CELEX: 51991PC0062
Language: en
Date: 1991-02-26
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) OPENING AND PROVIDING FOR THE ADMINISTRATION OF COMMUNITY TARIFF QUOTAS FOR QUALITY WINES PRODUCED IN THE SPECIFIED REGIONS OF JEREZ, MALAGA, JUMILLA, PRIORATO, RIOJA AND VALDEPENAS ( 1991/92 )

COMMISSION OF THE EUROPEAN CCMVIUNITIES
                                             C0M(91) 62 final
                                             Brussels, 26 February 1991
                               Proposal for a
                         rriiiMriL RFffll'ftT|nNfEEC)
  openly and providtog for the administration of Con^unity tariff quotas
      for quality wtoes produced to the specified regions of Jerez,
        Malaga, . i w m »   Priorato, Kioja and Valdepefias (1991/92)
                        presented by the Commission)
 ---pagebreak---                            BfflANATOig MEMQBANTOM
1. According to articles 30 and 75 of the Act of Accession the duties
   applicable to imports into tfte Ocmnunlty as constituted on 31 December
   1985 of agricultural products originating in Spain shall be
   progressively abolished. Consequently these provisions are applicable to
   duties to be levied in the framework of the following Community Customs
   quotas:
        358 120 hi sherry in containers holding two liters or less falling
        within CN codes ex2204 21 41 and ex2204 21 51,
        435 000 hi sherry in containers holding more than two liters
        falling within CN codes ex2204 29 41 and ex2204 29 51,
        22 008 hi wines from Jumilla, Priorato, RLoja and Valdepefias in
        containers holding two liters or less falling within CN codes
        ex2204 21 21, ex2204 21 23, ex2204 21 31, ex2204 21 33 and ex2204
        21 49 and
        15 000 hi Malaga wines in containers holding two liters or less,
        falling within CN codes ex2204 21 49 and ex2204 21 59.
   The duties applicable to the wines in question shall be reduced to 25%
   of the basic duties on 1 January 1991 and to 12,5% of the basic duties
   on 1 January 1992. By deviation from Article 30 of the aboveinentioned
   act Regulation (EEC) No. 4161/87 lays down consequent on the entry into
   force of the ocmbined nomenclature, the basic duties to be adopted
   within the Community as constituted on 31 December 1985 for the purpose
   of oaljoulatlng the successive reductions provided for in the Act of
   Accession of Spain and Portugal.
   These tariff measures are not applicable in Portugal because Regulation
   (KBC) 3792/85 laying down the arrangements applying to trade in
   agricultural products between Spain and Portugal provides for particular
   provisions on the subject.
 ---pagebreak---    Pursuant to Commission Regulation (EBC) No 2573/90 of 5 September 1990
   totally suspending certain customs duties applicable by the Community of
   Ten to Imports from Spain and Portugal, the said duties are, as concerns
   the produots referred to in Annex II to the Treaty, totally suspended
   once they reach a level of 2% or less. It is necessary therefore to
   apply a duty equal to zero in the case where the value of the specified
   customs duties do not exceed 2% ad valorem.
   Therefore, for the period 1 July 1991 to 30 June 1992, the
   abovementioned tariff quotas should be opened in the Oammunity as
   constituted on 31 December 1985 at duties calculated according to the
   provisions provided for on the subject.
   That is the purpose of the annexed proposal for Regulation.
2. In t M s case it is proposed that the whole of the quota volumes be held
   as Community reserves to which all Member States will have access in
   accordance with the procedure provided for in Article 1(2) of the
   proposal for a Regulation.
Annex: 1 proposal for Council Regulation
 ---pagebreak---                                                       Proposal for a
                                      COUNCIL REGULATION (EEC) N o                    /*l
                                                     of .
                   opening and providing for the administration of C o m m u n i t y tariff quotas for
                   quality wines produced in the specified regions of Jerez, Malaga, Jumilla,
                                        Priorato, Rioja and Valdepenas (1991/93
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         Whereas, therefore, to establish the duties applicable on
                                                                  the imports of these wines Community tariff quotas
                                                                 should be opened for the period from I July 1991 to 30
Having regard to the Act of Accession of Spain and               June 1992 for the abovementioned wines at duties as
Portugal, and in particular Articles 30 and 75 thereof,          shown in the list in Article 1 ;
                                                                 Whereas Council Regulation (EEC) No 3792/85 of 20
Having regard to the proposal from the Commission,
                                                                  December 1985 laying down the arrangements applying
                                                                  to trade in agricultural products between Spain and
Whereas, pursuant to Articles 30 and 75 of the Act of             Portugal (') provides for particular rules for the import
Accession, the duties applicable on the import into the           into Portugal of the products in question coming from
Community, as constituted on 31 December 1985, of the             Spain ; whereas, consequently, the Community tariff
following quality wines from Spain shall be progressively         quotas are only applicable in the Community as
abolished within the limits of Community tariff quotas :          constituted on 31 December 1985;
                                                                Whereas, pursuant to Commission Regulation (EEC)
— 358 120 hectolitres quality wines produced in the             No 2573/90 of 5 September 1990 totally suspending certain
     specified region of Jerez in containers holding two        customs duties applicable by the Community of Ten to
     litres or less, falling within CN codes ex 2204 21 41       imports from Spain and Portugal ( J ), the said duties are, as
     and ex 2204 21 51,                                         concerns the products referred to in Annex II to the Treaty,
                                                                totally suspended once they reach a level of 2 % or less;
— 435 000 hectolitres quality wines produced in the               that it is necessary therefore to apply a duty
     specified region of Jerez in containers holding more         equal to zero in the case where the value of the
     than two litres falling within CN codes ex 2204 29 41        specified customs duties do not exceed 2% ad
     and ex 2204 29 51,                                           valorem.
— 15 000 hectolitres quality wines produced in the
     specified region of Malaga in containers holding two         Whereas equal and continuous access to the quotas
     litres or less, falling within CN codes ex 2204 21 49        should be ensured for all Community importers and the
     and ex 2204 21 59, and                                       rates laid down for the quotas should be applied consis-
                                                                  tently to all imports of the products in question into all
— 22 008 hectolitres quality wines produced in the                Member States until the quotas are exhausted ; whereas
     specified regions of Jumilla, Priorato, Rioja and            they should not be allocated among the Member States,
     Valdepeflas, in containers holding two litres or less,{      without prejudice to the drawing against the quota
     falling within CN codes ex 2204 21 21, ex 2204 21 23, j      volumes of such quantities as they may need, under
     ex 2204 21 31, ex 2204 21 33 and ex 2204 21 49 ; \           conditions and according to a procedure laid down in
                                                                   Article 3 ; whereas this method of administration requires
                                                                   close cooperation between the Member States and the
Whereas, however, with regard to the quality wines                 Commission ;
produced in the specified region of Jerez, in order toi
fulfil better the requirements of the common market, a             Whereas, since the Kingdom of Belgium, the Kingdom of
single overall tariff quota of 793 120 hectolitres should be       the Netherlands and the Grand Duchy of Luxembourg
opened ;                                                           are united within and jointly represented by the Benelux
                                                                   Economic Union, any operation concerning the adminis-
                                                                   tration of the contingents m:iy h< ( :imi <l out by any one
Whereas these duties are reduced to 25 % of the basic              of its members,
duties on 1 January 1991 and 1012/51 of the basic duties
on 1 January 1992; whereas, by way of derogation from              HAS ADOPTED THIS REGULATION
Article 30 of the Act of Accession, Regulation (EEC) No
4161/87 (') lays down consequent on the entry into force
of the combined nomenclature, the basic duties to be
                                                                                            Article !
adopted within the Community as constituted on 31
December 1985 for the purpose of calculating the
successive reductions provided for in the Act of Accession         From 1 July 1991 to 30 June 1^92 the customs duties
of Spain and Portugal ;                                           applicable on the following qualitv wmrs produced in the
                                                                  specified regions shall, in the Community as constituted
                                                                  on 31 December 1985, be partially suspended at the levels
(') OJ No L 395, 31. 12. 1987, p. 1.
                                                                  and within the limits of the Community tariff quotas
                                                                  indicated for each of them :
                                                                  O OJ No L 367, 31. 12. IVK5. p.
                                                                 (») OJNoL243, 6. 9. 1990, p. 19.
 ---pagebreak---                                                               -2-
                                                                                         R»te (ECU/hl)                       Quota
    Otder           CN codes                      Description                                                                volume
     No                (')                                                     from I July         from I lanuary         (hectolitres)
                                                                          to 31 December 19*/     to 30 June I "«2
                                                                                  Q)
   09.0317      ex  2204 21 41
                                                   Sherry                           1,6
                 ex  2204 21 51                                                                            0,8              793 120
                ex   2204 29 41
                 ex  2204 29 51                                                     1,6                    0,8
                                                                                    L8
                 ex 2204 21 49
                                              Wine from Malaga                      2,5                     1,2               15 000
   094)310       ex 2204 21 59                                                      2,8                     1,4
   09.0312      ex
                 ex
                 ex
                     2204 21 21
                     2204 21 23
                     2204 21 31
                                     Wine from Jumilla, Priorato, Rioja,
                                     Valdepeflas                           }        25
                                                                                     '             1 «                 >      22 008
                 ex  2204 21 33                                                     2,9                     1,4
                 ex  2204 21 49                                                     3,6                     1,3
(') See Taric codes in Annex.
 C2)Ttese Specific OBlUiK duties mv unly colUcled wtmi Llwir vdlue is yœater tharr
                              Article   2                                the Member States concerned             to the extent that the
                                                                         available balance so permits.
The tariff quotas referred to in Article 1 shall be                      If a Member State does not use the quantities drawn, it
administered by the Commission, which may take all                       shall return them as soon as possible to the corresponding
appropriate administrative measures in order to ensure                   quota amount.
effective administration thereof.
                                                                         If the quantities requested are greater than the available
                                                                         balance of the quota amount, allocation shall be made on
                                                                         a pro rata basis with respect to the requests. Member
                              Article   3                                States shall be informed by the Commission of the
                                                                         drawings made.
If an importer presents in a Member State a declaration of
entry into free circulation, including a request for                                                  Article   4
preferential benefit for a product covered by this
Regulation and if this declaration is accepted by the                    Each Member State shall ensure that importers of the
customs authorities, the Member States concerned shall                   products in question have equal and continuous access to
inform the Commission and draw an amount corres-                         the quotas for as long as the balance of the relevant quota
ponding to its requirements from the corresponding                       volumes so permits.
amount.
                                                                                                      Article   5
The drawing requests, with indication of the date of
acceptance of the said declarations, must be transmitted                 The Member States and the Commission shall cooperate
to the Commission without delay.                                         closely to ensure that this Regulation is complied with.
The drawings are granted by the Commission by                                                          Article  f,
 reference to the date of acceptance of the declarations of
entry into free circulation by the customs authorities of                This Regulation shall enter into force on 1 July 1991.
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                     States.
                     Done at Brussels,
                                                                                       For the    Council
                                                                                        Tie    President
 ---pagebreak---             -3-
              ANNEX
            Taric codes
Order No      CN code      Taric code
09.0317  ex  2204 2141  2204 2141*10
         ex  2204 21 51 2204 21 51*10
         ex  2204 29 41 2204 29 41M0
         ex  2204 29 51 2204 29 51 '10
09.0310  ex 2204 21 49  2204 2149*12
         ex 2204 21 59  2204 21 59" 12
09.0312  ex  220421 21  22042121*10
         ex  2204 21 23 2204 21 2.VI0
         ex  2204 21 31 2204 21 31M0
         ex  2204 21 33 2204 21 33*10
         ex  2204 21 49 2204 21.49*21
 ---pagebreak---                                                               g*A/
                                                                      ?
            FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLO
Cette proposition est formulée en conformité avec un engagement
contractuel de la Communauté.  L'Impact découlant de cette concession a
été pris en considération lors de la prise de décision d'adoption de
ces contingents et M n'aura pas un caractère sérieux sur la
compétitivité et l'emploi dans la Communauté.
                                                                        !
                                                                            ,••£
                                                                           i >'r-.
                                                                           :h      •
                                                                              t
                                                                          • .i »
                                                                          i t..
 ---pagebreak---  ---pagebreak---                                                                        s       ISSN 0254-1475
                                                                   COM(91) 62 final
                                                      UUOUIVIicN I o
EN                                                                                         02
                                 Catalogue number : CB-CO-91-080-EN-C
                                                               ISBN 92-77-69554-4
PRICE                         1-30 pages: 3.50 ECU       per additional 10 pages: 1.25 ECU
Office for Official Publications of the European Communities
L-2985 Luxembourg