CELEX: 31978R0592
Language: en
Date: 1978-03-20 00:00:00
Title: Council Regulation (EEC) No 592/78 of 20 March 1978 opening, allocating and providing for the administration of Community tariff quotas for certain wines having a registered designation of origin, falling within subheading ex 22.05 C of the Common Customs Tariff, originating in Morocco (1978/79)

29 . 3 . 78                            Official Journal of the European Communities                                No L 82/ 3
                                      COUNCIL REGULATION ( EEC) No 592/78
                                                      of 20 March 1978
              opening , allocating and providing for the administration of Community tariff
              quotas for certain wines having a registered designation of origin , falling within
              subheading ex 22.05 C of the Common Customs Tariff, originating in Morocco
                                                           ( 1978 /79)
THE COUNCIL OF THE EUROPEAN                                         transitional period these wines must be able to be
COMMUNITIES,                                                        transported in containers of a capacity not exceeding
                                                                    200 hectolitres ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 43
and 113 thereof,
                                                                    Whereas Council Regulation (EEC) No 2506/75 of 29
                                                                    September 1975 laying down special rules for the
                                                                    importation of products in the wine-growing sector
Having regard to the proposal from the Commission ,                 originating in certain third countries (4) introduced the
                                                                    idea of a free-at-frontier reference price, being the
Having regard to the opinion of the European Parlia­                reference price less customs duties actually levied ;
ment ('),
                                                                    Whereas it is in particular necessary to ensure equal
Whereas the Interim Agreement between the Euro­                     and uninterrupted access for all Community importers
pean Economic Community and the Kingdom of                          to the abovementioned quotas, and uninterrupted
Morocco (2) signed on 27 April 1976 stipulates in                   application of the rates laid down for these quotas to
Article 14 that certain wines having a registered desig­            all imports of the products concerned into the
nation of origin , falling within subheading ex 22.05 C             Member States until the quotas have been used up ;
of the Common Customs Tariff, originating in                        whereas, having regard to the above principles, the
Morocco, shall be imported into the Community free                  Community nature of the quotas can be respected by
of customs duties within the limits of an annual
                                                                    allocating the Community tariff quotas among the
Community tariff quota of 50 000 hectolitres ;                      Member States ; whereas, in order to reflect most accu­
whereas these wines must be put up in containers                     rately the actual development of the market in the
holding two litres or less ; whereas, however, the                   products in question , such allocation should be in
Community has declared itself willing to apply the                   proportion to the requirements of the Member States,
abovementioned provisions for the period 1978 /79                   assessed by reference to both the statistics relating to
and for a volume not exceeding 10 000 hectolitres to                 imports of the said products from Morocco over a
wine exported in bulk ; whereas wines in bulk must                   representative reference period and the economic
be put up in accordance with specific requirements ;                 outlook for the quota period concerned ;
Whereas the import price for the wines must at any
given moment be not less than the Community refer­                   Whereas in this case, however, neither Community
ence prices for them ; whereas these wines must be                   nor national statistics showing the breakdown for each
accompanied by a certificate of designation of origin                of the types of wines in question are available and no
in accordance with the model given in Annex D to                     reliable estimates of future imports can be made ;
the Agreement in question ;                                         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
Whereas, on the basis of an Agreement in the form of
an exchange of letters provided for in Article 14 of                 various Member States ;
the Interim Agreement and signed on 12 March
 1977 (3), the tariff reduction shall apply from 1 April
 1977 ; whereas the Community tariff quota in ques­                  Whereas, to take into account import trends for the
tion should therefore be opened for a second period                  products concerned in the various Member States,
from 1 April 1978 to 31 March 1979 ; whereas the                     each of the quota amounts should be divided into two
said Agreement in the form of an exchange of letters                 instalments, the first being allocated among the
                                                                     Member States and        the second held as a reserve
provides that the wines in bulk may be transported
only in containers of a capacity not exceeding 25                    intended to cover at a later date the requirements of
hectolitres ; whereas, however, temporarily and for a                Member States who have used up their initial share ;
                                                                     whereas, in order to guarantee some degree of security
(') OJ No C 63 , 13 . 3 . 1978 , p. 43 .                             to importers in each Member State, the first instal­
(2 ) OJ No L 141 , 28 . 5. 1976, p. 98 .
(3) OJ No L 65, 11 . 3 . 1977, p. 2.                                 (4) OJ No L 256, 2 . 10 . 1975, p. 2.
 ---pagebreak--- No L 82 / 4                         Official Journal of the European Communities                                          29 . 3 . 78
ment of the Community quotas should be fixed at a                     initial shares left over, it is essential that it should
level which could , in the present circumstances, be                  return a significant proportion thereof to the relevant
50 % of each of the quota volumes ;                                   reserve, to prevent a part of one or other of the
                                                                      Community quotas remaining unused in one Member
Whereas the initial shares of the Member States may                   State when it could be used in others ;
not be used up at the same rate ; whereas, in order to
take this into account and to avoid disruption , any                  Whereas, since the Kingdom of Belgium, the
Member State which has used up almost all of one of                   Kingdom of the Netherlands and the Grand Duchy of
its initial shares should draw a supplementary share                  Luxembourg are united in and represented by the
from the relevant reserve ; whereas this should be                    Benelux Economic Union , all transactions concerning
done by each Member State each time one of its                        the    administration    of  shares     allocated    to     that
supplementary shares is almost used up, and so on as                  economic union may be carried out by any one of its
many times as the reserve allows ; whereas the initial                members ,
and supplementary shares should be valid until the
end of the quota period ; whereas this form of adminis­
                                                                      HAS ADOPTED THIS REGULATION :
tration requires close collaboration between the
Member States and the Commission , and the Commis­
sion must be in a position to follow the extent to                                             Article 1
which the quota volumes have been used up and
inform the Member States thereof ;                                    1.     For the period 1 April 1978 to 31 March 1979,
                                                                      Community tariff quotas shall be opened for the
Whereas, if at a given date in the quota period a                     following products originating in Morocco within the
Member State has a considerable quantity of one of its                limits set out below :
                     CCT
                                                                                                            Quota
                   heading                                  Description
                                                                                                           volume
                      No
                    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 :
                                       BERKANE ,     SAIS,   BENI        M'TIR ,    GUERROUANE,
                                       ZEMMOUR, ZENNATA,
                                       of an actual alcoholic strength not exceeding 15° :
                                       — in containers holding two litres or less                       40 000 hi
                                       — in containers holding more than two litres                      10 000 hi
 2.    Within these tariff quotas the Common Customs                   (b) the containers must be completely filled ;
 Tariff duties applicable to these wines shall be totally
 suspended .                                                           (c) the means of closing the containers must be such
                                                                           that they cannot be tampered with and must
 3.    The wines in question shall benefit from these                      ensure that they cannot be the subject of opera­
 tariff quotas on condition that the prices on import                      tions during transportation or storage other than
 into the Community are not at any time less than the                      those carried out under the supervision of the
 free-at-frontier reference prices referred to in Regula­                  authorities  of  either  Morocco       or  the   Member
 tion ( EEC) No 2506/75 and subsequent texts which                         States ;
 apply to such prices.
                                                                       (d) each container must be labelled in such a way as
 4.     Wine in containers holding more than two litres                    to permit identification of the quality wine it
 must be put up in accordance with the following                           contains ;
 requirements :
                                                                       (e) the wine in question may be transported only in
(a) the containers must be suitable for transporting                       containers of a capacity not exceeding 200 hecto­
      wine and be used solely for that purpose ;                           litres .
 ---pagebreak--- 29 . 3 . 78                               Official Journal of the European Communities                                  No L 82/ 5
5.     Each of these wines, when imported, shall be                         by a Member State has been used up, that Member
accompanied by a certificate of designation of origin ,                     State shall, in accordance with paragraph 1 , draw a
issued by the relevant Moroccan authority, in accor­                        fourth share equal to the third .
dance with the model annexed to this Regulation .
                                                                            This process shall continue to apply until the reserves
                                                                            are used up .
                           Article 2
                                                                            4.     Notwithstanding paragraphs 1 , 2 and 3 , Member
                                                                            States may draw smaller shares than those fixed in
1.     The tariff quotas laid down in Article 1 shall be                    these paragraphs if there is reason to believe that
divided into two instalments .
                                                                            those fixed might not be used up. They shall inform
                                                                            the Commission of their reasons for applying this
2. A first instalment of each quota shall be allo­                          paragraph .
cated among the Member States ; the shares which,
subject to Article 5, shall be valid up to 31 March
1979 , shall be as follows :                                                                        Article 4
                                                           (in hectolitres)
                                                                            Each additional share drawn pursuant to Article 3
                              Wines having a registered designation         shall be valid until 31 March 1979 .
                                of origin in containers holding :
         Member States
                                two litres             more than
                                                                                                    Article 5
                                  or less               two litres
                                                                            Member States shall return to the reserve , not later
Benelux                            3 330                     840
Denmark                            2 000                     500
                                                                            than 1 February 19 79 , the unused portion of their
Germany                            4 000                  1 000
                                                                            initial share which, on 15 January 1979, is in excess
France                            4  000                  1 000             of 20 % of the initial amount. They may return a
Ireland                            1 340                     320            greater portion if there are grounds for believing that
Italy                              2 000                     500            such portion might not be used in full .
United Kingdom                     3 330                     840
                                                                            Member States shall notify the Commission , not later
                     Total       20 000                  5 000              than 1 February 1979 , of the total imports of the
                                                                            products concerned effected under the Community
                                                                            quotas up to and including 15 January 1979 and,
                                                                            where appropriate, the proportion of each of their
3 . The second instalment of each quota, amounting
to 20 000 and 5 000 hectolitres respectively, shall                         initial shares that they are returning to each of the
                                                                            reserves .
constitute the corresponding reserve.
                                                                                                    Article 6
                           Article 3
                                                                            The Commission shall keep account of the shares
 1.     If 90% or more of one of a Member State 's                          opened by Member States pursuant to Articles 2 and 3
initial shares, as specified in Article 2 (2), or of that                   and shall inform each State of the extent to which the
share less the portion returned to the relevant reserve                     reserve has been used up as soon as it has been noti­
where Article 5 has been applied, has been used up,                         fied .
that Member State shall, without delay, by notifying
the Commission, draw a second share equal to 15 %                           The Commission shall notify the Member States, not
of its initial share, rounded up where necessary to the                     later than 5 February 1979, of the state of each reserve
next whole number, in so far as the amount in the                           after the return of shares pursuant to Article 5 .
reserve allows .
                                                                            The Commission shall ensure that the drawing which
2.      If, after one or other of its initial shares has been
                                                                            uses up a reserve is limited to the balance available,
                                                                            and to this end, shall specify the amount thereof to
used up, 90 % or more of the second share drawn by
                                                                            the Member State making the final drawing.
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                                              Article 7
initial share, rounded up where necessary to the next
whole number, in so far as the amount in the reserve                        1 . Member States shall take all measures necessary
allows .
                                                                            to ensure that additional shares drawn pursuant to
                                                                            Article 3 are opened in such a way that imports may
3.     If, after one or other of its second shares has                      be charged without interruption against their aggre­
been used up, 90 % or more of the third share drawn                         gate shares in the Community quotas.
 ---pagebreak--- No L 82/ 6                        Official Journal of the European Communities                             29 . 3 . 78
2.    Member States shall ensure that importers of the                               Article 9
products concerned established in their territory have
free access to the shares allocated to them .
                                                              The Member States and the Commission shall colla­
3.    The extent to which a Member State has used up          borate closely in order to ensure that this Regulation
its shares shall be determined on the basis of the            is observed .
imports originating in Morocco and entered for home
use .
                        Article 8                                                    Article 10
At the request of the Commission , Member States
shall inform it of imports actually charged against           This Regulation shall enter into force on 1 April
their shares .                                                1978 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 20 March 1978 .
                                                                          For the Council
                                                                            The President
                                                                            K. HEINESEN
 ---pagebreak---                                                                   ANNEX
 1.               - Eksportør - Ausführer - Exporter - Exporta          2.            - Nummer - Nummer -
      teur - Esportatore - Exporteur:                                        Number - Numéro - Numero -                       00000
                                                                             Nummer
                                                                         3 . ( Name of authority guaranteeing the designation
                                                                             of origin )
 4.                   - Modtager - Empfänger - Consignee -
      Destinataire - Destinatario - Geadresseerde :
                                                                         5.
                                                                              CERTIFIKAT FOR OPRINDELSESBETEGNELSE
                                                                              BESCHEINIGUNG DER URSPRUNGSBEZEICHNUNG
                                                                              CERTIFICATE OF DESIGNATION OF ORIGIN
                                                                              CERTIFICAT D'APPELLATION D'ORIGINE
                                                                              CERTIFICATO DI DENOMINAZIONE DI ORIGINE
 6.                    - Transportmiddel - Beförderungsmittel                 CERTIFICAAT VAN BENAMING VAN OORSPRONG
     - Means of transport - Moyen de transport - Mezzo di
     trasporto - Vervoermiddel :
                                                                         7 . ( Designation of origin )
 8.                    - Losningssted - Entladungsort - Place
     of unloading - Lieu de déchargement - Luogo di sbarco -
     Plaats van lossing :
 9.                                                                                                    10 .                    11 .
     Mærker og numre, kollienes antal og art                                                                 Bruttovægt              Liter
     Zeichen und Nummern, Anzahl und Art der Packstücke                                                      Rohgewicht              Liter
     Marks and numbers, number and kind of packages                                                         Gross weight             Litres
     Marques et numéros, nombre et nature des colis                                                          Poids brut              Litres
     Marca e numero, quantità e natura dei colli                                                             Peso lordo              Litri
     Merken en nummers, aantal en soort der colli                                                            Brutogewicht            Liter
12 .                          - Liter (i bogstaver) - Liter ( in Buchstaben) - Litres ( in words) - Litres (en lettres) - Litri ( in lettere) -
     Liter (voluit):
13 .                                 - Påtegning fra udstedende organ - Bescheinigung der erteilenden Stelle - Certificate of the
     issuing authority - visa de i organisme émetteur - visto dell organismo emittente - Visum van de instantie van afgifte:
14 .                       - Toldstedets attest - Sichtvermerk der
     Zollstelle - Customs stamp - Visa de la douane - Visto della
     dogana - Visum van de douane
                                                                                                            ( Oversættelse se nr. 15 - Über­
                                                                        setzung siehe Nr. 15 - see the translation under No 15 -
                                                                        Voir traduction au n° 15 - Vedi traduzione al n . 15 - Zie voor
                                                                        vertaling nr. 15 )
 ---pagebreak---          Det bekræftes, at vinen , der er nævnt i dette certifikat, er 'fremstillet i        området og ifølge marokkansk lovgivning er
         berettiget til oprindelsesbetegnelsen : »                        «.
         Alkohol tilsat denne vin er alkohol fremstillet af vin .                                                        ,
         Wir bestätigen, daß der in dieser Bescheinigung bezeichnete Wein im Bezirk                     gewonnen wurde und ihm nach
         marokkanischem Gesetz die Ursprungsbezeichnung „                         " zuerkannt wird .
         Der diesem Wein zugefügte Alkohol ist aus Wein gewonnener Alkohol .
         We hereby certify that the wine described in this certificate is wine produced within the wine district of                  and is
         considered by Moroccan legislation as entitled to the designation of origin '                   '.
         The alcohol added to this wine is alcohol of vinous origin .
         Nous certifions que le vin décrit dans ce certificat a été produit dans la zone de                 et est reconnu , suivant la loi
         marocaine, comme ayant droit à la dénomination d'origine «                       ».
         L'alcool ajouté à ce vin est de l'alcool d'origine vinique.
         Si certifica che il vino descritto nel presente certificato è un vino prodotto nella zona di           ed e riconosciuto, secondo
         la legge marocchina come avente diritto alla denominazione di origine «                     ».
         L'alcole aggiunto a questo vino è alcole di origine vinica .
         Wij verklaren dat de in dit certificaat omschreven wijn is vervaardigd in het wijndistrict van                    en dat volgens
         de Marokkaanse wetgeving de benaming van oorsprong „                          " erkend wordt .
         De aan deze wijn toegevoegde alcohol is alcohol , uit wijn gewonnen .
    16 . (')
(«) Rubrik forbeholdt eksportlandets andre angivelser.
(1) Diese Nummer ist weiteren Angaben des Ausfuhrlandes vorbehalten
(<) Space reserved for additional details given in the exporting country.
(') Case réservée pour d'autres indications du pays exportateur.
0) Spazio riservato per altre indicazioni del paese esportatore.
(I ) Ruimte bestemd voor andere gegevens van het land /an uitvoer.