CELEX: 51976PC0454
Language: en
Date: 1976-09-08
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 subheading ex 22.05 of the Common Customs Tariff, originating in Portugal (1977)#PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for Madeira wines, falling within subheading ex 22.05 of the Common Customs Tariff, originating in Portugal (1977)#PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for Setubal muscatel wines, falling within subheading ex 22.05 of the Common Customs Tariff, originating in Portugal (1977) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 454
Vol. 1976/0138
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 ---pagebreak---                             /
         COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                   COM(76)454 final
                                                                   Brussels , 8 September 1976
                                         . r PROPOSAL FOR A
                                  REGULATION (EEC ) OF THE COUNCIL
                  opening , allocating and providing for the administration
                           of Community tariff quotas for port wines ,
                  falling within subheading ex 22.05 of the Common Customs
                              Tariff , originating in Portugal ( 1977)
                            |                PROPOSAL FOR A
                                i REGULATION (EEC ) OF THE COUNCIL
                 .opening , allocating and providing for the administration
                  /                                              ,      ,
                        of a Community tariff quota for Madeira wines ,                   /
                  falling within subheading ex 22.05 of the Common Customs
                              Tariff , originating ^ in Portugal ( 1977 )
                                                  -      -
                                             PROPOSAL FOR A
                                  REGULATION (EEC ) OF THE COUNCIL
                                           V                          ...
                  opening , allocating and providing for the administration
                    of a Community tariff quota for Setubal muscatel wines,
                  falling within subheading ex 22.05 of the Common Customs
                              Tariff , originating in Portugal ( 1977 )
                                         /
                         ( submitted to the Council by the Commission)
                                                                                   I
COM(76) 454 final
    !
 ---pagebreak---                                    EXPLANATORY_MEMgRANDUM   .
              1.   Article 4 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 heading             Description of goods         Total               reduction
No                                                      volume
ex 22.05 C III a ) 1       Port wines                   35,000 hi             60%
ex 22.05 C IV a ) 1        - in containers holding
                             two litres or less
ex 22.05 C III b ) 1       Port wines                  280 000 hi              50%
ex 22.05 C   IV b ) 1      - in containers holding
                             more than two litres
ex 22.05 C III a ) 1       Madeira wines                 1 500 hi              60%
ex 22.05 C   IV a ) 1      - in containers holding
                             two litres or less
ex 22.05 C III b ) 1       Madeira wines                14 500 hi              50%
ex 22.05 C   IV b ) 1      - in containers holding
                             more than two litres
ex 22.05 C III a ) 1       Setubal muscatel wines        1 000 hi              60%
ex 22.05 C   IV a ) 1      - in containers holding
                             two litres or less
ex 22.05 C III b ) 1       Setubal muscatel wines        2 000 hi              50%
ex 22.05 C   IV b ) 1      - in containers holding
                             more than two litres
             These wines will of course remain subject to provision relating to
             the common organization of the market in wine .
         2 . In order to meet the Community 1 a obligations to Portugal in 1977
             have to be adopted providing for the opening, allooation and adniinistrar"
             tion of Community tariff quotas .
             That is the objeot of the annexed proposals .
                                                                          •■•/•••
 ---pagebreak---  3 « The Regulations provide , in the normal way, that eioh of the volumes
      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 is 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 recent statistics for Portuguese exports from 1973 to 1975 *
     The Portuguese statistics can in faot be oonsidered to -give a rough
     pioture of Community imports of the wines in question *
k. The Member States' experts who participated in the consultative meeting
     of the "Economic Tariff Problems" Group ( 26/ 27 April 1976 ) 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
                                         REGULATION (EEC) No ...                 OF THE COUNCIL
                                                             of ••••••••••••••
                           opening, allocating and providing for the administration of Community tariff
                           quotas for port wines, falling within heading No ex 22.05 of the Common
                                              Customs Tariff, originating in Portugal (1977 )
  THE COUNCIL OF THE EUROPEAN
   COMMUNITIES,
   Having regard to the Treaty establishing the European            application of the rates laid down for these quotas to
   Economic Community, and in particular Articles 43                all imports of the products concerned into all Member
  and 1 1 3 thereof ;                                               States until the quotas have been used up ;
                                                                    yi hereas, having regard to the principles mentioned
   Having regard to the proposal from the Commission ;              above, the Community nature of the quotas can be
                                                                    respected by allocating the Community tariff quota
   Having regard to the Opinion of the European Parlia­             among the Member States ; whereas, in order to reflect
   ment (');                                                        most accurately the actual development of the market
                                                                     in the products concerned, such allocation should be
   Whereas Article 4 of Protocol 8 to the Agreement ^)               in proportion to the needs of the Member States,
   between the European Economic Community and the                   assessed by reference both to the statistics of each
   Portuguese Republic, amended by Article 9                        State's imports from Portugal over a representative
  of the Interim Agreement between the                               period and to the economic outlook for the quota
                                                                     period concerned ;
   European Economic Community and the
   Portuguese Republic ( 3 ),
 _                          provides that customs duties on
   imports into the Community of certain wines, origi­               Whereas available Community statistics give no infor­
   nating in Portugal, shall be reduced :                            mation on the situation of port wines on the markets ;
                                                                     whereas, however, Portuguese statistics for exports of
   – by 60 % in the case of the duties applicable to                 these products to the Community during the past few
        port wines, falling within subheadings ex 22.05 C            years can be considered to reflect approximately the
         III a) 1 and ex 22.05 C IV a) 1 of the Common               situation of Community imports ; whereas on this
        Customs Tariff, up to an        annual tariff quota of       basis the corresponding imports by each of the
       3 3 000 hectolitres ; and                                     Member States represent the following percentages of
   – by 50 % in the case of the duties applicable to                 the imports into the Community from Portugal of the
         port wines, falling within subheadings ex 22.05 C           products concerned :
         III b) 1 and ex 22.05 C IV b) 1 of the Common
         Customs Tariff up to an        annual tariff quota of                                         i 1973  1974     1975
         280 000 hectolitres ;
                                                                     Port wines :                      j
    Whereas this reduction applies, in the case of the                                                 i
                                                                                                       !
    Community as originally constituted, to the Common               – in     receptacles   containing *
                                                                         two litres or less :
    Customs Tariff duties ; whepggs ^ the case
of the new Member States , this reduction                                – Bénélux
applies up to and including 30 June 1977                                                                 14-4  13-4     18.8
                                                                         – Denmark
                                                                                                          3-5   4-1      6.0
to such duties as these States apply at                                  – Germany                       13-7   7-2     15.3
any given moment to imports from third                                   – France
                                                                                                         271   27-9     29.0
countries and from 1 July 1977 to the                                    – Ireland                        0-4   0-6      0.4
Common Customs Tariff duties ;                                           – Italy                      | 26-4   29-9     16.1
   whereas these wines will remain subject to the provi­                 – United Kingdom             : 14-5   16-9     14 . 4
   sions governing the common organization of the
   market in wine ;
   Whereas it is in particular necessary to ensure to all
   Community importers equal and uninterrupted access
   to the abovementioned quotas and uninterrupted
   (') OJ No
   (J) OJ No L 301 , 31 . 12. 1972, p. 165.
 ( 3 ) 0J No L
 ---pagebreak---                                                                              - 2 -                                              ANNEX A
                                     1973        1974        1975  quota amounts are used and inform Member States
                                                                   thereof ;
– in      receptacles  containing                                  Whereas, if at a specified date in the quota period a
     more than two litres :                                        considerable balance remains in one or other Member
     – Bénélux                       13*4       140          13.4  State, it is essential that that Member State pays a large
     – Denmark                         8-1        4-5          5.5 amount of it back into the reserve, in order to avoid a
     – Germany                         9-1      110          10.4  part of one or other of the Community quotas
     – France                       40-9        410         39.4   remaining unused in one Member State when it could
     – Ireland                         1"'        15           1.2 be used in others ;
     – Italy                           0-0        00           0.0
     – United Kingdom                26-8       280         30.1   Whereas, since the Kingdom of Belgium, the
                                                                   Kingdom of the Netherlands and the Grand Duchy of
                                                                    Luxembourg are united in and represented by the
Whereas, in view of these data and the estimates                    Benelux Economic Union, all transactions concerning
submitted by certain Member States, initial quota                  the administration af shares granted to the abovemen-
shares may be fixed approximately at the following                 tioned economic union may be carried out by any of
percentages :                                                      its members,
                                        Port wines in
                                   receptacles containing           HAS ADOPTED THIS REGULATION :
                               Two {itres           More than
                                or less              two litres                               Article 1
Bénélux                          13-2                  14-6         1 . For the period 1 January to 31 December 1977,
Denmark                           2-7                   6-6        Community tariff quotas shall be opened for products
Germany                          14 9                   91         originating in Portugal, and within the limits listed
France                           29-7                  42-7        below :
Ireland                           0-3                   1-6
Italy                            270                    01
United Kingdom                   12-2             '    25-3
                                                                         CCT heading No           Description       Quota volume
Whereas, in order to take into account import trends
for the products concerned in the different Member
                                                                   ex
                                                                   ex
                                                                       22.05 C III a) 1
                                                                       22.05 C IV a) 1         | Port wines       35 000 hl
States, each of the quota amounts should be divided
into two instalments, the first instalment being allo­
                                                                   ex
                                                                   ex
                                                                       22.05 C III b) 1
                                                                       22.05 C IV b) 1         | Port wines     280 000 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                   2.   The Common Customs Tariff duties on wines
up their initial quota shares ; whereas, in order to                imported within these tariff quotas shall be suspended
ensure a certain degree of security to importers in                at the rates listed below :
each Member State, the first instalment of the
Community quotas should be determined at a level
which, under present circumstances, may be 90 % of                            CCT heading No        i         Rate of duty
each of the quota amounts ;
                                                                   ex 22.05 C III a) 1                        5-4 u.a./hl
Whereas the initial quota shares of the Member States              ex 22.05 C IV a) 1                         5-8 u.a./ hl
may be used up at different times ; whereas, in order              ex 22.05 C III b) 1                        5-5 u.a./ hl
to take this fact into account and avoid any break in              ex 22.05 C IV b) 1               I
continuity, any Member State having used up almost                                                            6-0 u.a./hl
the whole of any one of its initial quota shares should                                      and up to and including 30 June 1977
draw an additional quota share from the corres­                    3.    Within the limits of these tariff quotas/the new
ponding reserve ; whereas this must be done by each                Member States shall apply the duties calculated in
Member State when each of its additional quota shares               accordance with the relevant provisions set out in
is almost entirely used up, and repeated as many times              Protocol 8 annexed to the Agreement and in the Act
as the reserve allows ; whereas the initial and addi­              of Accession .
tional quota shares must be available for use until the
end of the quota period ; whereas this method of                                              Article 2
 administration calls for close cooperation between
 Member States and the Commission , which must, in                  1.   The tariff quotas laid down in Article 1 shall be
 particular, be able to observe the extent to which the            divided into, two instalments.
 ---pagebreak---                                                                              - 3 -                                               ANNEX A
     2. A . first instalment shall be shared among the                      4.      Notwithstanding paragraphs 1 , 2 and 3, the
     Member States ; the shares which, subject to Article 5,                Member States may proceed to draw shares smaller
     shall be valid until 31 December 197:>7shall consist of                than those fixed in those paragraphs if there is »ny
     the following amounts :                                                reason to believe that those shares might not be used
                                                                            up. They shall inform the Commission of the reasons
                                                            (m beciolitrts) which led them to apply this paragraph.
                                   Port wine* under subheadings
                            ex 22.05 C III •)!       ex 22.05 C III b) I
                                   and                      •nd
                                                                                                     Article 4
                            ex 22.05 CrV «)l         ex lUOS C IV b) 1
                                                                            Each of the additional shares drawn pursuant to
     Bénélux                   4 150                    36: 790             Article 3 shall be valid until 31 December 1977 ..
     Denmark                       860                   16 630
    Germany                    4 6Ç0                    22 930
     France                    9 350 .                 107 600                                       Article 5
     Ireland                       100                    4 040
    Italy                     8 500                            260
    United Kingdom            3 850                                         The Member States shall return to the reserve, not
                                                        63 750
                                                                             later than 1 October 1977, the unused portion of their
                    Total    31 500              j    252 000                initial share which, on 15 September 1977, is in
                                                                             excess of 20 % of the initial amount They may return
                                                                             a larger quantity if there are reasons to believe that
                                                                             such quantity might not be used.
    3.     The second instalment of each quota,3 50Qand
28 . 000 hectolitres respectively, shall constitute the                     The Member States shall , not later than 1 October
    reserve.
                                                                             1977. notify the Commission of the total imports of
                                                                             the products concerned effected up to 15 September
                                                                             197 7 inclusive and charged against the Community
                                                                             quotas and, where appropriate, the proportion of their
                              Article 3                                      initial shares that is being returned to each reserve.
    1.     If 90 % or more of one of the initial shares of a
                                                                                                      Article 6
    Member State, as laid down in Article 2 (2), or 90 %
    or more of that share less the amount returned into
    the reserve, where the provisions of Article 5 have                      The Commission shall keep account of the shares
    been applied, has been exhausted, that Member State                      opened by Member States in accordance with Articles
                                                                              2 and 3 and shall inform each of them of the extent
    shall proceed without delay, by notifying the Commis­
                                                                              to which the reserves have been used as soon as it
    sion, to draw a second share equal to 1 5 % of its                        receives the notifications.
    initial share, rounded up to the next unit where appro­
    priate, to the extent that the amount in the reserve
    allows.                                                                  The Commission shall, not later than 5 October 1977
                                                                              notify Member States of the amount in each reserve
                                                                              after the return of shares pursuant to Article 5.
    2.      If, after one or other of its initial shares have
    been exhausted, 90 % or more of the second share                          The Commission shall ensure that any drawing which
    drawn by a Member State has been used, that Member                        uses up any reserve is limited to the balance available,
    State shall proceed in the manner specified in para­                      and for this purpose shall specify the amount thereof
    graph 1 to draw a third share equal to 7-5 % of its                       to the Member State which makes the final drawing.
    initial share, rounded up to the next unit where appro­
     priate, to the extent that the amount in the reserve
    allows.
                                                                                                      Article 7
    3.      If, after one of its second shares has been                        1.   The Member States shall take all appropriate
     exhausted, 90 % or more of the third shar* drawn by                      measures to ensure that, when additional shares are
     a Member State has been used, that                               State   drawn pursuant to Article 3, it is possible for charges
     shall proceed in the manner specified in paragraph 1 ,                   to be made without interruption against their accumu­
     to draw a fourth share equal to the third.                               lated shares of the Community tariff quotas.
                                                                               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---                                                       -4     -                                           ANNEX A
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 of
                                                            this Regulation are observed.
                       Article 8
                                                                                   Article 10
At the request of the Commission, Member States
shall inform it of imports of the products concerned        This Regulation shall enter into force on 1 January
actually charged against their shares.                      1977 .
             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
                                            REGULATION (EEC)          EC) No
                                                                          No     ...      OF THE COUNCIL
                                                                   of . . . .
                           opening, allocating and providing for the administration of Community tariff quotas
                         for Madeira                 wines, falling within heading No ex 22.0 5 of the Common
                                          ;; ii ; Customs Tariff, originating in Portugal ( 197? )
                                                 » >
  THE COUNCIL OF THE EUROPEAN ) •                ;
  COMMUNITIES,                               '
  Having regard to the Treaty establishing the European                     application of the rates laid down for these quotas to
  Economic Community, and in particular Articles 43                         all imports of the products concerned into all Member
  and 113 thereof ;                ,,i         ,                            States until the quotas have been used up ;
                   ^-> f(t > 1 " '                   _   '   .              W hereas, having regard to the principles mentioned
  Having regard to the proposal from the Commission ;                       above, the Community nature of the quotas can be
                                                                ■<**n       respected by allocating the Community tariff quota ,
  Having regard to the Opinion of the European Parlia­                      among the Member States ; whereas, in order to reflect
  ment (');                     v                                           most accurately, the actual development of the market
                                                                            Hi the products concerned, such allocation should be
  Whereas Article 4 of Protocol 8 to the Agreement (2)                      in proportion to the needs of the Member States,
  between the European Economic Community and the                           assessed by reference both to the statistics of each "
  Portuguese Republic, amended by Art ic le 9 i                             State's imports from Portugal over a representative
  of the Interim Agreement between the                                      period and to the economic outlook for the quota
  European Economic Community and the                                       period concerned ;                  "
  Portuguese Republic ( 3 ),
                               provides that customs duties on
   imports into the Community of certain wines, origi- .                    Whereas available Community statistics give no infor­
   nating in Portugal, shall be reduced : .                                 mation on the situation o' f wines on the markets ;         / Madeira
                                                                            whereas, however, Portuguese statistics for exports of
   – by 60 % in the case of the duties applicable to                        these products to the Community during the past few
Made i rs wines, falling within subheadings ex 22.05 C                      years can . be considered to reflect approximately the
       III a) 1 and ex 22.05 C IV a) f of the Common                        situation of Community imports ; whereas on this
       Customs Tariff, up to an ' annual tariff quota of                    basis the corresponding imports by each of the
      1 500 hectolitres ; and                                               Member States represent the following percentages of
   – by 50 % in the fase of the duties applicable to                        the imports into the Community from Portugal of the1 ' ''
Madeira wines, falling within subheadings ex 22.05 C                         products concerned :
*      III b) 1 and ex 22.Q5. C IV b)jf of the Common
       Customs Tariff up to an : annual tariff quota of
    14 500      hectolitres :                                                                                     1973         1974         1975
                                                                            " Madeira winess :
                                                                                                                             ' '.1  it-
   Whereas this reduction applies, in the case of the                        • ;                 I.  v.
   Community as originally constituted, to the Common                       –r in "- receptacles     containing
                                                                                  two litres or less :
   Customs Tariff duties ; whe r eas in the case
of the new Member States , this reduction                                         – Bénélux                       13.3         15.8         28.7
applies up to and including 30 June 19 77                                         – Denmark                 " • < 16.8         22.5         31.5
to such duties as these States apply at                                           – Germany                       19.9 "         8.7         9.0
any given moment "to imports from third                                           – France                         4.5           3.4         2.5
countries and from 1 July 1977 to the                                             – Ireland                        1.5           0.8     1 ; 1.0
Common Customs Tariff duties ;                                                    – Italy                         23.8         35.4         17.3
  whereas these wines will remain subject to the provi­                           – United Kingdom                20.2         13.4         10.0
  sions governing the common organization of the
   market in wine ;
  Whereas it is in particular necessary to ensure to all
  Community importers equal and uninterrupted access
  to the abovementioned quotas and uninterrupted
  (') O I No
  (') OJ No L 301 , 31 . 12. 1972, p. 165.
( 3 ) 0J No I
 ---pagebreak---                                                                                - 2 -                                                 ANNEX B
                                                                      quota amounts are used and inform Member States
                                         1973         1974       1975 hereof ;
     in   receptacles containing                                      Whereas, if at a specified date in the quota period a
     more than two litres :                                           considerable balance remains in one or other Member
     – Bénélux                          13.7          14.8       14.0 State, it is essential that that Member State pays a large
     – Denmark                           18.4        16.0        14.9 amount* of it back into the reserve, in order to avoid a
     – Germany                          17.8         18.1        19.1 part of one or other of the Community quotas
     – France                           39.4         40.8        42.5 remaining unused in one Member State when it could
     – Ireland                            0.1          0.1        0.1 be used in others ;
     – Italy
     – United Kingdom                   10.6         10.2         9.4
                                                                      Whereas, since the Kingdom of Belgium, the
                                                                      Kingdom of the Netherlands and the Grand " Duchy of
                                                                      Luxembourg are united in and represented by the
Whereas, in view of these data and the estimates                      Benelux Economic Union, all transactions concerning
submitted by certain Member States, initial quota                     the administration af shares granted to the abovemen-
shares may be fixed approximately at the following                    tioned economic union may be carried out by any of '
percentages :                                                         its members,
                               Madeira                                HAS ADOPTED THIS REGULATION :
                             i       receptacles confining
                                Two litres           More than
                                  or less             two litres                                 Artide 1
Bénélux                          18.4        ■         14.0
                                                                       1 . For the period 1 January to 31 December 1977,
Denmark                          22.9                  14.9           Community tariff quotas shall be opened for products
Germany                          13.1                  19.1           originating in Portugal, and within the limits listed
 France                     I      3.6                                 below :
                                                       42.4
 Ireland                           1.1                                                                 ft
                                                         0.1
 Italy                          25.8                     0.1
 United Kingdom                  15.1            l_      9.4                 CCT heading No          Description        Quota volume
                                                                       ex 22.05 C III a) 1        ) Madeira
 Whereas, in order to take into account import trends                                             I       wines        1 500 hl
                                                                       ex 22.05 C IV a) 1
 for the products concerned in the different Member
 Sjates, each of the quota amounts should be divided                   ex 22.05 C III b) 1        ) Madeira
                                                                                                  /       wines      14 500 h"
 into two instalments, the first instalment being allo­                ex 22.05 C IV b) 1
 cated among the Member States and the second                                                                     i
 forming a reserve intended ultimately to cover the
 requirements of the Member States which have used                     2.    The Common Customs Tariff duties on wines
 up their initial quota shares ; whereas, in order to                  imported within these tariff quotas shall be suspended
 ensure a certain degree of security to importers in                   at the rates listed below :
 each Member Slate, the first instalment of the
 Community quotas should be determined at a level
 which, under present circumstances, may be 90 % of                              CCT heading No                  Raie otf duty
 each of the quota amounts ;
                                                                       ex 22.05 CIII a) I                        5*4  υ^ι./ ηι
 Whereai the initial quota shares of the Member States                 ex 22.05 C IV a) I                        5-8  U ..1./ I1I
 n^ay be used up at different times ; whereas, in order                ex 22.05 C III b) l                       5-5  ii.a./ lil
 to take this fact into account and avoid any break in                 ex 22.05 C IV b) I                        6-0  u.a./ hl
 continuity, any Member State having used up almost
  the whole of any one of its initial quota shares should                                       and up to and including 30 June
 draw an additional quota share from the corres­                      3*     Within the limits of these tariff quotas/the new
 ponding reserve ; whereas this must be done by each                   Member States shall apply the' duties c.ilailated in
 Member State when each of its additional quota shares                 accordance with the relevant provisions set out in
 is almost entirely used up, and repeated as many times                Protocol 8 annexed to the Agreement and in the Act
 as the reserve allows ; whereas the initial and addi­                 of Accession .
 tional quota shares must be available for use until the
 end of the quota period ; whereas this method of                                                Art iciv 2
 administration calls for close cooperation between
 Member States and the Commission, which must, in                       l.   The tariff quotas laid down in Article I shall be
 particular, be able to observe the extent to which the                divided into two instalments.
 ---pagebreak---                                                                               - 3 -                                                     ANNEX B
 2. A first instalment shall be shared among the                             4. Notwithstanding paragraphs 1 , 2 and 3, the
 Member States ; the shares which, subject to Article 5,                     Member States may proceed to draw shares smaller
 shall be valid until 31 December 197 ^shall consist of                      than those fixed in those paragraphs if there is any
 the following amounts :                                                     reason to believe that those shares might not be used
                                                                             up. They shall inform the Commission of the reasons
                                                            (in hectolitres) which led them to apply this paragraph.
                  Madeira wines               undcr «ubht«Hngt
                        I ex 22.05 C 111 ■) I        ex 22.05 C III b) 1
                                                                                                     Article 4
                                 and                        and
                          ex 22.05 C IV a) 1         ex 22.05 C ÏV b) 1
                                                                             Each of the additional shares drawn pursuant to
 Bénélux                          248                    1 820               Article 3 shall be valid until 31 December 1977
 Denmark                          309          Ί         1 940
 Germany                          177                    2 480
 France                             50                   5 510                                       Article 5
 Ireland                            15                          15
 Italy                            347                           15
 United Kingdom                   204                    1 220               The Member States shall return to the reserve, not
                                                                             later than 1 October 1977, the unused portion of their
                  Total      1 350                     13 000                initial share which , on 15 September 1977, is in
                                                                             excess of 20 % of the initial amount. They may return
                                                                             a larger quantity if there are reasons to believe that
                                                                             such quantity might not be used.
 3. The second instalment of each quota, 150 and
*1 500 hectolitres respectively, shall constitute the                        The Member States shall , not later than 1 October
 reserve .
                                                                              197^ notify the Commission of the total imports of
                                                                              the products concerned effected up to 15 September
                                                                              \ 97y inclusive and charged against the Community
                                                                              quotas and, where appropriate, the proportion of their
                           Article 3                                          initial shares that is being returned to each reserve.
  1.      If 90 % or more of one of the initial shares of a                                           Article 6
  Member State, as laid down in Article 2 (2), or 90 %
  or more of that share less the amount returned into
  the reserve, where the provisions of Article 5 have                         The Commission shall keep account of the shares
  been applied, has been exhausted, that Member State                         opened by Member States in accordance with Articles
                                                                              2 and 3 and shall inform each of them of the extent
  shall proceed without delay, by notifying the Commis­                       to which the reserves have been used as soon as it
  sion, to draw a second share equal to 1 5 % of its                          receives the notifications.
  irfitial share, rounded up to the next unit where appro­
  priate, to the extent that the amount in the reserve
  allows.                                                                     The Commission shall , not later than 5 October 197 ?
                                                                              notify Member States of the amount in each reserve
                                                                              after the return of shares pursuant to Article 5.
  2.      If, after one or other of its initial shares have
  been exhausted, 2J) % or more of the second share                           The Commission shall ensure that any drawing which
  drawn by a Member State has been used, that Member                           uses up any reserve is limited to the balance available,
  State shall proceed in the manner specified in para­                        and for this purpose shall specify the amount thereof
  graph 1 to draw a third share equal to 7-5 % of its                          to the Member State which makes the final drawing.
  initial share, rounded up to the next unit where appro­
   priate, to the extent that the amount in the reserve
  allows.
                                                                                                      Article 7
  3.       If, after one of its second shares has been                          1.   The Member States shall take all appropriate
  exhausted, 90 % or more of the third share drawn by                          measures to ensure that, when additional shares are
  a Member State has been used, that Member State                              drawn pursuant to Article 3, it is possible for charges
  shall proceed in the manner specified in paragraph 1 ,                       to be made without interruption against their accumu­
   to draw a fourth share equal to the third.                                  lated shares of jhe Community tariff quotas.
                                                                               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---                                                       - 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
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 of
                                                            this Regulation are observed.
                       Article 8
                                                                                   Article 10
At the request of the Commission, Member States
shall inform it of imports of the products concerned        This Regulation shall enter into force on 1 January
actually charged against their shares.                      1977 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels,
                                                                        For the Council
                                                                         The President
 ---pagebreak---                                                                                     : !■ M i t Pr©p08®i - ter *. i ;
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 ---pagebreak---                                                        '          •,      i           quota amounts are used and inform Member States
                                                 1973         1974          1975 thereof ;
      in   receptacles    confining                                                   Whereas, if at a specified date in the quota period a
      more than two litres : .                                                        considerable balance remains in one or other Member
      – Bénélux                                       25           70                 State, it is essential that that . Member State pays a large
      – Denmark                                                                        amount* of it back into the reserve, in order to avoid a
      – Germany                                                                        part of one or other of the Community quotas
      – France                                                                         remaining unused in one Member State when it could
      – Ireland                                                                        be used in others ;
      – Italy         «» - ■ .•
                                                      75           30                  Whereas, since the Kingdom of Belgium, the
      – United Kingdom
                                                                                       Kingdom of the Netherlands and the Grand'Duchy of
                                                                                       Luxembourg are united in and represented by the
 Whereas, in view of these data and the estimates                                      Benelux Fxonomic Union, all transactions concerning
 submitted by certain Member; States, initial quota                                    the administration af shares granted to the abovemen-
 shares may be fixed approximately at the following                                    tioned economic union may be carried out by any of ■
  percentages :      1   ;i     ■' >               --    ■-.i   ; a i -- ' -:          its members,
                                     SetubaL (nuscatèl                      wines
                                     if! . receptacle* containing                      HAS ADOPTED THIS REGULATION :
                                      : Two litrei            More tnan
                                         or less .            two litres                 . .                          Article 1
  Bénélux                                20                      20                     1 . For the period 1 January to 31 December 1977,
  Denmark                                  5                         5                 Community tariff quotas shall be opened for products
  Germany                                20                      ?0                    originating in Portugal, and within the limits listed
  France                                 ?0                      20                    below :
  Ireland                                  5                         5
  Italy                                   10                     10
  United Kingdom                          20                     20
                                                                                               CCT heading No               Description         Quota volume
                                                                                                                       j Setuba I
  Whereas, in order to take into account import trends                                  ex 22.05 C III a) 1            ( muscatel              1 000 hl
                                                                                        ex 22.05 C IV a) I             S wines
  for the products 'concerned in the different Member
  States, each of the quota amounts should be divided                                   ex 22.05 C III b) 1                                    2 000 hl
  into two instalments, the first instalment being allo­                                ex 22.05 C IV b) I               wines
  cated among the Member States and the second
  forming a reserve intended ultimately to cover the
  requirements of the Member States which have used                                     2.     The Common Customs Tariff duties on wines
  up their initial quota shares ; whereas, in order to                                  imported within these tariff quotas shall be suspended
  ensure a certain degree of security to importers in                                   at, the rates listed below ;
  each Member State, the first instalment of the
  Community quotas should be determined at a level
  which, under present circumstances, may be 90 % of                                               CCT headirtf No f       •;        r >* Raie of'duty
  each of the quota amounts ;                                                           Ljil                             '
                                                                                           Ai  -
                                                                                       .ex , 22.05 C Ilia) 1                              5-4  u Ji./ hl
  WhereaS the initial quota shares of the Member States                                 ex' 22.05 C IV a) 1      0: -^ ' -t             : 5-8  u.a./ lil
   may be used up at different times ; whereas, in order                                ex' iz2.05 C III b) 1                           - 5-5  u.a./ lil
   to take this fact into account and avoid any break jn                                ex 22.05 C IV b) 1                                6-0  u.a./ lil
   continuity, any Member State having used up almost
   the whole of any one of its initial quota shares Shbuld1                   •Λ Γ ) ( ipijl -                      ; and up to and including 30 June
   draw an additional quota share from the corres­                                    3 . Within the limits of these tariff quotas/ the new                      i ■ Dici
   ponding reserve ; whereas this must be done by each                                   Member States shall apply the duties calculated in                  > :
   Member State when each of its additional quota shares                                 accordance with the relevant provisions set out in
   is almost entirely used up, and repeated as many times                                 Protocol 8 annexed 1 to ihe Agreement and in the Act
   as the reserve allows ; whereas the initial and addi­                                 of Accession.                        h~.< ■ "■    r.
   tional quota shares must be available for use until the
   end of the quota period ; whereas this method of                                                                    Article 2
! administration calls for close cooperation between
   Member States and the Commission, which must, in                                       1.     The tariff quotas laid down in Article 1 shall be
   particular, be able to observe the extent to which the                                divided into two instalments.
 ---pagebreak---                                                                             - 3 -                                                   ANNEX C
2.      A first instalment shall be shared among the                       4. Notwithstanding paragraphs I , 2 and 3, the
Member States ; the shares which, subject to Article 5,                    Member States may proceed to draw shares smaller
shall be valid until 31 December 197 7shall consist of                     than those fixed in those paragraphs if there is any
the following amounts :                                                    reason to believe that those shares might not be used
                                                                           up. They shall inform the Commission of the reasons
                                                          (in hectolitres)
                                                                           which led them to apply this paragraph.
      Setubal muscatel wines under
      suoneacnng *? –■                          1
                          ex 22.05 C III a) 1   !  ex 22.05 C III b) 1
                                 « nd            I        and                                      Article 4
                          ex 22.05 CIV a) I        ex 22.05 C IV b) I
Bcnelux                Γ           180                        360
                                                                           Each of the additional shares drawn pursuant to
                                                                           Article 3 shall be valid until 31 December 1977 .
Denmark                               45      -                  90
Germany                            180                        360
France                             180                        360
Ireland                               45                         90                                Article !     .       -
Italy                              - 90                       180
United Kingdom                     180                        360          The Member States shall return to the reserve, not
                                                                           later than 1 October 1977, the unused portion of their
                Total              900                    1 800            initial share which , on 15 September 1977, is in
                                                                           excess of 20 % of the initial amount. They may return
                                                                           a larger quantity if there are reasons to believe that
                                                                           such quantity might not be used.
3.      The second instalment of each quota, 100 ^6
200         hectolitres respectively, shall constitute the                 The Member States shall , not later than 1 October
reserve .
                                                                            1977 notify the Commission of the total imports of
                                                                           the products concerned effected up to 15 September
                                                                            1977 inclusive and charged against the Community
                                                                           quotas and, where appropriate, the proportion of their
                           Article 3                                       initial shares that is being returned to each reserve.
1.      If 90 % or more of one of the initial shares of a
                                                                                                   Article 6
Member State, as laid down in Article 2 (2), or 90 %
or more of that share less the amount returned into
the reserve, where the provisions of Article 5 have                        The Commission shall keep account of the shares
been applied, has been exhausted, that Member State                        opened by Member States in accordance with Articles
shall proceed without delay, by notifying the Commis­                      2 and 3 and shall inform each of them of the extent
sion, to draw a second share equal to 15% of its                           to which the reserves have been used as soon as it
                                                                           receives the notifications.
irlitial share, rounded up to the next unit where appro­
priate, to the extent that the amount in the reserve
allows.                                                                    The Commission shall , not later than 5 October 197 7
                                                                           notify Member States of the amount in each reserve
                                                                           after the return of shares pursuant to Article 5.
2. If, after one or other of its initial shares have
been exhausted, 90 % or more of the second share                           The Commission shall ensure that any drawing which
drawn by a Member State has been used, that Member                         uses up any reserve is limited to the balance available,
State shall proceed in the manner specified in para­                       and for this purpose shall specify the amount thereof
graph 1 to draw a third share equal to 7-5 % of its                        to the Member State which makes the final drawing.
initial share, rounded upi to the next unit where appro­
priate, to the extent that the amount in the reserve
allows.
                                                                                                   Artide 7
3.      If, after one of its second shares has been                        1.    The Member States shall take all appropriate
exhausted, 90 % or more of the third share drawn by                        measures to ensure that, when additional shares arc
a Member State has been used, that Member State                            drawn pursuant to Article 3, it is possible for charges
shall proceed in the manner specified in paragraph 1 ,                     to be made without interruption against their accumu­
to draw a fourth share equal to the third.                                 lated shares of the Community tariff quotas.
                                                                           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---                                                       -   L -                                                ANNEX C
3.    The extent to which a Member State has used up                               Artide 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 of
                                                            this Regulation are observed.
                       Article 8
                                                                                   Article 10
At the request of the Commission, Member States
shall inform it of imports of the products concerned        This Regulation shall enter into force on I January
actually charged against their shares.                      1977 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels,
                                                                        For the Council
                                                                         The President