CELEX: 51979PC0412
Language: en
Date: 1979-07-19
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for wines from fresh grapes and grape must with fermentations arrested by the addition of alcohol falling within heading No 22.05 of the Common Customs Tariff, originating entirely in Greece (1980) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 412
Vol. 1979/0147
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(79)412 final.
                                                         Brussels , 19 July 1979
                                 Proposal for a
                            COUNCIL REGULATION ( EEC )
        opening , allocating and providing for the administration of
        a Community tariff quota for wines from fresh grapes and ^
        grape must with fermentations arrested by the addition of
        alcohol falling within heading No 22.05 of the Common Customs
        Tariff - originating entirely in Greece ( 1980)
                 ( submitted to the Council by the Commission )
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COM ( 79) 412 final
 ---pagebreak---                   EXPLANATORY MEMORANDUM
Pending a decision by the Association Council under Article 35-
36(1 ) of the EgC-Greece Association Agreement , the Council has
laid down the arrangements applicable as from 29 April 1977 to . .
imports of w,iTtes of fresh grapes and grape must with, fermenta- - •
tion arrested by the addition of alcohol > falling within CCT            . >.
heading N° - 22.05 and wholly obtained in Greece . The arrangements .
                                         . '               * v
provide for the opening for these products of a. Community tariff .
quota / at rates of duty .corresponding to' 15% of . those specified
in the Common Customs Tariff ..                              .     '
The annexed proposed Regulation has as its aim to renew for 192><9
the regime decided on for 19^8, and 1979 that is a                _     /
 Community tariff quota of 430 000 hi , *                      ""
divided into two tranches . This shall be the first , of 90 * of the
                                               y •    . ' «•
volume ,, being divided between the Member States on the basis of
the percentages used in 197 9, the second , of 10% of the volume ,
being the Community reserve .                ■ ^
The method of administration , proposed is the same as that - used in
the context of the 1979 quota . The'authorization given to the Member
States to divide on an indicative basis         three quota shares into two
parts , one for ( able wines and the other for wine to be used for :          {
toaking vermouth , has also been included in this proposal*'         4
 ---pagebreak---                                                         Proposal for a
                                  COUNCIL REGULATION (EEC)
               opening , allocating and providing for the administration of a Community tariff
               quota for wines from fresh grapes and grape must with fermentation arrested by
               the addition of alcohol , falling within heading No 22,05 of the Common
                               Customs Tariff and originating entirely in Greece ( 1980 )
THE COUNCIL OF THE EUROPEAN                                   Whereas, on the basis of the statistics at pusent avail­
COMMUNITIES,                                                  able, imports from Greece into the Membe States in
                                                               197 § 1977 and 1978 of the product concerned have
Having regard to the Treaty establishing the European         developed as follows and represent the following
Economic Community, and in particular Articles 43             percentages of total imports into the Community :
and 113 thereof,
                                                                       Member Stites                  1 976        1977 1978
Having regard to the proposal from the Commission,
                                                              Bénélux                                71-69        68-57 63.67
Having regard to the opinion of the European Parlia­          Denmark                                 0-17         0-01  U.U1
ment     ,                                                                                                              29.38
                                                              Germany                                19 90        25-23
                                                              France                                  4-06         5-23  5.43
Whereas, pending a Decision by the Association                Ireland                                 0            0-01  0.02
Council pursuant to Article 35 or 36 ( 1 ) of the EEC-        Italy                                   2-63         0-06  0.11
                                                                                                                         1.38
Greece Association Agreement, a Community tariff              United Kingdom                           1-55        0-89
quota of 430 000 hectolitres should be opened at a
reduced duty in 19 80 for wines from fresh grapes and
grape must with fermentation arrested by the addition
of alcohol, originating entirely in Greece, complying
with Regulation ( EEC) No337 / 79and in particular            Whereas, taking into account these figures and the
with Article 17 thereof ; whereas it is necessary in these    foreseeable development of the market in the product
circumstances to open the Community tariff quota as           concerned during 1980 the initial shares in the
from 1 January 1980;                                          volume of the quota may be fixed approximately at
                                                              the following percentages :
Whereas it is in particular necessary to guarantee all
importers of the Member States equal and uninter­
rupted access to the said quota and uninterrupted                     Bénélux                               62-91
application of the rate laid down for that quota to all               Denmark                                0-52
imports into such States of the products concerned                    Germany                               29-35
until the quota has been used up ; whereas having                     France                                 4-43
regard to the above principles the Community nature                   Ireland                                035
of the quota can be respected by allocating the                       Italy                                  035
Community tariff quota among the Member States ;                      United Kingdom                         2-09
whereas, to reflect most accurately the actual develop­
ment of the market in the products concerned, such
allocation should be in proportion to the needs of the
Member States, assessed by reference both to the statis­
tics relating to imports from Greece over a representa­      Whereas in order to take into account the import
tive period, and to the economic outlook for the quota        trends for the product concerned in the Member
period concerned ;                                           States, the quota volume should be divided into two
                                                              instalments, the first instalment being allocated
                                                             among the Member States and the second forming a
 ---pagebreak---                                                        - 2 -
 reserve intended ultimately to cover the requirements              thereof to the reserve, in order to avoid part of the
 of the Member States, should their initial share be               Community quota remaining unused in one Member
 used up ; whereas, in order to ensure a certain degree            State when it could be used in others ;
 of security to importers, the first instalment of the
 Community quota should be determined at a rela­                   Whereas, since the Kingdom of Belgium, the
 tively high level, which under present circumstances              Kingdom of the Netherlands and the Grand Duchy of
 could be 90 % of the quota volume ;                               Luxembourg are united within and jointly represented
                                                                   by the Benelux Economic Union, any measure
                                                                   concerning the administration of the quota shares allo­
Whereas the initial shares may be used up fairly                   cated to that economic union may be carried out by
quickly ; whereas, therefore, to avoid disruption of               any one of its members,
supplies any Member State which has almost used up
its initial share should draw a supplementary share
from the Community reserve ; whereas this must be
done by each Member State as each one of its supple­               HAS ADOPTED THIS REGULATION :
mentary shares is almost used up, and as many times
as the reserve allows ; whereas the initial and supple­
mentary shares must be valid until the end of the                                            Article 1
quota period ; whereas this form of administration
requires close collaboration between the Member                    1 . From 1 January to 31 December 19 8C^ a
States and the Commission, and the Commission                      Community tariff quota of 430 000 hectolitres shall be
must be in a position to follow the extent to which                opened in the Community for wine of fresh grapes
the tariff quota has been used up and to inform the                and grape must with fermentation arrested by the addi­
Member States thereof ;                                            tion of alcohol, falling within heading No 22.05 of the
                                                                   Common Customs Tariff and originating entirely in
                                                                   Greece.
Whereas if, at a specified date in the quota period, a ,
considerable quantity of the initial quota share                   2. Within this tariff quota, the Common Customs
remains in any Member State, it is essential that that             Tariff duty shall be reduced to the levels indicated in
Member State should return a certain proportion                    the table below :
                    CCT
                  hetding                           Dmeriptioft                               Rate of dut?
                     No
              22.05         Wine of fresh grapes ; grape must with fermentation
                            arrested by the addition of alcohol :
                            A. Sparkling wine                                           6 ECU per ht
                            B. Wine in bottles with 'mushroom stoppers held in
                                place by ties or fastenings, and wine otherwise put
                                up with an excess pressure of not less than one
                                bar but less than three bar, measured at a tem­                                • /
                                perature of 20 "C                                       © ECU pe*
                            C. Other :
                                 I. Of an actual alcoholic strength by volume not
                                    exceeding 13 % vol, in containers holding :
                                    •) Two litres or less                           1 1 • 2ECUper hl       Cl )
                                    b) More than two litres                        . 1*6ECUber hl          c i y
                                II. Of an actual alcoholic strength by volume
                                    exceeding 13 % vol but not exceeding 15 %
                                    vol, in containers holding :
                                    a) Two litres or less   ........... I. SECUper hl                       C 1J>
                                    b) More than two litres             , . .         -• OECUper hl        Ci )
 ---pagebreak---                       ccr
                     heading                                Description                             Rate of dutf
                       No
               22.05                 III. Of an actual alcoholic strength by volume
               fcont'd)                   exceeding 1 5 % vol but not exceeding 1 8 %
                                          vol, ill containers holding :
                                          a) Two litres or less :
                                             2. Other                                      3.1ECUP« hi           U)
                                          b) More than two litres :
                                             3. Other                                      2.5EC(Jperhl          ^^)
                                     IV. Of an actual alcoholic strength by volume
                                          exceeding 1 8 % vol but not exceeding 22 %
                                          vol, in containers holding :
                                          a) Two litres or less :
                                             2. Other                                       3.5ECUperhl          Cl )
                                          b) More than two litres :
                                             3 . Other     .....
                                                                                           3.5ECUperhl             j
                                     V. Of an actual alcoholic strength by volume
                                         exceeding 22 % vol, in containers holding :
                                          a) Two litres or less . .                      0 • 29ECUper hl, and per %
                                                                                             *°' + 1.8ECU>er hl      t -*)
                                          b) More than two litres                          , 29ECUper hl and pet %
                                                                                             vo1 l « 7
                ( 1 ) The exchange rate to be applied in converting into national currencies
                         the ECU in which the customs duty is expressed shall be the representative
                         rate applicable to wine , if such a rate is fixed for the purposes of the
                         common agricultural policy .
                             Article 2                                  that Member State shall without delay, by notifying
                                                                        the Commission, draw a second share equal to 15%
                                                                        of its initial share, rounded up to the next unit where
1.    The tariff quota referred to in Article 1 ( 1 ) shall             appropriate, to the extent that the amount in the
be divided into two instalments.                                        reserve allows.
2. A first instalment, amounting to 387 000 hectoli-
tres, shall be shared among the Member States ; the                     2.    If, after its initial share has been exhausted,
shares, which subject to Article 5 shall be valid until                 90 % or more of the second share drawn by that
31 December 1980 shall be as follows :                                  Member State has been exhausted, it shall, in the
                                                                        manner provided for in paragraph I , draw a third
                                                 (hectolitres)          share equal to 7-5 % of its initial share.
        Bénélux                                   243 450
        Denmark                                     2 000
        Germany                                   113 600               3.    If, after its second share has been exhausted,
        France                                     17  150              90 % or more of the third share drawn by that
        Ireland                                     1 350               Member State has been used up, it shall, in the
        Italy                                       1 350               manner provided for in paragraph 1 , draw a fourth
        United Kingdom                              8  100              share equal to the third.
3.     The second instalment of 43 000 hectolitres
 shall constitute the reserve.                                          This process shall be applied until the reserve is
                                                                        exhausted .
                             Article 3
                                                                        4. By way of derogation from paragraphs 1 , 2 and
                                                                        3, Member States may draw smaller shares than those
  1 . If 90% or more of any Member States initial                       fixed in those paragraphs if there is reason to believe
 share, as laid down in Article 2 (2), or 90 % or more                  that those shares might not be used up. They shall
 of that share less the amount returned to the reserve                  inform the Commission of their reasons for applying
 where Article 5 has been applied, has been exhausted,                  this paragraph .
 ---pagebreak---                           Article 5
                                                                                                e f
Mtrrber states sha'i return to the res-e~- e. ret . iter
than 1 October        9 2 -, ±e unused port.cn C: L-. ST     1.    M;-r:*e : Spates sha ^ uke a i : measures necessarv
        share            on 15 Serterro^r               : r.
excess    20 ' 3 or tr.e initial amount. T"™.ev mav rerum
                                                             to ensure   "..-. at surr'ir-er.'jrv shares drawn pursuant
                                                             to Ar_ic'e   3 are orered in such i wav that charge?
a ereater ?: r*..cr if there are grounds : cr o-e.ievir.g    msv be     made without interruption ifsinst their
that such poruon may not Se used in r-!i .                   combined    shares of the Community quota .
The Member States shall, not later than 1 October
!9 5 ^notify the Commission of the total imports of          2.    Member States shall ensure that importers of the
the products concerned effected under ar.d charged           said products established in their temtorv have free
against the Community quota up to ar.d including 15          access to the shares allocated to them or crawn from
September 155 land, where appropriate , of the propor­       the reserve .
tion of their initial shares that they are rerj–.i r e to
the reserve .                                                3.    The extent to which a Member State has used up
                                                             its share shall be determined on the basis of the
                         ArticU 6                            imports of the products in question submitted to the
                                                             customs authorities under the cover of declarations
The Member States shall be authorized to divide the          that thev have been made available for home use .
shares allocated to them or which they have drawn
from the reserve into rare parts, according to their fore­
seeable use. reserving one part for wine intended for                                    A iule 9
direct consumption and the other for wines intended
for processing.                                              At the request of the Commission. Member States
                                                             shall inform it of imports of the products in question
However, dunng the marketing year and according to           actuallv charged against their shares.
the actual needs which anse , they shall make the
necessary adjustments to the original allocations.
                                                                                         A^tcU 10
                         Article 7
The Commission shall keep account of the shares              The Member States and the Commission shall coop­
opened by Member States in accordance with Articles          erate closely in order to ensure that this Regulation is
2 and 3 ar.d shall inform each of them of the extent         complied with.
to which the reserve has been used as soon as it
receives the notification .
                                                                                         Artxclt II
The Commission shall, not later than 5 October 19 5 2 ,
notifv the Member States of the state of the reserve         This Regulation shall enter into force on 1 Unuiry
after the return of shares pursuant to Article 5.            15 5 J.
              This Regulation shall be binding in its entirety and directly applicable in ail Member
              States.
              Done at Luxembourg,
                                                                           For tb< Ccuncil
                                                                               Tb»e PrrjtJmt
 ---pagebreak--- FINANCIAL             STATEMENT
1 . Budget line concerned : Ch . 12 Art . 120
2 . Legal basis :    Articles 43 and 113 of the Treaty
3 . Title of the tariff measure :
     Proposal for a Council Regulation ( EEC ) opening , allocating and providing for the
     administration of a Community tariff quota for wines from fresh grapes and grape
     must with fermentation arrested by the addition of alcohol falling within heading
     No 22.05 of the Common Customs Tariff - originating entirely in Greece ( 1980 )
4 . Objectives :
     To assure , for Greek wines , a preferential treatment in the context of an interim
     regime between the national regimes provided for in Protocol 14 to the Agreement
     EEC-Greece and the regime to be defined in accordance with Article 35 or
     Article 36(1 ) of the Agreement
5 = Method of calculation s
    - No of CCT           : 22.05
    - Quota volume        : 430 000 hl
    - Quota duty rate     : 15 /i.of CCT duty rates
    - Duty rate CCT       : from 9 to 40    EUA / hl
6 . Loss of receipts :
                                                                                l
     On the basis of foreseeable use of the quota 15 EUA x 320 000 hi = 4 800 000 EUA .
     In relation to the preceding quota period ( 1979 ) a reduction of loss of requests
     of 6 600 000 EUA - 4 800 000 EUA = 1 800 000 EUA .