY , BY NOTIFYING THE COMMISSION , DRAW A SECOND SHARE EQUAL TO 15 % OF ITS INITIAL SHARE , ROUNDED UP WHERE NECESSARY TO THE NEXT WHOLE NUMBER , IN SO FAR AS THE AMOUNT IN THE RESERVE ALLOWS .   2 .  IF , AFTER ITS INITIAL SHARE HAS BEEN USED UP , 90 % OR MORE OF THE SECOND SHARE DRAWN BY A MEMBER STATE HAS BEEN USED UP , THAT MEMBER STATE SHALL , IN ACCORDANCE WITH THE CONDITIONS LAID DOWN IN PARAGRAPH 1 , DRAW A THIRD SHARE EQUAL TO 7.5 % OF ITS INITIAL SHARE , ROUNDED UP WHERE NECESSARY TO THE NEXT WHOLE NUMBER , IN SO FAR AS THE AMOUNT IN THE RESERVE ALLOWS .   3 .  IF , AFTER ITS SECOND SHARE HAS BEEN USED UP , 90 % OR MORE OF THE THIRD SHARE DRAWN BY A MEMBER STATE HAS BEEN USED UP , THAT MEMBER STATE SHALL IN ACCORDANCE WITH PARAGRAPH 1 , DRAW A FOURTH SHARE EQUAL TO THE THIRD .   THIS PROCESS SHALL CONTINUE TO APPLY UNTIL THE RESERVES ARE USED UP .   4 .  NOTWITHSTANDING PARAGRAPHS 1 , 2 AND 3 , MEMBER STATES MAY DRAW SMALLER SHARES THAN THOSE FIXED IN THESE PARAGRAPHS IF THERE IS REASON TO BELIEVE THAT THOSE FIXED MIGHT NOT BE USED UP . THEY SHALL INFORM THE COMMISSION OF THEIR REASONS FOR APPLYING THIS PARAGRAPH .   ARTICLE 4   THE ADDITIONAL SHARES DRAWN PURSUANT TO ARTICLE 3 SHALL BE VALID UNTIL 31 OCTOBER 1981 .   ARTICLE 5   MEMBER STATES SHALL RETURN TO THE RESERVE , NOT LATER THAN 1 SEPTEMBER 1981 , THE UNUSED PORTION OF THEIR INITIAL SHARE WHICH , ON 15 AUGUST 1981 , IS IN EXCESS OF 20 % OF THE INITIAL AMOUNT . THEY MAY RETURN A GREATER PORTION IF THERE ARE GROUNDS FOR BELIEVING THAT SUCH PORTION MIGHT NOT BE USED IN FULL .   MEMBER STATES SHALL NOTIFY THE COMMISSION , NOT LATER THAN 1 SEPTEMBER 1981 , OF THE TOTAL IMPORTS OF THE PRODUCTS CONCERNED EFFECTED UNDER THE COMMUNITY QUOTAS UP TO AND INCLUDING 15 AUGUST 181 AND , WHERE APPROPRIATE , THE PROPORTION OF THEIR INITIAL SHARE THAT THEY ARE RETURNING TO THE RESERVE .   ARTICLE 6   THE COMMISSION SHALL KEEP ACCOUNT OF THE SHARES OPENED BY MEMBER STATES PURSUANT TO ARTICLES 2 AND 3 AND SHALL INFORM EACH STATE OF THE EXTENT TO WHICH THE RESERVE HAS BEEN USED UP AS SOON AS IT HAS BEEN NOTIFIED .   THE COMMISSION SHALL NOTIFY THE MEMBER STATES , NOT LATER THAN 5 SEPTEMBER 1981 , OF THE STATE OF THE RESERVE AFTER THE RETURN OF SHARES PURSUANT TO ARTICLE 5 .   THE COMMISSION SHALL ENSURE THAT THE DRAWING WHICH USES UP THE RESERVE IS LIMITED TO THE BALANCE AVAILABLE AND , TO THIS END , SHALL SPECIFY THE AMOUNT THEREOF TO THE MEMBER STATE MAKING THE FINAL DRAWING .   ARTICLE 7   1 .  MEMBER STATES SHALL TAKE ALL MEASURES NECESSARY TO ENSURE THAT ADDITIONAL SHARES DRAWN PURSUANT TO ARTICLE 3 ARE OPENED IN SUCH A WAY THAT IMPORTS MAY BE CHARGED WITHOUT INTERRUPTION AGAINST THEIR AGGREGATE SHARES IN THE COMMUNITY QUOTA .   2 .  MEMBER STATES SHALL ENSURE THAT IMPORTERS OF THE PRODUCTS CONCERNED ESTABLISHED IN THEIR TERRITORY HAVE FREE ACCESS TO THE SHARES ALLOCATED TO THEM .  .  MEMBER STATES SHALL CHARGE IMPORTS OF THE SAID GOODS AGAINST THEIR SHARES AS AND WHEN THE GOODS ARE ENTERED FOR FREE CIRCULATION .   4 .  THE EXTENT TO WHICH A MEMBER STATE HAS USED UP ITS SHARES SHALL BE DETERMINED ON THE BASIS OF THE IMPORTS CHARGED IN ACCORDANCE WITH PARAGRAPH 3 .   ARTICLE 8   AT THE REQUEST OF THE COMMISSION , MEMBER STATES SHALL INFORM IT OF IMPORTS ACTUALLY CHARGED AGAINST THEIR SHARES .   ARTICLE 9   THE MEMBER STATES AND THE COMMISSION , SHALL COLLABORATE CLOSELY IN ORDER TO ENSURE THAT THIS REGULATION IS OBSERVED .   ARTICLE 10   THIS REGULATION SHALL ENTER INTO FORCE ON 1 NOVEMBER 1980 .   THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .   DONE AT LUXEMBOURG , 27 OCTOBER 1980 .   FOR THE COUNCIL   THE PRESIDENT   J . SANTER