CELEX: 31985R3671
Language: en
Date: 1985-12-20 00:00:00
Title: Council Regulation (EEC) No 3671/85 of 20 December 1985 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 Yugoslavia (1986)

30 . 12 . 85                                 Official Journal of the European Communities                               No L 354 / 25
                                             COUNCIL REGULATION ( EEC) No 3671 / 85
                                                          of 20 December 1985
               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 Yugoslavia ( 1986)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               products concerned into the Member States until the quota
                                                                        has been used up ; whereas , having regard to the above
                                                                        principles , the Community nature of the quota can be
                                                                        respected by allocating the Community tariff quota among
Having regard to the Treaty establishing the European                   the Member States ; whereas , in order to reflect most
Economic Community, and in particular Article 113
thereof,
                                                                        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 ,
Having regard to the proposal from the Commission ,                     assessed by reference to both the statistics relating to
                                                                        imports of the said products from Yugoslavia over a
                                                                        representative reference period and the economic outlook
Whereas Article 22 of the Cooperation Agreement between                 for the quota period concerned ;
the European Economic Community and the Socialist
Federal Republic of Yugoslavia ( ! ) stipulates that certain
wines having a registered designation of origin falling                 Whereas in this case, however, neither Community nor
within subheading ex 22.05 C of the Common Customs                      national statistics showing the breakdown for each of the
Tariff, originating in Yugoslavia and specified in the                  types of wines in question are available and no reliable
Agreement in the form of an exchange of letters of 1 8 July             estimates of future imports can be made ; whereas in these
 1983 , shall be imported into the Community at customs                 circumstances the quota volumes should be allocated in
duties equal to 70 % of the duties of the Common Customs                initial shares , taking into account demand for these wines
Tariff within the limits of an annual Community tariff                  on the markets of the various Member States ;
quota of 12 000 hectolitres ; whereas these wines must be
put in containers holding two litres or less and must be
accompanied by a certificate of designation of origin in                Whereas , to take into account import trends for           the
accordance with the model appearing in the Annex to this                products concerned in the various Member States ,          the
Regulation ; whereas a tariff quota of 12 000 hectolitres               quota amount should be divided into two instalments ,      the
should therefore be opened for the period up to                         first being allocated among the Member States and          the
31 December 1986 ;                                                      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
Whereas the wines in question are subject to compliance                 security to importers in each Member State , the first
with the free-at-frontier reference price ; whereas , in                instalment of the Community quota should be fixed at a
order that such wines may benefit from this tariff quota ,              level which could , in the present circumstances , be 85 % of
Article 18 of Regulation (EEC) No 337 / 79 ( 2 ), as last               the quota volume ;
amended by Regulation (EEC ) No 2342 / 84 ( 3 ), must be
complied with ;
                                                                        Whereas the initial shares of the Member States may be
                                                                        used up at different rates ; whereas , in order to take this
Whereas in the absence of a Protocol as provided for in                 into account and to avoid a break in continuity, any
Articles 179 and 366 of the Act of Accession of Spain and               Member State which has used up almost all of its initial
Portugal , the Community must take the measures referred                share should draw an additional share from the reserve ;
to in Articles 180 and 367 of that Act; whereas the tariff              whereas this should be done by each Member State each
measure in question applies therefore to the Community of               time one of its additional shares is almost used up , and so
Ten ;                                                                   on as many times as the reserve allows ; whereas the initial
                                                                        and additional shares must be valid until end of the quota
                                                                        period ; whereas this form of administration requires close
Whereas it is in particular necessary to ensure equal and               collaboration     between    the  Member     States  and   the
uninterrupted access for all Community importers to the                 Commission , and the Commission must be in a position to
abovementioned quota , and uninterrupted application of                 follow the extent to which the quota volume has been used
the rates laid down for this quota to all imports of the                up and inform the Member States thereof;
0 ) OJ No L 41 , 14. 2 . 1983 , p. 2 .                                  Whereas, if at a given date in the quota period a substantial
( 2 ) OJ NoL 54 , 5 . 3 . 1979 , p. 1 .                                 quantity of its initial share remains unused in any Member
( 3 ) OJ No L 217 , 14 . 8 . 1984, p. 6 .                               State , it is essential that it should return a significant
 ---pagebreak--- No L 354 / 26                          Official Journal of the European Communities                                 30 . 12 . 85
proportion thereof to the reserve, to prevent part of the             HAS ADOPTED THIS REGULATION :
Community quota remaining unused in one Member State
when it could be used in others ;
                                                                                              Article 1
Whereas , since the Kingdom of Belgium , the Kingdom of               1 . From 1 January to 31 December 1986 the Common
the Netherlands and the Grand Duchy of Luxembourg are                 Customs Tariff duties in respect of the import into the
united within and jointly represented by the Benelux                  Community of Ten of the following products originating in
Economic Union , all transactions concerning the                      Yugoslavia shall be suspended at the levels shown below
administration of the shares allocated to that economic               within the limits of a Community tariff quota of
union may be carried out by any one of its members .                  12 000 hectolitres :
                      CCT
                                                                                                   Rate of
                    heading                              Description
                       No
                                                                                                     duty
                     22.05    Wine of fresh grapes ; grape must with fermentation arrested by
                              the addition of alcohol :
                              C. Other :
                                  I. Of an actual alcoholic strength by volume not
                                      exceeding 13 % vol , in containers, holding:
                                      ex a ) Two litres or less :
                                             — wines entitled to one of the following
                                                 designations of origin :
                                                 — Ljutomersko — Ormoške gorice , Laški
                                                     Rizling
                                                 — Ohrid , Merlot
                                                 — Herzegovina — Mostar:
                                                     — Žilavka
                                                     — Blatina
                                                 — Fruška Gora , Talijanski Rizling
                                                 — Oplenac , Lipovac
                                                 — Istra , Merlot
                                                 — Tikveš :
                                                     — Krater
                                                     — Kratoišja
                                                 — Strednja i južna dalmacija :
                                                     — Dingač
                                                     — Kăstelet
                                                 — Crna Gora , Vranac                          10,1 ECU / hl
                                  II. Of an actual alcoholic strength by volume exceeding
                                      13 % vol but not exceeding 15 % vol , in containers ,
                                      holding :
                                      ex a ) Two litres or less :
                                             — wines entitled to one of the following
                                                 designations of origin:
                                                 — Ljutomersko — Ormoške gorice , Laški
                                                     Rizling
                                                 — Ohrid , Merlot
                                                 — Herzegovina — Mostar :
                                                     — Žilavka
                          -
                                                     — Blatina
                                                 — Fruška Gora , Talijanski Rizling
                                                 — Oplenac , Lipovac
                                                 — Istra , Merlot
                                                 — Tikveš :
                                                     — Krater
                                                     — Kratoišja
                                                 — Srednja i južna dalmacija :
                                                     — Dingač
                                                     — Kăstelet
                                                 — Crna Gora , Vranac                          11,8 ECU / hl
 ---pagebreak--- 30 . 12 . 85                              Official Journal of the European Communities                               No L 354 / 27
2 . The wines in question shall be subject to compliance             This process shall continue to apply until the reserve is used
with the free-at-frontier reference price . In order that such       up .
wines may benefit from this tariff quota , Article 18 of
Regulation (EEC ) No 337 / 79 must be complied with .
                                                                     4 . Notwithstanding paragraphs 1 , 2 and 3 , Member
                                                               j
                                                                     States may draw smaller shares than those fixed in these
3 . Each of these wines , when imported , shall be                   paragraphs if there is reason to believe that those fixed
accompanied by a certificate of designation of origin,               might not be used up . They shall inform the Commission
issued by the relevant Yugoslavian authority , in accordance         of their grounds for applying this paragraph .
with the model annexed to this Regulation .
                                                                                                Article 4
                             Article 2                               The additional shares drawn pursuant to Article 3 shall be
                                                                     valid until 31 December 1986 .
1 . The Community tariff quota referred to in Article 1
shall be divided into two instalments .
2 . A first instalment , amounting to 10 200 hectolitres                                        Article 5
shall be allocated among the Member States; the shares ,
which subject to Article 5 shall be valid until 31 December          Member States shall return to the reserve , not later than
1986 , shall be as follows :                                         1 October 1986 , the unused portion of their initial shares
                                                                     which on 15 September 1986 is in excess of 20 % of the
                                                 (hectolitres)       initial amount. They may return a greater quantity if there
       Benelux                                        330            are grounds for believing that this quantity might not be
                                                                     used in full .
       Denmark                                     2 510
       Germany                                      5 770
       Greece                                          10
       France                                         100
                                                                     Member States shall notify the Commission , not later than
       Ireland                                         30            1 October 1986 , of the total imports of the products
       Italy                                          110            concerned effected under the Community quotas up to and
       United Kingdom                               1 340            including 15 September 1986 and, where appropriate, the
                                                                     proportion of their initial share that they are returning to
                                                                     the reserve .
3 . The second instalment , amounting to 1 800 hectolitres ,
shall constitute the reserve.
                                                                                                Article 6
                             Article 3
                                                                     The Commission shall keep an account of the shares
                                                                     opened by Member States pursuant to Articles 2 and 3 and ,
1 . If 90 % or more of a Member State's initial share, as            as soon as it has been notified , shall inform each Member
specified in Article 2 ( 2 ), or of that share less the portion      State of the extent to which the reserve has been used up .
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           It shall notify the Member States , not later than 5 October
15 % of its initial share , rounded up where necessarry to the       1986 , of the state of the reserve after quantities have been
next whole number , in so far as the amount in the reserve           returned thereto pursuant to Article 5 .
allows .
                                                                     It shall ensure that the drawing which uses up the reserve is
2 . If, after its initial share has been used up, 90 % or            limited to the balance available and, to this end , shall
more of the second share drawn by a Member State has                 specify the amount thereof to the Member State making the
been used up , that Member State shall , in accordance with          final drawing.
the conditions laid down in paragraph 1 , draw a third
share equal to 7,5% of its initial share .
3 . If, after its second share has been used up , 90 % or                                       Article 7
more of the third share drawn by a Member State has been
used up , that Member State shall , in accordance with the           1 . Member States shall take all measures necessary to
conditions laid down in paragraph 1 , draw a fourth share            ensure that additional shares drawn pursuant to Article 3
equal to the third .                                                 are opened in such a way that imports may be charged
 ---pagebreak--- No L 354 / 28                          Official Journal of the European Communities                               30 . 12 . 85
without interruption against their aggregate shares in the                                 Article 8
Community quota .
                                                                  At the request of the Commission , Member States shall
                                                                  inform it of imports actually charged against their shares.
2 . Member States shall ensure that importers of the
products have free access to the shares allocated to them .
                                                                                           Article 9
3 . The Member States shall charge the imports of the
products concerned against their shares as and when the           The Member States and the Commission shall collaborate
products are entered with customs authorities for free            closely in order to ensure that this Regulation is
circulation .                                                     observed .
4 . The extent to which a Member State has used up its                                     Article 10
shares shall be determined on the basis of the imports
charged in accordance with paragraph 3 .                          This Regulation shall enter into force on 1 January 1986 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels , 20 December 1985 .
                                                                                      For the Council
                                                                                       The President
                                                                                         R. KRIEPS
 ---pagebreak---                      BILAG — ANHANG — ΠΑΡΑΡΤΗΜΑ — ANNEX — ANNEXE — ALLEGATO — BIJLAGE
 1 . Exporter — Exportateur
                                                                                        CERTIFICATE OF DESIGNATION OF ORIGIN
                                                                                          CERTIFICAT D'APPELLATION D'ORIGINE
                                                                                        YUGOSLAV WINES               VINS YOUGOSLAVES
                                                                                                              No 000000
 2. Consignee — Destinataire                                                     3. ISSUING AUTHORITY - ORGANISME ÉMETTEUR
                                                                                 4. Designation of origin — Appellation d'origine
5. Marks and numbers — Number and kind of packages                                                                  6. Gross mass (kg)  7 . Litres
     Marques et numéros — Nombre et nature des colis                                                                   Masse brute (kg)     Litres
8. Litres (in words) — Litres (en lettres)
9. CERTIFICATION BY THE ISSUING AUTHORITY - VISA DE L'ORGANISME ÉMETTEUR
    The wine described in this certificate is wine produced within the wine district of
    and is considered by Yugoslav legislation as entitled to the designation of origin
     Le vin décrit dans le présent certificat a été produit dans la zone viticole de
    et est reconnu, suivant la loi yougoslave, comme ayant droit à la dénomination d'origine « .
    Place — Lieu :                           Date — Date :                                   Signature and stamp — Signature et cachet :