CELEX: 31987R4172
Language: en
Date: 1987-12-21 00:00:00
Title: Council Regulation (EEC) No 4172/87 of 21 December 1987 opening, allocating and providing for the administration of a Community tariff quota for liqueur wines falling within subheadings ex 2204 21 35, ex 2204 21 39, ex 2204 29 35, ex 2204 29 39, ex 2204 21 49, ex 2204 29 49, ex 2204 21 59, ex 2204 29 59 of the combined nomenclature and originating in Cyprus (1988)

Official Journal of the European Communities                                No L 398 / 23
31 . 12 . 87
                                        COUNCIL REGULATION (EEC) No 4172/87
                                                        of 21 December 1987
                 opening, allocating and providing for the administration of a Community tariff quota for
                 liqueur wines falling within subheadings ex 2204 21 35, ex 2204 21 39, ex 2204 29 35,
                  ex 2204 29 39, ex 2204 21 49, ex 2204 29 49, ex 2204 21 59, ex 2204 29 59 of the
                                   combined nomenclature and originating in Cyprus ( 1988)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              based      on   the   International      Convention  on    the
                                                                      Harmonized Commodity Description and Coding
                                                                      System ; whereas this Regulation must take account of
Having regard to the Treaty establishing the European                 that fact by indicating the combined nomenclature codes
Economic Community, and in particular Article 113                     and, where appropriate, the Taric code numbers within
thereof,                                                              which the said products fall ;
Having regard to the proposal from the Commission,                    Whereas qualification for this tariff quota must be
                                                                      dependent on the wines being designated as liqueur
                                                                      wines in the VII document or V I 2 extract provided
Whereas the Agreement establishing an Association                     for by Regulation (EEC) No 3590/85 (3);
between the European Economic Community and the
 Republic of Cyprus, supplemented by the Protocol laying
 down the conditions and procedures for the implemen­                 Whereas the free-at-frontier reference price must be
 tation of the second stage of the Agreement . and                    complied with for the wine in question ; whereas, in
 adapting certain provisions thereof (*), provides for the            order that such wine may qualify for this tariff quota,
 opening of an annual Community tariff quota of                       Article 18 of Regulation (EEC) No 822/87 (4), as last
 150 000 hectolitres for certain liqueur wines falling                 amended by Regulation (EEC) No 3992/ 87 (5), must be
 within subheadings ex 2204 21 35, ex 2204 21 39,                      complied with ;
 ex 2204 29 35 , ex 2204 29 39, ex 2204 21 49, ex 2204
 29 49, ex 2204 21 59 or ex 2204 29 59 of the combined
 nomenclature, originating in Cyprus ;                                 Whereas equal and continuous access to the quota
                                                                       should be ensured for all Community importers and the
                                                                       rates laid down for the quota should be applied consis­
 Whereas this volume is subject to an annual increase of               tently to all imports of the products in question into all
  5 % from the entry into force of the Protocol, and will              the Member States until the quota is exhausted ; whereas,
 therefore, pursuant to Article 18 of the Protocol in                  in the light of these principles, allocation of the tariff
  question, be 157 500 hectolitres in 1988 ; whereas, within           quota among the Member States would seem to preserve
  the limits of the tariff quota, customs duties are to be             the Community nature of the quota ; whereas in order to
  abolished progressively according to the timetables and              correspond as closely as possible to the real trend of the
  under the conditions as laid down in Articles 5 and 16 of
  the said Protocol ; whereas, however, the Protocol to the            market for the product in question the allocation should
                                                                       reflect the requirements of the Member States based on
  Association Agreement between the European Economic                  statistics of imports of the said products from Cyprus
  Community and the Republic of Cyprus consequent on                   during a representative reference period and on the
  the accession of the Kingdom of Spain and the                        economic outlook for the quota period in question ;
  Portuguese Republic to the Community (2) stipulates that
  the Kingdom of Spain shall apply, from the date it enters
  into force, a duty reducing the gap between the rate of              Whereas, however, there are no Community or national
  the basic duty and that of the preferential duty, while the           statistics concerning the wine in question and no reliable
  Portuguese Republic shall defer application of the pref­              forecast of imports can be made ; whereas under these
  erential arrangements for the products in question until              circumstances it seems appropriate to divide the volume
  the start of the second stage ;                                       into initial quota shares allowing for the capacity of the
                                                                        markets of the different Member States to absorb the
  Whereas, therefore, this Community tariff quota should                wine in question ;
   be opened for 1988 ;
                                                                        Whereas, to allow for the trend of imports of the
  Whereas from the date on which the said quota is                      products concerned in the various Member States, the
   opened, the nomenclature used in the Common Customs                  quota volume should be divided into two parts,
   Tariff will be replaced by the combined nomenclature
                                                                        (J) OJ No L 343 , 20 . 12 . 1985 , p. 20 .
   O OJ No L 393, 31 . 12 . 1987, p. 2.                                 O OJ No L 84, 16 . 3. 1987, p. 1 .
   (2) OJ No L 393, 31 . 12. 1987, p. 37 .                              O OJ No L 377, 31 . 12 . 1987, p. 20.
 ---pagebreak---  No L 398 / 24                            Official Journal of the European Communities                                    31 . 12 . 87
 the first being allocated among the Member States and                 Whereas if at a given date in the quota period a
 the second held as a reserve to cover any subsequent                  considerable quantity of a Member State's initial share
 requirements of Member States which have used up their                 remains unused, it is essential that the Member State
 initial share ; whereas, to afford importers in each                  concerned should return a significant proportion thereof
 Member State some degree of certainty, an appropriate                 to the corresponding reserve in order to prevent part of
 level for the first part of the Community quota would, in             the Community tariff quota from remaining unused in
 the present circumstances, be 67 % of the quota volume ;              one Member State when it could be used in others ;
                                                                       Whereas since the Kingdom of Belgium, the Kingdom of
Whereas the initial shares of the Member States may be                 the Netherlands and the Grand Duchy of Luxembourg
 used up at different rates ; whereas, in order to avoid any           are united within and jointly represented by the Benelux
 break in the continuity of supplies on this account, it               Economic Union, any operation concerning the adminis­
 should be provided that any Member State which has                    tration of the quota shares allocated to that economic
 almost used up its initial share should draw an additional            union may be carried out by any one of its members,
share from the corresponding reserve ; whereas each time
its additional share is almost used up a Member State                  HAS ADOPTED THIS REGULATION :
should draw a further share and so on as many times as                                         Article 1
the reserve allows ; whereas the initial and additional
shares must be valid until the end of the quota period ;               1.    From 1 January to 31 December 1988 the customs
whereas this form of administration requires close                     duty applicable to imports into the Community, with the
cooperation between the Member States and the                          exception of Portugal, of the following products orig­
Commission and the latter must be able to monitor the                  inating in Cyprus shall be suspended at the level
extent to which the quota volume has been used up and                  indicated and within the limits of a Community tariff
inform the Member States accordingly;                                  quota as shown below :
   Order
                  CN code                                Description                        Volume of quota
     No
                                                                                                  (hi)               Quota duty
                                  Wine of fresh grapes, including fortified wines ; grape
                                  must other than that of heading No 2009 :
                                 - Other wine ; grape must with fermentation prevented
                                   or arrested by the addition of alcohol :               li
           I                     — In containers holding 2 litres or less :               ll
           l.I                         Other :                                                             '
                                         Of an actual alcoholic strength by volume
                                         exceeding 13 % vol but not exceeding 15 % vol :
                                           Other :                                              157 500
09.1417      ex 2204 21 35                  White
                                                                                                        v           5 ECU/hl :
                                            — Liqueur wines of an actual alcoholic                               from 1 January
                                               strength of 15 % vol                                              to 29 February
             ex 2204 21 39                  Other :                                                                4,5 ECU/hl :
                                                                                                                  from 1 March
                                            — Liqueur wines of an actual alcoholic                              to 31 December
                                               strength of 15 % vol
                                                                                          I
                                        Of an actual alcoholic strength by volume                                  6,1 ECU/hl :
                                        exceeding 15 % but not exceeding 18 % vol :                             From 1 January
             ex 2204 21 49                Other :                                                                to 29 February
                                                                                                                   5,5 ECU/hl :
                                          — Liqueur wines :                                                      From 1 March
                                                                                                               to 31 December
                                        Of an actual alcoholic strength by volume
                                        exceeding 18 % vol but not exceeding 22 % vol
             ex 2204 21 59                Other :                                                                  6,9 ECU/hl :
                                          — Liqueur wines                                                      From 1 January
                                                                                                                 to 29 February
                                                                                                                   6,2 ECU/hl :
                                                                                                                 From 1 March
                                                                                                               to 31 December
 ---pagebreak---                                                                                                                         No L 398 / 25
31 . 12 . 87                             Official Journal of the European Communities
   Order
                                                                                                 Volume of quota       Quota duty
                   CN code                                  Description                               (hi)
     No
                                   — Other :
                                        Other :
                                         Of an actual alcoholic strength by volume
                                         exceeding 13 % vol but not exceeding 15 % vol :
                                                                                                                      3,9 ECU/hl :
                                                                                                                   From 1 January
               ex 2204 29 35                 White                                                                  to 29 February
                                             — Liqueur wines of an actual alcoholic                                   3,5 ECU/hl :
                                                strength of 15 % vol                                                 From 1 March
               ex 2204 29 39                 Other :                                                               to 31 December
                                             — Liqueur wines of an actual alcoholic
                                                strength of 15 % vol
                                          Of an actual alcoholic strength by volume
                                          exceeding 15 % vol but not exceeding 18 % vol
                                            Other :                                                                     5 ECU/hl :
               ex 2204 29 49
                                                                                                                    From 1 January
                                            — Liqueur wines                                                          to 29 February
                                                                                                                       4,5 ECU/hl :
                                                                                                                     From 1 March
                                                                                                                    to 31 December
                                          Of an actual alcoholic strength by volume
                                          exceeding 18 % vol but not exceeding 22 % vol :
                ex 2204 29 59               Other :                                                                    6,9 ECU/hl :
                                                                                                                    From 1 January
                                            — Liquer wines                                                           to 29 February
                                                                                                                       6,2 ECU/hl :
                                                                                                                      From 1 March
                                                                                                                    to 31 December
                                                                                                     Article 3
 2. To qualify for this tariff quota, the wines must be
 designated as liqueur wines in the VII document or                     1.     If a Member State has used 90 % or more of its
 V 1 2 extract provided for by Regulation (EEC) No                      initial share as specified in Article 2 (2), or of that share
 3590 / 85 .
                                                                        less any portion returned to the reserve pursuant to
  3 . The wine in question shall be subject to the free-at­             Article 5 , it shall forthwith, by notifying the Commission
                                                                        and to the extent that the reserve so permits, draw a
 frontier reference price. In order that such wine may                  second share equal to 15 % of its initial share, rounded
  qualify for this tariff quota, Article 54 of Regulation               up where necessary to the next whole number.
  (EEC) No 822/ 87 must be adhered to.
                              Article 2                                 2.     If, after its initial quota share has been used up, a
                                                                        Member State has used 90 % or more of its second share
  1.     The tariff quota referred to in Article 1 shall be              as well, it shall forthwith, using the procedure provided
  divided into two parts .                                               for in paragraph 1 and to the extent that the reserve so
                                                                        permits, draw a third share equal to 7,5 % of the initial
  2. An initial part of 105 525 hectolitres shall be                     share, rounded up where necessary to the next whole
  allocated among the Member States ; subject to Article 5,              number.
  the following quota shares shall be valid until 31
  December 1988 :
                                                 (hectolitres)           3.     If, after its second share has been used up, a
                                                                         Member State has used 90 % or more of its third share,
           Benelux                                       115
                                                           60
                                                                         it shall, using the procedure provided for in paragraph 1 ,
           Denmark                                                       draw a fourth share equal to the third.
           Germany                                     1 890
                                                           20
           Greece
                                                           20
                                                                         This process shall continue until the reserve is used up.
           Spain
           France                                          20
           Ireland                                         60             4. By way of derogation from paragraphs 1 , 2 and 3,
                                                           20             Member States may draw smaller shares than those
           Italy                                                          specified in the said paragraphs if there is reason to
           United Kingdom                           103 320
                                                                          believe that they might not be used in full. Member
   3.     The second part of the quota, amounting to 51 975               States shall inform the Commission of their reasons for
   hectolitres, shall constitute the reserve.                             applying this paragraph.
 ---pagebreak---   No L 398 /26                         Official Journal of the European Communities                               31 . 12 . 87
                           Article 4                                                        Article 7
 Additional shares drawn pursuant to Article 3 shall be           1 . Member States shall take all appropriate measures
 valid until 31 December 1988 .                                   to ensure that additional drawings of shares pursuant to
                                                                  Article 3 enable imports to be charged without inter­
                           Article 5                              ruption against their accumulated        shares   of the
 By 1 October 1988 at the latest Member States must               Community tariff quota.
 return to the reserve the unused portion of their initial
 share which, on 15 September 1988 , is in excess of 20 %         2. Member States shall ensure that importers of the
 of the initial volume. They may return a greater portion         products concerned have free access to the quota shares
 if there is reason to believe that it might not be used.         allocated to them .
 By 1 October 1988 at the latest Member States must
 notify the Commission of the total quantities of the             3. The extent to which a Member State has used up
products concerned imported on or before 1 5 September           its shares shall be determined on the basis of the imports
 1988 and charged against the Community quota and of             of the goods in question entered with the customs auth­
 any portion of their initial share that they are returning      orities for free circulation.
to the reserve .
                                                                                            Article 8
                           Article 6
The Commission shall keep account of the shares drawn            At the request of the Commission, Member States shall
by Member States pursuant to Articles 2 and 3 and shall          inform it of imports actualiy charged against their quota
                                                                 shares .
inform each Member State ot the extent to which the
reserve has been used up as soon as it has been notified.
It shall inform the Member States not later than 5                                         Article 9
October 1988 of the state of the reserve following any           The Member States and the Commission shall cooperate
return of quota shares pursuant to Article 5 .                   closely to ensure that this Regulation is complied with.
It shall ensure that the drawing which exhausts the
reserve does not exceed the balance available, and to this                                 Article 10
end shall notify the amount of that balance to the
Member State making the final drawing.                           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