CELEX: 31977R1391
Language: en
Date: 1977-06-21 00:00:00
Title: Council Regulation (EEC) No 1391/77 of 21 June 1977 opening, allocating and providing for the administration of Community tariff quotas for certain wines having a registered designation of origin, falling within subheading ex 22.05 C of the Common Customs Tariff, originating in Algeria (1977/78)

29 . 6 . 77                               Official Journal of the European Communities                             No L 158 /7
                                        COUNCIL REGULATION (EEC) No 1391 /77
                                                           of 21 June 1977
                 opening, allocating and providing (or the administration of Community tariff
                 quotas for certain wines having a registered designation of origin , falling within
                 subheading ex 22.05 C of the Common Customs Tariff, originating in Algeria
                                                               ( 1977/78)
THE COUNCIL OF THE EUROPEAN                                            importation of products in the wine-growing sector
COMMUNITIES,                                                           originating in certain third countries (3), introduced
                                                                       the idea of a free-at-frontier reference price, being the
Having regard to the Treaty establishing the European                  reference prfce less customs duties actually levied ;
Economic Community, and in particular Articles 43
and 1 1 3 thereof,
                                                                       Whereas it is in particular necessary to ensure equal
Having regard to the proposal from the Commission ,                    and uninterrupted access for all Community importers
                                                                       to th'e abovementioned quotas, and uninterrupted
Having regard to the opinion of the European Parlia­                   application of the rates laid down for these quotas to
ment ('),                                                              all imports of the products concerned into the
                                                                       Member States until the quotas have been used up ;
                                                                       whereas, having regard to the above principles, the
Whereas the Cooperation Agreement between the                          Community nature of the quotas can be respected by
European Economic Community and the People's                           allocating the Community tariff quotas among the
Democratic Republic of Algeria, signed on 26 April                     Member States ; whereas, in order to reflect most accu­
1976, stipulates in Article 20 that certain wines having               rately the actual development of the market in the
a registered designation of origin , falling within                    products in question , such allocation should be in
subheading ex 22.05 C of the Common Customs                            proportion to the requirements of the Member States,
Tariff and originating in Algeria shall be imported                    Assessed by reference both to the statistics relating to
into the Community free of customs duties within the                   imports of the said products from Algeria over a repre­
limits of an annual Community tariff quota ; whereas                   sentative reference period and to the economic
the quota volume for the period in question is                         outlook for the quota period concerned ;
310 000 hectolitres consisting of 180 000 hectolitres
of wine in bulk, and 130 000 hectolitres of wine in
bottles ; whereas wine in bulk must be put up in accor­
dance with certain conditions ; whereas wine in
                                                                       Whereas in this case, however, neither Community
bottles must be in containers holding a maximum of                     nor national statistics showing the breakdown for each
two litres ; whereas the import prices for the wines                   of the types of wines in question are available and no
must at any given moment be not less than the                          reliable estimates of future imports can be made ;
Community reference prices for them ; whereas these                    whereas in these circumstances the quota volumes
wines, must be accompanied by a certificate of designa­                should be allocated in initial shares, taking into
tion of origin in accordance with the model given in                   account demand for these wines on the markets of the
Annex D to the Agreement in question ;                                 various Member States ;
Whereas pending the entry into force of the Coopera­
tion Agreement, the Interim Agreement between the
European Economic Community and the People's                           Whereas, to take into account import trends for the
Democratic Republic of Algeria (2) hereinafter called                  products concerned in the various Member States,
the ' Interim Agreement' provides in Article 13 for the                each of the quota amounts should be divided into two
advance application of this tariff measure, with effect                instalments, the first being allocated among the
from 1 July 1977 ; whereas the Community tariff                        Member States and the second held as a reserve
quotas in question should therefore be opened for the                  intended to cover at a later date the requirements of
period 1 July 1977 to 30 June 1978 ;                                   Member States who have used up their initial share ;
                                                                       whereas, in order to guarantee some degree of security
Whereas Council Regulation ( EEC) No 2506/ 75 of 29                    to importers in each Member State, the first instal­
September 1975 laying down special rules for the.                      ment of the Community quotas should be fixed at a
                                                                       level which could , in the present circumstances, be
(') Opinion delivered on 17 June 1977 ( not yet published in           50 % of each of the quota volumes ;
     the Official Journal ).
(: ) OJ No L 141 , 28 . 5 . 197 6i p . 2 .                             (') O | No L 2S6 , 2 . 10 . 1975 , p. 2 .
 ---pagebreak---   No L 158 /8                        Official Journal of the European Communities                                   29 . 6 . 77
 Whereas the initial shares of the Member States may                   reserve, to prevent a part of one or other of the
 not be used up at the same rate ; whereas in order to                 Community quotas remaining unused in one Member
 take this into account and avoid disruption, any                      State when it could be used in others ;
 Member State which has used up almost all of one of
 its initial shares should draw a supplementary share                  Whereas, since the Kingdom of Belgium , the
 from the relevant reserve ; whereas this should be                    Kingdom of the Netherlands and the Grand Duchy of
 done by each Member State each time one of its                        Luxembourg are united in and jointly represented by
 supplementary shares is almost used up, and so on as                  the Benelux Economic Union , any measure
 many times as the reserve allows ; whereas the initial                concerning the administration of the shares allocated
 and supplementary shares should be valid until the                    to that economic union may be carried out by any
 end of the quota period ; whereas this form of adminis­               one of its members,
 tration requires close collaboration between the
 Member States and the Commission , and the Commis­
                                                                       HAS ADOPTED THIS REGULATION :
 sion must be in a position to follow the extent to
 which the quota volumes have been used up and
 inform the Member States thereof ;                                                           Article 1
 Whereas, if at a given date in the quota period a                     1.     For the period 1 July 1977 to 30 June 1978
 Member State has a considerable quantity of one of its                Community tariff quotas shall be opened for the
 initial shares left over, it is essential that it should              following products originating in Algeria, within the
 return a significant proportion thereof to the relevant               limits set out below :
                     CCT                                                                                 Quota
                                                            Description                            ,     volume
                  heading No
               22.05          Wine of fresh grapes ; grape must with fermentation arrested by the
                              addition of alcohol :
                              C. Other :
                                 — Wines entitled to one of the following designations of
                                     origin :
                                     Ain Bessem-Bouira , Médéa, coteaux du Zaccar, Dahra,
                                     coteaux de Mascara, monts du Tessalah , coteaux de Tlemcen ,
                                     of an actual alcoholic strength not exceeding 15° :
                                     — In containers holding two litres or less                         130 000
                                                                                                      hectolitres
                                     — In containers holding more than two litres                       180 000
                                                                                                      hectolitres
2.     Within these tariff quotas the Common Customs                  (b) the containers must be completely filled ;
Tariff duties applicable to these wines shall be totally
suspended .
                                                                      (c) the means of closing the containers must be such
                                                                           that they cannot be tampered with and must
3 . The wines in question shall benefit from these                         ensure that they cannot be the subject of opera­
tariff quotas on condition that the prices on import                       tions during transportation or storage other than
into the Community are not at any time less than the                       those carried out under the supervision of the
free-at-frontier reference prices referred to in Regula­                   authorities of Algeria or of the Member States ;
tion ( EEC) No 2506/ 75 and subsequent texts which
apply to such prices .
                                                                      (d) each container must be labelled in such a way as
                                                                           to permit identification of the quality wine it
4.     Wine in containers holding more than two litres                     contains ;
must be put up in accordance with the following
requirements :
                                                                      (e) the wine in question may be transported only in
(a) the containers must be suitable for transporting                       containers of a capacity not exceeding 25 hectoli­
     wine and be used solely for that purpose ;                            tres .
 ---pagebreak--- 29 . 6. 77                             Official Journal of the European Communities                                  No L 158 /9
5. Each of these wines, when imported, shall be                           by a Member State has been used up, that Member
accompanied by a certificate of designation of origin,                    State shall in accordance with paragraph 1 , draw a
issued by the relevant Algerian authority, in accor­                      fourth share equal to the third .
dance with the model annexed to this Regulation .
                                                                          This process shall continue to apply until the reserves
                                                                          are used up.
                          Article 2
                                                                          4. Notwithstanding paragraphs 1 , 2 and 3, Member
1.    The tariff quotas laid down in Article 1 shall be                   States may draw smaller shares than those fixed in
divided into two instalments .                                            these paragraphs if there is reason to believe that
                                                                          those fixed might not be used up. They shall inform
2. A first instalment of each quota shall be allo­                        the Commission of their reasons for applying this
cated among the Member States ; the shares, which                         paragraph .
subject to Article 5 shall be valid up to 30 June 1978,
shall be as follows :
                                                                                                 Article 4
                                                         (in hectolitres)
                              Wines having a registered designation
                                                                          Each additional share drawn pursuant to Article 3
                                of origin , in containers holding :       shall be valid until 30 June 1978 .
          Member States
                                 two litres             more than
                                   or less              two litres
                                                                                                 Article 5
Benelux                           10 800                 14 200
                                                                          Member States shall return to the reserve, not later
Denmark                             6 500                 9 400
                                                                          than 1 April 1978, the unused portion of their initial
Germany                           13 000                 19 000           share which, on 15 March 1978 , is in excess of 20 %
France                            13 000                 19 000           of the initial amount. They may return a greater
Ireland                            4 400                  4 800           portion if there are grounds for believing that such
Italy                               6 500                 9 400           portion might not be used in full .
United Kingdom                    10 800                 14 200
                                                                          Member States shall notify the Commission, not later
Total                             65 000                 90 000
                                                                          than 1 April 1978, of the total imports of the products
                                                                          concerned effected under the Community quotas up
                                                                          to and including 15 March 1978 and, where appro­
3.    The second instalment of each quota, amounting                      priate, the proportion of each of their initial shares
to 65 000 and 90 000 hectolitres respectively, shall                      that they are returning to each of the reserves.
constitute the reserve.
                                                                                                 Article 6
                          Article 3
                                                                          The Commission shall keep account of the shares
                                                                          opened by Member States pursuant to Articles 2 and 3
1.     If 90% or more of one of a Member States                           and shall inform each State of the extent to which the
initial shares, as specified in Article 2 (2), or of that                 reserve has been used up as soon as it has been noti­
share less the portion returned to the relevant reserve                   fied .
where Article 5 has been applied, has been used up,
that Member State shall, without delay, by notifying                      The Commission shall notify the Member States, not
the Commission, draw a second share equal to 1 5 %                        later than 5 April 1978 , of the state of each reserve
of its initial share, rounded up where necessary to the                   after the return of shares pursuant to Article 5.
next whole number, in so far as the amount in the
reserve allows.
                                                                          The Commission shall ensure that the drawing which
                                                                          uses up a reserve is limited to the balance available,
2.     If, after one or other of its initial shares has been              and to this end, shall specify the amount thereof to
used up, 90 % or more of the second share drawn by                        the Member State making the final drawing.
a Member State has been used up, that Member State
shall, in accordance with the conditions laid down in
paragraph 1 , draw a third share equal to 7-5 % of its                                           Article 7
initial share, rounded up where necessary to the next
whole number, in so far as the amount in the reserve                       1 . Member States shall take all measures necessary
allows.                                                                   to ensure that additional shares drawn pursuant to
                                                                          Article 3 are opened in such a way that imports may
3.     If, after one or other of its second shares has                    be charged without interruption against their aggre­
been used up, 90 % or more of the third share drawn                       gate shares in the Community quotas.
 ---pagebreak--- No L 158 / 10                     Official Journal of the European Communities                             29 . 6. 77
2. Member States shall ensure that importers of the                                   Article 9
products concerned established in their territory have
free access to the shares allocated to them .
3 . Member States shall charge imports of the said            The Member States and the Commission shall colla­
goods against their shares as and when the goods are          borate closely in order to ensure that this Regulation
entered for home use .                                        is observed .
4.    The extent to which a Member State has used up
its shares shall be determined on the basis of the
imports charged in accordance with paragraph 3.
                       Article 8                                                     Article 10
At the request of the Commission, Member States
shall inform it of imports actually charged against
their shares .                                                This Regulation shall enter into force on 1 July 1977.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Luxembourg, 21 June 1977.
                                                                         For the Council
                                                                            The President
                                                                             D. OWEN
 ---pagebreak---                              BILAG — ANHANG — ANNEX — ANNEXE — ALLEGATO — BIJLAGE
  1.                  Eksportør - Ausführer - Exporter - Exporta­          2.              Nummer - Nummer -
       teur - Esportatore - Exporteur:                                         Number - Numéro - Numero -                        00000
                                                                               Nummer
                                                                           3. ( Name of authority guaranteeing the designation
                                                                               of origin )
  4.                      Modtager - Empfänger - Consignee -
       Destinataire - Destinatario - Geadresseerde :
                                                                           5.
                                                                               CERTIFIKAT FOR OPRINDELSESBETEGNELSE
                                                                               BESCHEINIGUNG DER URSPRUNGSBEZEICHNUNG
                                                                               CERTIFICATE OF DESIGNATION OF ORIGIN
                                                                               CERTIFICAT D'APPELLATION D'ORIGINE
                                                                               CERTIFICATO DI DENOMINAZIONE DI ORIGINE
 6.                       Transportmiddel - Beförderungsmittel                 CERTIFICAAT VAN BENAMING VAN OORSPRONG
       - Means ot transport - Moyen de transport - Mezzo αι
       trasporto - Vervoermiddel :
                                                                           7 . ( Designation of origin )
 8.                        Losningssted - Entladungsort - Place
      of unloading - Lieu de déchargement - Luogo di sbarco -
       Plaats van lossing :
 9 .'                                                                                                    10.                       11 .
      Mærker og numre, kollienes antal og art                                                                 Bruttovægt                 Liter
      Zeichen und Nummern, Anzahl und Art der Packstücke                                                      Rohgewicht                 Liter
      Marks and numbers, number and kind of packages                                                          Gross weight               Litres
      Marques et numéros, nombre et nature des colis                                                          Poids brut                 Litres
      Marca e numero, quantità e natura dei colli                                                             Peso lordo                 Litri
      Merken en nummers, aantal en soort der colli                                                            Brutogewicht               Liter
12 .                            - Liter (i bogstaver) - Liter ( in Buchstaben) - Litres ( in words) - Litres ( en lettres) - Litri ( in lettere) -
      Liter (voluit):
13 .                                      Påtegning fra udstedende organ - Bescheinigung der erteilenden Stelle - Certificate of the
      issuing authority - visa de rorganisme émetteur - visto dell organismo emittente - Visum van de instantie van afgifte:
14 .                          Toldstedets attest - Sichtvermerk der
     ¿oiisieiie - ousioms siamp - visa ae ia aouane - VISTO aeiia
     dogana - Visum van de douane                                                                            (Oversættelse se nr. 15 - Über­
                                                                          setzung siehe Nr. 15 - see the translation under No 15 -
                                                                          Voir traduction au n0 15 - Vedi traduzione al n . 15 - Zie voor
                                                                          vertaling nr. 15 )
 ---pagebreak---       15 . Det bekræftes, at vinen, der er nævnt i dette certifikat, er fremstillet i           området og ifølge algerisk lovgivning er
            berettiget til oprindelsesbetegnelsen :))                      «.
           Alkohol tilsat denne vin er alkohol fremstillet at vin .
           Wir bestätigen, daß der in dieser Bescheinigung bezeichnete Wein im Bezirk                  gewonnen wurde und ihm nach        *
           algerischem Gesetz die Ursprungsbezeichnung                        " zuerkannt wird.
           Der diesem Wein zugefügte Alkohol ist aus Wein gewonnener Alkohol .
           We hereby certify that the wipe described in this certificate is wine produced within the wine district of              and is
           considered by Algerian legislation as entitled to the designation of origin '              '.
           The alcohol added to this wine is alcohol of vinous origin.
           Nous certifions que le vin décrit dans ce certificat a été produit dans la zone de             et est reconnu, suivant la loi
           algérienne, comme ayant droit à la dénomination d'origine «                    ».
           L'alcool ajouté à ce vin est de l'alcool d'origine vinique.
           Si certifica che il vino descritto nel presente certificato è un vino prodotto nella zona di       ed è riconosciuto, secondo
           la legge algerina, come avente diritto alla denominazione di origine «                 ».
           L'alcole aggiunto a questo vino è alcole di origine vinica .
           Wij verklaren dat de in dit certificaat omschreven wijn is vervaardigd in het wijndistrict van                en dat volgens
           de Algerijnse wetgeving de benaming van oorsprong                        " erkend wordt.
           De aan deze wijn toegevoegde alcohol is alcohol, uit wijn gewonnen.
     16 . C )
(■} Rubrik forbeholdt eksportlandets andre angivelser .
0) Diese Nummer ist weiteren Angaben des Ausfuhrlandes vorbehalten .
P ) Space reserved for additional details given in the exporting country .
(') Case réservée pour d'autres indications du pays exportateur.
( 1) Spazio riservato per altre indicazioni del paese esportatore .
{') Ruimte bestemd voor andere gegevens van het land van uitvoer.