CELEX: 51977PC0240
Language: en
Date: 1977-06-08
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of Community tariff quotas for port wines, falling within heading ex 22.05 of the Common Customs Tariff, originating in Portugal (1978)#PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of Community tariff quotas for Madeira wines, falling within heading ex 22.05 of the Common Customs Tariff, originating in Portugal (1978)#PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of Community tariff quotas for Setubal muscatel wines, falling within heading ex 22.05 of the Common Customs Tariff, originating in Portugal (1978) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 240
Vol. 1977/0087
 ---pagebreak--- Disclaimer
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                           COM(77)240 final
              /
                                           Brussels , 8 June 1977
                           PROPOSAL FOR A
                  REGULATION (EEC ) OP THE COUNCIL ;
            /
          opening, allocating and providing for the administration
          of Community tariff quotas for port wines , falling
          within heading ex 22.05 of the Common Customs Tariff ,
          originating in Portugal ( 1978 )
                                            I
                                !                               i
                           PROPOSAL FOR A
                  REGULATION (EEC ) OP THE COUNCIL
          opening, allocating and providing for the administration
          of Community tariff quotas for Madeira wines , falling
          within heading ex 22.05 of the Common Customs Tariff ,
          originating in Portugal ( 1978 )
                                                              f
                           PROPOSAL FOR A
                      I •
                  REGULATION (EEC ) OF THE COUNCIL
          opening, allocating and providing for the administration
          of Community tariff quotas for Setubal muscatel wines ,
          falling within heading ex 22.05 of the Common Customs    \
          Tariff , originating in Portugal ( 1978 )         i
          ( submitted to the Council by the Commission )
 COM(77 ) 240 final
 ---pagebreak---                                    EXPLANATORY_MEMORANDyH
              1.   Article U of Protocol No 8 to the Agreement of 1972 between the
                   European Economic Community and the Portuguese Republic as amended by
                   Article 9 of the Interim Agreement of 1976 , provides for the opening
                   of Community tariff quotas for the wines listed below :
Common Customs                                         Annual               Rate of
Tariff beading             Description of goods        Total                réduction
No                                                     Volume
ex 22.05 C III a )         Port wines                  35,000 hi              60%
ex 22.05 C IV a )          - in containers holding
                             two litres or less
ex 22.05 C III b )         Port wines                 280 000 hi              50%
ex 22.05 C IV b )          - in containers holding
                             more than two litres
ex 22.05 C III a )         Madeira wines                 1 500 hi             60%
ex 22.05 C IV a )          - in containers holding
                             two litres or less
ex 22.05 C III b )         Madeira wines                14 500 hi             50%
ex 22.05 C IV b )          - in containers holding
                             more than two litres
ex 22.05 C III a )         Setubal muscatel wines        1 000 hi             60%
ex 22.05 C IV a )          - in containers holding
                             two litres or less
ex 22.05 C III b )         Setubal muscatel wines        2 000 hi              50%
ex 22.05 C IV b )          - in containers holding
                             more than two litres
             These wines will             remain subjoot to provision relating to
             the ooinmon organization of the market in wine .
         2 * In order to meet the Community 's obligations to Portugal in 1978
             have to be adopted providing for the opening, allooation and administra^
             tion of Community tariff quotas .
             That io,the objeot of the annexed proposals .
 ---pagebreak---  3 . The Regulations provide , in the normal way, that eaoh of the volumao
      shall "be divided into two instalments , the first of whioh is to "be
      allocated among the Member States and the seoond held as a reserve *
     The allooation of the first instalment ia usually based on statistics
     for the three preoeding years and on forecasts for the period in
     question .   In the absenoe of specifio Community statistics for these
     wines the initial quotas have been oaloulated on the basis of the
     most reoent statistics for Portuguese exports from 1974 to 1976 •
     The Portuguese statistics can in faot be considered to givo a rough
     pioture of Community imports of the vines in question *
     The Member States' experts who participated in the consultative meeting
     of the "Economic Tariff Problems" Group (13/ 14 April 1977 ) expressed
     agreement in principle to the scheme for allocations of shares proposed
     by the Commission in the framework of the regulations annexed.
ANNEXES :       3 proposals for Regulations of the Council
 ---pagebreak---                                                                                                                ANNEX A
                                           Proposal for a
                                    COUNCIL REGULATION (EEC)
              opening, allocating and providing (or the administration of Community tariff
              quotas for port wines, falling within heading No ex 22.05 of the Common
                                   Customs Tariff, originating in Portugal ( 1978)
THE COUNCIL OF THE EUROPEAN                             *    to the abovementioncd quotas and uninterrupted
COMMUNITIES,                                                 application of the rates laid down for these quotas to
Having regard to the Treaty establishing the European        all imports of the products concerned into all Member
Economic Community, and in particular Articles 43            States until the quotas have been used up ; whereas,
and 113 thereof.                                             having regard to the principles mentioned above, the
                                                             Community nature of the quotas can be respected by
Having regard to the proposal from the Commission,           allocating the Community tariff quota among the
Having regard to the opinion of the European Parlia­         Member States ;
ment ( ' ),
Whereas Article 4 of Protocol 8 to the Agreement
between the European Economic Community and the              Whereas, in order to reflect most accurately the actual
Portuguese Republic (2), as amended by the Interim           development of the market in the products concerned,
Agreement between the European Economic Commu­               such allocation should be in proportion to the needs
nity and the Portuguese Republic (3), provides that          of the Member States, assessed by reference both to
customs duties on imports into the Community of              the statistics of each State's imports from Portugal
certain wines originating in Portugal, shall be              over a representative period and to the economic
reduced :
                                                             outlook for the quota period concerned ;
– by 60 % in the case of the duties applicable to
    port wines falling within subheadings ex 22.05 C
    III a) 1 and ex 22.05 C IV a) 1 of the Common
    Customs Tariff, up to a total annual tariff quota of     Whereas available Community statistics give no infor­
    35 000 hi , and                                          mation on the situation of port wines on the markets ;
– by 50 % in the case of the duties applicable to            whereas, however, Portuguese statistics for exports of
    port wines falling within subheadings ex 22.05 C         these products to the Community during the past
     III b) 1 and ex 22.05 C IV b) 1 of the Common           three years can be considered to reflect approximately
    Customs Tariff up to a total annual tariff quota of      the situation of Community imports ; whereas on this
    280 000 hi :                                             basis the corresponding imports by each of the
                                                             Member States for the past three years represent the
                                                             following percentages of the imports into the Commu­
                                                             nity from Portugal of the products concerned :
                                                                                                    1974      197S   1976
                                                             Port wines :
Whereas these wines will                               J'    – in réceptacles contai­
remain subject to the provisions governing the                   ning two litres or less :
common organization of the market in wine ;                      – Dcnelux                          13-4     18-8    17.8
                                                                 – Denmark                      i    4-        6-0    6.2
Whereas it is in particular necessary to ensure for all          – Germany                           7-2     15-3    11.0
Community importers equal and uninterrupted access               – France                          27-9      29-0    36.0
(') OJ No
                                                                 –- Ireland
                                                                 – Italy
                                                                                                     0-6
                                                                                                   29-9
                                                                                                               0-4
                                                                                                               6-1
                                                                                                                     i8:S
{') OJ No L 301 , 31 . 12. 1972, p. 165.                         – United Kingdom                   16-9     14-4    10.5
(') OJ No L 266, 29. 9. 1976, p. 2.
 ---pagebreak---                                                                      - 2 -                                               ANNEX A
                                                                         end of the quota period ; whereas this method of
                                1974            1975          1976       administration calls for close cooperation between
                                                                         Member States and the Commission, which must, in
                              i                                          particular, be able to observe the extent to which the
– in       receptacles con­
    taming more than two                                                 quota amounts are used and inform Member States
    litres :                                                             thereof ;
    – Bénélux               !   14-0           13-4           15.7
    – Denmark                    4-5             55             7.0      Whereas if, at a specified date in the quota period, a
    – Germany                   10               0-4            6.4      considerable balance of one of the initial quota shares
    – France                    41 0           39-4          46.5        remains in one or other Member State it is essential
    – Ireland                     1-5            1-2            0.6      that that Member State pays a large amount of it back
    – Italy                                                              into the reserve, in order to avoid a part of one or
    – United Kingdom            28-0            301          23.8        other of the Community quotas remaining unused in
                                                                         one Member State when it could be used in others ;
                                                                         Whereas, since the Kingdom of Belgium, the
Whereas, in view of these data and the estimates                         Kingdom of the Netherlands and the Grand Duchy of
submitted by certain Member States, initial quota                        Luxembourg are united in and represented by the
shares may be fixed approximately at the following                       Benelux Economic Union, all transactions concerning
percentages :                                                            the administration of shares granted to the abovemen-
                                                                         tioned economic union may be carried out by any of
                                        Port wines in receptacles
                                                                         its members.
                                                containing
                                      fwo litres          more than
                                       or Icss            two litres
                                                                         HAS ADOPTED THIS REGULATION :
Bénélux                                 16-6                14-6
Denmark                                   4-8                66
                                                                                                  Article 1
Germany                                   4-9                8-7
France                                  29-7                42-5
Ireland                                   0-8           •    0-8         1.    For the period from 1 January to 31 December
Italy                                   18-8                 0-1         1978, Community tariff quotas shall be opened for
                                                                         products originating in Portugal, and within the limits
United Kingdom                           14-4               26-7
                                                                         listed below :
                                                                                    CCT                                     Quota
                                                                                                      Description
Whereas, in order to take into account import trends                             heading No                                • mount
for the products concerned in the different Member
States, each of the quota amounts should be divided
into two instalments, the first instalment being allo­
                                                                         ex 22.05 C III a) 1
                                                                         ex 22.05 C IV a) 1       | Port wines           35 000 hl
cated among the Member States and the second
forming a reserve intended ultimately to cover the
requirements of the Member States which have used
                                                                         ex 22.05 C III b) 1
                                                                         ex 22.05 C IV b) I       | Port wines          280 000 hl
up their initial quota shares ; whereas, in order to
ensure a certain degree of security for importers in                     2.    The Common Customs Tariff duties on wines
each Member State, the first instalment of the
Community quotas should be determined at a level                         imported within these tariff quotas shall be suspended
                                                                         at the rates listed below :
which, under present circumstances, may be 90 % of
each of the quota amounts ;
                                                                                   CCT heading No                 Rate of duty
Whereas the initial quota shares of the Member States                    ex 22.05 C III a    1                    5-4  u.aVhl
may be used up at different times ; whereas, in order                    ex 22.05 C IV a) 1                       5-8  uj./ hl
to take this fact into account and avoid any break in                    ex 22.05 C III b     I                   5-5  uj./hl
continuity, any Member State having used up almost                       ex 22.05 C IV b) 1                       60   uji7hl
the whole of any one of its initial quota shares should
draw an additional quota share from the corres­
ponding reserve ; whereas this must be done by each
Member State when each of its additional quota shares
is almost entirely used up, and repeated as many times
as the reserve allows ; whereas the initial and addi­
tional quota shares must be available for use until the
 ---pagebreak---                                                                          - 3 -                                          ANNEX A
                         Artide 2
                                                                            4. Notwithstanding paragraphs 1 , 2 and 3, the
                                                                            Member States may proceed to draw shares smaller
1.    The tariff quotas laid down in Article 1 shall be                     than those fixed in those paragraphs if there is any
divided into two instalments.                                               reason to believe that those shares might not be used
                                                                            up. They shall inform the Commission of the reasons
2.    A first instalment of each quota shall be shared                      which led them to apply this paragraph.
among the Member States ; the shares which , subject
to Article 5, shall be valid until 31 December 1978
                                                                                                    Article 4
shall consist of the following amounts :
                                                        (in hectolitres)
                                                                            Each of the additional shares drawn pursuant to
                                Port wines under subheadings
                                                                            Article 3 shall be valid until 31 December 19$ .
                         Fen 22.0S C III a) I   ex 22.05 C III b) I
                                  and                    and
                          ex 22.05 C IV a) 1    ex 22.0 * C IV b) I                                 Article 5
Bénélux                         5 250                 36   790              The Member States shall return to the reserve, not
Denmark                         I 500                    6 610              later than 1 October 1978, the unused portion af their
Germany                         4 690                 22   000
                                                                            initial share which, on 15 September 1978. is in
France                          9 350                107   100
                                                                            excess of 20 % of the initial amount. They may return
Ireland                            250                   2 000
                                5 920                        00
                                                                            a larger quantity if there are reasons to believe that
Italy                                                                       such quantity might not be used.
United Kingdom                  4 540                 67 .180
                  Total       31 500                252 000                 The Member States shall, not later than 1 October
                                                                            1978, notify the Commission of the total imports of
                                                                            the products concerned effected up to 15 September
                                                                            1978 inclusive and charged against the Community
3. The second instalment of each quota, 3 500                               quotas and, where appropriate, the proportion of their
hectolitres and 28 000 hectolitres respectively, shall                      initial shares that is being returned to each reserve.
constitute the reserve.
                                                                                                    Article 6
                         Article 3
                                                                            The Commission shall keep account of the shares
1.    If 90 % or more of one of the initial shares of a                     opened by Member States in accordance with Articles
Member State, as laid down in Article 2 (2) or 90 % or                      2 and 3 and shall inform each of them of the extent
more of that share less the amount returned into the                        to which the reserves have been used as soon as it
reserve, where the provisions of Article 5 have been                        receives the notifications.
applied, has been exhausted , that Member State shall
proceed without delay, by notifying the Commission,                         The Commission shall , not later than 5 October 19 /8 ,
to draw a second share equal to 1.5% of its initial                         notify Member States of the amount in each reserve
share, rounded up to the next unit where appropriate,                       after the return of shares pursuant to Article 5.
to the extent that the amount in the reserve allows.
                                                                            The Commission shall ensure that any drawing which
2.    If, after one or other of its initial shares has been                 uses up any reserve is limited to the balance available
exhausted, 90 % or more of the second share drawn                           and for this purpose, shall specify the amount thereof
by a Member State has been used, that Member State                          to the Member State which makes the final drawing.
shall proceed in the manner specified in paragraph 1
to draw a third share equal to 7-5 % of its initial
share, rounded up to the next unit where appropriate,                                               Article 7
to the extent that the amount in the reserve allows.
                                                                            1.    The Member States shall take all appropriate
3.     If, after one of its second shares has been                          measures to ensure that, when additional shares are
exhausted, 90 % or more of the third share drawn by                         drawn pursuant to Article 3, it is possible for charges
a Member State has been used, that Member State                             to be made, without interruption, against their accu­
shall proceed in the manner specified in paragraph I ,                      mulated shares of the Community tariff quotas.
to draw a fourth share equal to the third.
                                                                            2.    The Member States shall ensure that importers
This process shall be applied until the reserve is                          of the said goods established in their territory have
exhausted .                                                                 free access to the shares allocated to them .
 ---pagebreak---                                                  -  A -                                              ANNEX A
3. The extent to which ■ Member State has used up                                  Article 9
its shares shall be determined on the basis of the          The Member States and the Commission shall coop­
imports originating in Portugal as and when the goods       erate closely in order to ensure that the provisions of
are entered for home use.
                                                            this Regulation are observed.
                       Article 8
                                                                                    Article 10
At the Commission's request Member States shall
inform it of imports of the products concerned actu­       The Member States shall forward to the
ally charged against their shares.                         Commission , within the 45 days following
                                                           the publication of this Regulation in
                                                           the Official Journal of the European
                                                           Communities , a copy or a photocopy of
                                                           the provisions they have made in order
                                                           to apply this Regulation .
                                                                                  Article   11
                                                            This Regulation shall enter into force on 1 January
                                                            1978.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels,
                                                                        For the Council
                                                                         The President
 ---pagebreak---                                                                                                                ANNEX B
                                                  Proposal for a
                                   COUNCIL REGULATION ( EEC)
                opening, allocating and providing for the administration of Community tariff
                quotas for Madeira wines, falling within heading No ex 22.05 of the Common
                                 . Customs Tariff, originating in Portugal ( 1978)
THE COUNCIL OF THE EUROPEAN                                  Whereas it is in particular necessary to ensure for all
COMMUNITIES,                                                 Community importers equal and uninterrupted access
                                                             to the abovementioned quotas and uninterrupted
                                                             application of the rates laid down for these quotas to
Having regard to the Treaty establishing the European        all imports of the products concerned into all Member
Economic Community, and in particular Articles 43            States until the quotas have been used up ; whereas,
and 113 thereof,                                             having regard to the principles mentioned above, the
                                                             Community nature of the quotas can be respected by
                                                             allocating the Community tariff quota among the
                                                             Member States ;
Having regard to the proposal from the Commission.
Having regard to the opinion of the European Parlia­
ment ( ' ),
                                                             whereas, in order to reflect most accurately the actual
                                                             development of the market in the products concerned,
Whereas Article 4 of Protocol 8 to the Agreement             such allocation should be in proportion to the needs
between the European Economic Community and the              of the Member States, assessed by reference both to
Portuguese Republic (2), as amended by the Interim           the statistics of each State's imports from Portugal
Agreement between the European Economic Commu­               over a representative period and to the economic
nity and the Portuguese Republic (}), provides that          outlook for the quota period concerned ;
customs duties on imports into the Community of
certain wines originating in          Portugal, shall be
reduced :
– by 60' % in the case of the duties applicable to           Whereas available Community statistics give no infor­
       Madeira wines falling within subheadings ex 22.05     mation on the situation of Madeira wines on the
       C III a) 1 and ex 22.05 C IV a) 1 of the Common       markets ; whereas, however, Portuguese statistics for
       Customs Tariff, up to a total annual tariff quota of  exports of these products to the Community during
       1 500 hi, and
                                                             the past three years can be considered to reflect
– by 50 % in the case of the duties applicable to            approximately the situation of Community imports ;
                                                             whereas on this basis the corresponding imports by
       Madeira wines falling within subheadings ex 22.05     each of the Member States for the past three years
       C III b) 1 and ex 22.05 C IV b) 1 of the Common
       Customs Tariff up to a total annual tariff quota of   represent the following percentages of the imports
       14 500 hi ;
                                                             into the Community from Portugal of the products
                                                             concerned :
                                                                                                    1974      1975
                                                             Madeira wines
                                                             – in receptacles contain *
                                                                  ing two litres or le» :
                                                                 – Bcnclux                          15 8     28-7
 Whereas these wines will                                        – Dcnmark                          22 S     31 -S
 remain subject to the provisions governing the                  – Germany                      I    87       9-0
common organization of the market in wine ;                      – France                            34       2-5
                                                                 – Ireland                          0 8         -0
( ') OJ No
iJ\  /-\ .                                                       – Italy                            35 4      17 3
  . "J N° L 301 . 31 . 12. 1972, p. 165.                         – United Kingdom                   13-4  |   10-0
( ) OJ No L 266, 29. 9. 1976, p. 2.
 ---pagebreak---                                                                   - 2 -                                             ANNEX B
                          ι_                       :                  end of the quota period ; whereas this method of
                             1974          975             1976       administration calls for close cooperation between
                          I                                           Member States and the Commission, which must, in
– in receptacles contain-
                                                                      particular, be able to observe the extent to which the
    ing more than two                                                 quota amounts are used and inform Member States
    litres :                                                          thereof ;
    – Bénélux               14-8         1 3-6             12.4
    – Denmark               16-0         10 6              14.8
                                                                      Whereas if, at a specified date in the quota period, a
                              8-1                          17.5       considerable balance of one of the initial quota shares
    – Germany                            21 4
                                                                      remains in one or other Member State it is essential
    – France                40-8        467                43.4
    – Ireland             ! 01                               0.1      that that Member State pays a large amount of it back
    – Italy                                                           into the reserve, in order to avoid a part of one or
                                                           11.8       other of the Community quotas remaining unused in
    – United Kingdom      j 10-2          7-7
                                                                      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
Whereas, in view of these data and the estimates                      Luxembourg are united in and represented by the
submitted by certain Member States, initial quota                     Benelux Economic Union, all transactions concerning
shares may be fixed approximately at the following                    the administration of shares granted to the abovemen-
percentages :                                                         tioned economic union may be carried out by any of
                                                                      its members,
                                  Madeira wines in receptacles
                                            containing
                                  two litres           more than      HAS ADOPTED THIS REGULATION :
                                   or iess             two litres
Bénélux                             18 4                 14-0                                   Article 1
Denmark                             22-9                 16-5
Germany                             131                  191          I. For the period from 1 January to 31 December
France                               3-6                 40-8         19^g , Community tariff quotas shall be opened for
Ireland                               -i                 0-1
                                                                      products originating in Portugal, and within the limits
Italy                               25-8                 01
                                                                      listed below :
United Kingdom                      15 1             '    9-4
                                                                                 CCT                                     Quota
                                                                              heading No            Description         amount
whereas, in order to take into account import trends                  ex 22.05 C III a) 1        )  Madeira
                                                                                                                       1 500 hl
for the products concerned in the different Member                    ex 22.05 C IV a) 1         (  wines
States, each of the quota amounts should be divided
into two instalments, the first instalment being allo­                ex 22.05 C III b) 1        \ Madeira.
cated among the Member States and the second                          ex 22.05 C IV b) 1
                                                                                               j I wines         |    14 500 hl
forming a reserve intended ultimately to cover the
requirements of the Member States which have used
up their initial quota shares ; whereas, in order to                  2.    The Common Customs Tariff duties on wines
ensure a certain degree of security for importers in                  imported within these tariff quotas shall be suspended
each Member State, the first instalment of the                        at the rates listed below :
Community quotas should be determined at a level
which, under present circumstances, may be 90 % of
each of the quota amounts ;                                                     CCT heading No                  Rxe of duty
                                                                      ex 22.05 C III a) 1                       5-4 u^Vhl
Whereas the initial quota shares of the Member States                                                           5-8 u.aVhl
may be used up at different times ; whereas, in order                  ex 22.05 C IV a) 1
                                                                       ex 22.05 C III b) 1                      5-5 u-ayhl
to take this fact into account and avoid any break in                                                           6-0 ujVhl
continuity, any Member State having used up almost                     ex 22.05 C IV b) 1
the whole of any one of its initial quota shares should
draw an additional quota share from the corres­
ponding reserve ; whereas this must be done by each
Member State when each of its additional quota shares
is almost entirely used up, and repeated as many times
as the reserve allows ; whereas the initial and addi­
tional quota shares must be available for use until the
 ---pagebreak---                                                                                                                         ANNEX B
                           Article 2
                                                                          4. Notwithstanding paragraphs 1 , 2 and 3, the
                                                                          Member States may proceed to draw shares smaller
 1.   The tariff quotas laid down in Article 1 shall be                   than those fixed in those paragraphs if there is any
divided into two instalments.                                              reason to believe that those shares might not be used
                                                                          up. They shall inform the Commission of the reasons
2.    A first instalment of each quota shall be shared                    which led them to apply this paragraph.
among the Member States ; the shares which, subject
to Article 5, shall be valid until 31 December 19 / 8
shall consist of the following amounts :                                                           Article 4
                                                          (in htffrlitns)
                                                                           Each of the additional shares drawn pursuant to
                                Madeira vines under subheading*           Article 3 shall be valid until 31 December 1978 .
                          I a 22.05 C III a) I     ei 2205 C III b) I
                                    and                    and
                            es 22-05 C IV •) I     « 2205 C(Vb|l                                   Article S
Bénélux                            248                   1  820           The Member States shall return to the reserve, not
Denmark                            309                  2   150
                                   177                  2   480
                                                                           later than I October 19^8 , the unused portion of their
Germany                                                                    initial share which, on 15 September 19^3 , is in
France                              50                   S  300
Ireland                             15                      15
                                                                          excess of 20 % of the initial amount. They may return
Italy                              347                      15            a larger quantity if there are reasons to believe that
United Kingdom                     204          |I       1 220            such quantity might not be used.
                                               JI
                   Total         I 350                 13 000             The Member States shall , not later than I October
                                                                           1978 notify the Commission of the total imports of
                                                                          the products concerned effected up to 15 September
                                                                           1978 inclusive and charged against the Community
3. The second instalment of each quota, 1 50 hecto-                       quotas and, where appropriate, the proportion of their
litres and 1 500 hectolitres respectively, shall consti­                   initial shares that is being returned to each reserve.
tute the reserve.
                                                                                                   Artide 6
                           Article 3
                                                                          The Commission shall keep account of the shares
 1.    If 90 % or more of one of the initial shares of a                  opened by Member States in accordance with Articles
                                                                          2 and 3 and shall inform each of them of the extent
Member State, as laid down in Article 2 (2) or 90 % or
                                                                          to which the reserves have been used as soon as it
more of that share less the amount returned into the
                                                                           receives the notifications.
reserve, where the provisions of Article 5 have been
applied, has been exhausted, that Member State shall
proceed without delay, by notifying the Commission,                       The Commission shall, not later than 5 October 1978 ,
to draw a second share equal to 1 5 % of its initial                       notify Member States of the amount in each reserve
share, rounded up to the next unit where appropriate,                     after the return of shares pursuant to Article 5.
to the extent that the amount in the reserve allows.
                                                                          The Commission shall ensure that any drawing which
2.     If, after one or other of its initial shares has been              uses up any reserve is limited to the balance available
exhausted, 90 % or more of the second share drawn                         and for this purpose, shall specify the amount thereof
by a Member State has been used, that Member State                        to the Member State which makes the final drawing.
shall proceed in the manner specified in paragraph I
to draw a third share equal to 7-5 % of its initial
share, rounded up to the next unit where appropriate,                                              Article 7
to the extent that the amount in the reserve allows.
                                                                           1.    The Member States shall take all appropriate
3.     If, after one of its second shares has been                        measures to ensure that, when additional shares are
exhausted , 90 % or more of the third share drawn by                      drawn pursuant to Article 3, it is possible for charges
a Member State has been used, that Member State                           to be made, without interruption, against their accu­
shall proceed in the manner specified in paragraph 1 ,                    mulated shares of the Community tariff quotas.
to draw a fourth share equal to the third.
                                                                          L      The Member States shall ensure that importers
This process shall be applied until the reserve is                        of the said goods established in their territory have
exhausted.                                                                free access to the shares allocated to them .
 ---pagebreak---                                                 ~ 4 -                                                   ANNEX B
3.   The extent to which a Member State has used up                                Article 9
its shares shall be determined on the basis of the
                                                            The Member States and the Commission shall coop­
imports originating in Portugal as and when the goods
are entered for home use .                                  erate closely in order to ensure that the provisions of
                                                            this Regulation are observed.
                       Article 8
                                                                                  Article 10
At the Commission s request Member States shall            The Member States shall forward to the
inform it of imports of the products concerned             Commission , within the 45 days following
actually charged against their shares.                     the publication of this Regulation in
                                                           the Official Journal of the European
                                                           Communities , a copy or a photocopy of
                                                           the provisions they have made in order
                                                           to apply this Regulation .
                                                                                 A rticle 1 1
                                                          This Regulation shall enter into force on 1 January
                                                          1978 .
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels.
                                                                      For the Council
                                                                        The President
 ---pagebreak---                                                                                                        ANNEX C
                                             Proposal for a
                                   COUNCIL REGULATION ( F.EC)
                opening, allocating and providing for the administration of Community tariff
                quotas for Setubal muscatel wines, falling within heading No ex 22.0S of the
                            Common Customs Tariff, originating in Portugal ( 15»"8 )
THE COUNCIL OF THE EUROPEAN                               Whereas these wines will
COMMUNITIES,
                                                          remain subject to the provisions governing           the
                                                          common organization of the market in wine ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 43         Whereas it is in particular necessary to ensure for all
«nd 113 thereof,                                          Community importers equal and uninterrupted access
                                                          to the abovementioned quotas and uninterrupted
                                                          application of the rates laid down for these quotas to
                                                          ail imports of the products concerned into all Member
Having regard to the proposal from the Commission,        States until the quotas have been used up ; whereas,
                                                          having regard to the principles mentioned above, the
                                                          Community nature of the quotas can be respected by
                                                          allocating the Community tariff quota among the
 Having regard to the opinion of the European Parlia­     Member States ;
 ment ( ' ),
                                                          Whereas, in order to reflect most accurately the actual
 Whereas Article 4 of Protocol 8 to the Agreement          development of the market in the products concerned,
                                                           such allocation should be in proportion to the needs
 between the European Economic Community and the           of the Member States, assessed by reference both to
 Portuguese Republic (2), as amended by the Interim        the statistics of each State's imports from Portugal
 Agreement between the European Economic Commu­            over a representative period and to the economic
 nity and the Portuguese Republic (3), provides that       outlook for the quota period concerned ;
 customs duties on imports into the Community of
 certain wines originating in Portugal, shall be
 reduced :
                                                           Whereas available Community statistics give no infor­
                                                           mation on the situation of Setubal muscatel wines on
       by 60 % in the case of the duties applicable to     the markets ; whereas, however, Portuguese statistics
       Setubal muscatel wines falling within subheadings   for exports of these products to the Community
       ex 22.05 C 111 a) 1 and e* 22.05 C IV a) 1 of the   during the past three years can be considered to
       Common Customs Tariff, up to a total annual          reflect approximately the situation of Community
       tariff quota of I 000 hi, and                        imports ; whereas on this basis the corresponding
                                                            imports by each of the Member States for the past
       by 50 % in the case of the duties applicable to
                                                            three years represent the following percentages of the
       Setubal muscatel wines falling within subheadings
                                                            imports into the Community from Portugal of the
       ex 22.05 C III b) 1 and ex 22.05 C IV b) 1 of the    products concerned :
       Common Customs Tariff up to a total annual tariff
       quota of 2 000 hi ;                                                                        1*74      l»7t   1976
                                                            Setubal muscatel wines :
                                                            – in receptablcs contain*
                                                                ing two litres or less :
                                                                                                   30
                                                                – Bénélux                                            83
                                                                                                             20
                                                                – Dcnmark                      j             80
                                                                                                   <0
                                                                – Germany                      I
                                                                – France
                                                                – Ireland
  0    °J No . .                                                                                   20                17
  ll \ r\ I m                                                   – Italy
   > « w° .L î01 , 31 12 l97z - p I6S-                          – United Kingdom
  0 OJ No L 266, 29. 9. 1976, p. 2.
 ---pagebreak---                                                                        - 2 -                                                ANNEX C
                                                                     end of the quota period ; whereas this method of
                            ; 1974          1975            1976     administration calls for close cooperation between
                                                                     Member States and the Commission , which must, in
                                                                     particular, be able to observe the extent to which the
– in receptacles contain­
    ing more than two |                                              quota amounts are used and inform Member States
    litres :                                                         thereof ;
    – Bénélux             I   70
    – Denmark             »
                                                                     Whereas if, at a specified date in the quota period, a
    – Germany                                                        considerable balance of one of the initial quota shares
    – France                                                         remains in one or other Member State it is essential
    – Ireland                                                        that that Member State pays a large amount of it back
    – Italy                                                          into the reserve, in order to avoid a part of one or
    – United Kingdom          30                                     other of the Community quotas remaining unused in
                                                                     one Member State when it could be used in others :
                                                                     whereas, since the Kingdom of Belgium, the
Whereas, in view of these data and the estimates                     Kingdom of the Netherlands and the Grand Duchy of
submitted by certain Member States, initial quota                    Luxembourg are united in and represented by the
shares may be fixed approximately at the following                   Benelux Economic Union, all transactions concerning
percentages :                                                        the administration of shares granted to the abovemen-
                                                                     tioned economic union may be carried out by any of
                                          Setubal muscatel wines     its members,
                                         in receptacles containing
                                       two litres         more thin
                                        or leu            two litre*
                                                                     HAS ADOPTED THIS REGULATION :
Bénélux                                    20                 20
Denmark                                     5                  5
Germany                                    20                 20                              Article 1
France                                     20                 20
Ireland                                     5                  5     1.    For the period from 1 January to 31 December
Italy                                      10                  0
                                                                     1978, Community tariff quotas shall be opened for
United Kingdom                             20                 20
                                                                     products originating in Portugal, and within the limits
                                                                     listed below :
                                                                                CCT                                       Quota
Whereas, in order to take into account import trends                         headmg No             Description           amount
for the products concerned in the different Member
States, each of the quota amounts should be divided                  ex 22.05 C III a) 1       ) Setubal
                                                                                                                       1 000 hl
into two instalments, the first instalment being allo­               ex 22.05 C IV a) 1       \ muscatel wines
cated among the Member States and the second
                                                                     ex 22.05 C III b) 1      / Setubal                2 000 hl
forming a reserve intended ultimately to cover the                                            \ muscatel wines
                                                                     ex 22.05 C IV b) 1
requirements of the Member States which have used
up their initial quota shares ; whereas, in order to
ensure a certain degree of security for importers in                 2.    The Common Customs Tariff duties on wines
each     Member State, the         first instalment of the
Community quotas should be determined at a level                     imported within these tariff quotas shall be suspended
                                                                     at the rates listed below :
which, under present circumstances, may be 90 % of
each of the quota amounts ;
                                                                               CCT heading No                  Raie of duty
Whereas the initial quota shares of the Member States                ex  22.05 C  III a) l                     5-4 u.a./hl
may be used up at different times ; whereas, in order                 ex 22.05 C  IV  a) 1                     5-8 u-aVhl
to take this fact into account and avoid any break in                 ex 22.05 C  III b)  1                    5-5 u.a./ hl
continuity, any Member State having used up almost
the whole of any one of its initial quota shares should
                                                                      ex 22.05 C  IV  b)  I
                                                                                                      |        6 0 u.a./hl
draw an additional quota share from the corres­
ponding reserve ; whereas this must be done by each
Member State when each of its additional quota shares
 is almost entirely used up, and repeated as many times
as the reserve allows ; whereas the initial and addi­
 tional quota shares must be available for use until the
 ---pagebreak---                                                                   -       3 -                                        ANNEX C
                           Article 2                                          4. Notwithstanding paragraphs 1 , 2 and 3, the
                                                                              Member States may proceed to draw shares smaller
 1.   The tariff quotas laid down in Article I shall be                       than those fixed in those paragraphs if there is any
divided into two instalments.                                                 reason to believe that those shares might not be used
                                                                              up. They shall inform the Commission of the reasons
                                                                              which led them to apply this paragraph.
2. A first instalment of each quota shall be shared
among the Member States ; the shares which, subject
to Article 5, shall be valid until 31 December 197 8
                                                                                                      Artide 4
shall consist of the following amounts :
                                                        (tu htrlolit rrs)
                                                                              Each of the additional shares drawn pursuant to
                         I Setuhai muscatel wines under subheadmes            Article 3 shall be valid until 31 December 1975 .
                         I ex 22.05 C III a) 1 j ex 22.05 C III b) 1
                                    and        j         and
                            ex 22.05 C IV a) I   ex 22.05 C IV b) I                                   Artide 5
Bénélux                            180                  360                   The Member States shall return to the reserve, not
Denmark                              45                   90                  later than 1 October 197g, the unused portion of their
Germany                            180                  360                   initial share which, on 15 September 1 >,'8, is in
France                               80                 360
                                                                              excess of 20 % of the initial amount. They may return
Ire and                              45                   90
                                                                              a larger quantity if there are reasons to believe that
Italy                                90                  180
                                                                              such quantity might not be used.
United Kingdom                     180                  360
                         i
                  Total            900                I 800                   The Member States shall, not later than 1 October
                                                                              1978, notify the Commission of the total imports of
                                                                              the products concerned effected up to 15 September
                                                                              1978 inclusive and charged against the Community
3. The second instalment of each quota, 100 hectol-                           quotas and, where appropriate, the proportion of their
itres and 200 hectolitres respectively, shall constitute                      initial shares that is being returned to each reserve.
the reserve .
                                                                                                      Artide 6
                           Article 3
                                                                              The Commission shall keep account of the shares
1.    If 90 % or more of one of the initial shares of a                       opened by Member States in accordance with Articles
Member State, as laid down in Article 2 (2) or 90 % or                        2 and 3 and shall inform each of them of the extent
more of that share less the amount returned into the                          to which the reserves have been used as soon as it
reserve, where the provisions of Article 5 have been                          receives the notifications.
applied, has been exhausted, that Member State shall
proceed without delay, by notifying the Commission,                           The Commission shall , not later than 5 October 19^5 .
to draw a second share equal to 15% of its initial                            notify Member States of the amount in each reserve
share, rounded up to the next unit where appropriate,                         after the return of shares pursuant to Article 5.
to the extent that the amount in the reserve allows.
                                                                              The Commission shall ensure that any drawing which
2.    If, after one or other of its initial shares has been                   uses up any reserve is limited to the balance available
exhausted, 90 % or more of the second share drawn                             and for this purpose, shall specify the amount thereof
by a Member State has been used, that Member State                            to the Member State which makes the final drawing.
shall proceed in the manner specified in paragraph 1
to draw a third share equal to 7-5 % of its initial
share, rounded up to the next unit where appropriate,                                                 Article 7
to the extent that the amount in the reserve allows .
                                                                              1.     The Member States shall take all appropriate
3.    If, after one of its second shares has been                             measures to ensure iii.it, when additional shares are
exhausted, 90 % or more of the third share drawn by                           drawn pursuant to Article 3, it is possible for charges
a Member State has been used, that Member State                               to be made, without interruption, against their accu­
shall proceed in the manner specified in paragraph 1 ,                        mulated shares of the Community tariff quotas.
to draw a fourth share equal to the third .
                                                                              2.    The Member States shall ensure that importers
This process shall be applied unti I the reserve is                           of the said goods established in their territory have
exhausted .                                                                   free access to the shares allocated to them .
 ---pagebreak---                                                     -  L  -
                                                                                                         ANNEX C
 3.    The extent to which a Member State has used up                               Article 9
 its shares shall be determined on the basis of the
imports originating in Portugal as and when the goods       The Member States and the Commission shall coop­
are entered for home use.                                   erate closely in order to ensure that the provisions c<
                                                            this Regulation are observed.
                       Article 8
                                                                                  Article 10
At the Commission's request Member States shall
inform it of imports of the products concerned actu­        The Member States shall forward to the
ally charged against their shares.
                                                            Commission , within the 45 days followi
                                                            the publication of this Regulation in
                                                            the Official Journal of the European
                                                            Communities , a copy or a photocopy of
                                                            the provisions they have made in order
                                                            to apply this Regulation .
                                                                                 A rticle 1 1
                                                          This Regulation shall enter into force on 1 January
                                                          I97R .
           This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels.
                                                                      For the Council
                                                                       The President
 ---pagebreak--- FINANCIAL    STATEMENT
1 . Budget tine concerned : Ch . 12 Art . 120
2 . LeqaL basis : Art . A3 and 113 EEC    Treaty
3 . Title of the tariff measure :
    Proposals for Regulations ( EEC ) of the Council opening , allocating and
    providing for the administration of Community tariff quotas for port 1 wines ,
    Madeira wines and Setubal muscatel wines falling within subheading
    ex 22.05 of the CCT , originating in Portugal ( 1978 ).
4 . Objectives : fulfilment of contractual obligation - Agreement EEC / Portugal -
5 . Method of calculation :
    - No of CCT        : ex 22.05 C III and C IV (4 tariff subheadings )
    - Ouota volume     :  334,000 hl total
    - Quota duty rate : reduction of 50% and 60%
    ~ Duty rate CCT    : from 11 UA / hl to 14.4 UA / hl
6 . Loss of receipts :    1,800,000 UA