CELEX: 31975R3161
Language: en
Date: 1975-11-24 00:00:00
Title: Regulation (EEC) No 3161/75 of the Council of 24 November 1975 opening, allocating and providing for the administration of a Community tariff quota for Jerez wines, falling within heading No ex 22.05 of the Common Customs Tariff, originating in Spain (1976)

8 . 12. 75                               Official Journal of the European Communities                               No L 317/79
                                REGULATION (EEC) No 3161/75 OF THE COUNCIL
                                                       of 24 November 1975
                opening, allocating and providing for the administration of a Community tariff quota
                for Jerez wines, falling within heading No ex 22.05 of the Common Customs Tariff,
                                                     originating in Spain ( 1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              period of validity of these tariff quotas to such
                                                                      period as is not covered by the new Agreement ;
Having regard to the Treaty establishing the
European Economic Community, and in particular                        Whereas these wines remain subject to the provisions
 Articles 43 and 113 thereof;                                         governing the common organization of the market
                                                                      in vine products ; whereas inclusion in the Community
                                                                      tariff quota should be subject to production of
 Having regard to the proposal from the Commission ;                  movement certificate A.E.I            and  a certificate of
                                                                      designation of origin as provided for in Regulation
                                                                      (EEC) No 1120/75 (3 ) endorsed by the Spanish
 Having regard to the Opinion of the European                         customs authorities ;
 Parliament (*);
                                                                      Whereas it is in particular necessary to ensure to
 Whereas on the signing of the Agreement ( 2) between                 all Community importers equal and uninterrupted
 the European Economic Community and Spain at                         access to the abovementioned quotas and uninter­
 Luxembourg on 29 June 1970, the Community                            rupted application of the rates laid down for these
 undertook to grant preferential tariff arrangements                  quotas to all imports of the products concerned into
 for imports into the Community of certain wines,                     all Member States until the quotas have been used
 originating in Spain, in particular Jerez wines ;                    up ; whereas, having regard to the principles
 whereas :                                                            mentioned above, the Community nature of the
                                                                      quotas can be respected by allocating the Community
 — a 60% reduction in the Common Customs Tariff                       tariff quota among the Member States ; whereas, in
       duties applicable to Jerez wines, originating in               order to reflect more accurately the actual develop­
       Spain and imported in containers holding two                   ment of the market in the products concerned, such
       litres or less should be granted for 1976 up to                 allocation should be in proportion to the needs of
       a Community tariff quota of 40 000 hectolitres ;                the Member States, assessed by reference to both
       and                                                            the statistics of each State's imports of the said
                                                                       products from Spain over a representative period and
  — a 50% reduction in the Common Customs Tariff                       the economic outlook for the quota period concerned ;
       duties applicable to Jerez wines, originating in
       Spain and imported in containers holding more
       than two litres should be granted for 1976 up to                Whereas available Community statistics give no in­
       a Community tariff quota of 210 000 hectolitres ;               formation on the situation of Jerez wines on the
                                                                       markets ; whereas, however, Spanish statistics for
                                                                       exports of these products to the Community during
 Whereas the Community tariff quotas in question                       the past few years can be considered to reflect
  should be opened for the year 1976, and whereas,                     approximately the situation of Community imports ;
  however, because of the possibility of implementing                  whereas on this basis the corresponding imports by
  other preferential arrangements as a result of a new                 each of the Member States represent the following
  Agreement between the European Economic                              percentages of the imports into the Community from
  Community and Spain, it is necessary to confine the                  Spain of the products concerned :
   (!) OJ No C 239, 20. 10. 1975, p. 49.
   (2) OJ No L 182, 16. 8 . 1970, p. 2 .                                (3 ) OJ No L 111 , 30. 4. 1975 , p. 19 .
 ---pagebreak--- No L 317/ 80                            Official Journal of the European Communities                             8 . 12 . 75
                               1972          1973          1974    Whereas the initial quota shares of the Member
                                                                   States may be used up at different times ; whereas, in
                                                                   order to take this fact into account and avoid any
Jerez wines :                                                      break in continuity, it is important that any Member
— in containers holding                                            State having used up almost the whole of its initial "
    two litres or less :                                           quota share should draw an additional quota share
    — Germany                   14-8         14-6          19-3
                                                                   from the reserve ; whereas this must be done by each
                                                                   Member State as and when each of its additional
    — Benelux                  76-8         77-3          72-3
                                                                   quota shares is almost entirely used up, and repeated
    — France                     1-0          0-9            0-6
                                                                   as many times as the reserve allows ; whereas the
    — Italy                      7-4          7-2            7-8
                                                                   initial and additional quota shares must be available
— in containers holding                                            for use until the end of the quota period ; whereas
    more than two litres :                                         this method of administration calls for close cooper­
                                                                   ation between Member States and the Commission,
    — Germany                    5-5          9-2            8-7
    — Benelux                  94-3         90-6          91-1
                                                                   which must, in particular, be able to observe the
                                                                   extent to which the quota amounts are used and
    — France                     0-1          0-1            0-2
                                                                   inform Member States thereof;
    — Italy                      0-1          0-1            0-0
                                                                   Whereas if, at a specified date in the quota period,
Whereas, in view of these factors and of the estimates             a considerable balance remains      in  one  or    other
submitted by certain Member States, initial quota                  Member State, it is essential that that Member State
shares may be fixed approximately at the following                 pays a large amount of it back into the reserve, in
percentages :                                                      order to avoid a part of one or other of the
                                                                   Community quotas remaining unused in one Member
                                  Jerez wines in containers        State when it could be used in others ;
                                           holding :
                               two litres
                                 or less
                                                     more than
                                                     two litres
                                                                   Whereas, since the Kingdom of Belgium, the Kingdom
                                                                   of the Netherlands and the Grand Duchy of Luxem­
                                                                   bourg are united in and represented by the Benelux
Germany                           17-2                  7-8        Economic Union, any measure concerning the
                                                                   administration of the quota shares allocated to that
Benelux                           74-0                 92-0        economic union may be carried out by one of its
France                             0-9                  0-1        members,
Italy                              7-9                  0-1
                                                                   HAS ADOPTED THIS REGULATION :
Whereas, in order to take account import trends for
products in question in the Member States concerned,                                      Article 1
the quota amounts should be divided into two instal­
ments, the first instalment being allocated among the
same     Member        States,   the     second       instalment   1 . From 1 January 1976 until the date of entry into
constituting a reserve intended to cover the later                 force of a new Agreement between the European
requirements of Member States which have used up                   Economic Community and Spain, but not later than
their initial quota shares ; whereas in order to ensure            31 December 1976, the Common Customs Tariff
a certain degree of security to importers in each                  duties in respect of the following Jerez wines, origin­
Member State, the first instalment of the quotas                   ating in Spain, shall be partially suspended at the
should be fixed in this case at approximately 80 %                 levels or within the limits of the Community tariff
of each of the quota amounts ;                                     quotas indicated for each of them :
 ---pagebreak--- 8 . 12. 75                           Official Journal of the European Communities                                   No L 317/81
                                                                                   Rate                     Quota
                      CCT heading No                Description                                            volume
                                                                                 (u.a.'hl )
                                                                                                             (hi)
              ex 22.05 C III a) 1
              ex 22.05 C IV a) 1
                                                Wines from Jerez
                                                Wines from Jerez
                                                                                   5-4
                                                                                   5-8              J 40 000
              ex 22.05 C III b) 1
              ex 22.05 C IV b) 1
                                                Wines from Jerez
                                                Wines from Jerez
                                                                                   5-5
                                                                                   6-0              J 210 000
              2. The Protocol on the definition of the concept of 'originating products' and on
              methods of administrative cooperation, annexed to the Agreement between the Euro­
              pean Economic Community and Spain, shall be applicable.
              3 . The inclusion of these wines in the Community tariff quota referred to in para­
              graph 1 shall be conditional upon observance of the reference price applying to them
              and production of a movement certificate A.E.I and a certificate of designation of
              origin as provided for in Regulation (EEC) No 1120/75, endorsed by the Spanish
              authorities.
                                                          Article 2
               1 . The quotas laid down in Article 1 shall be divided into two instalments.
              2. A first instalment shall be shared among the Member States; the shares, which
              subject to Article 5 shall be valid until the end of the period specified in Article 1 , shall
              be as follows :
                                                                          Jerez wines under subheadings :
                                                              ex 22.05 C III a) 1               ex 22.05 C III b) 1
                                                                      and                                and
                                                              ex 22.05 C IV a) 1                ex 22.05 C IV b) 1
              Germany                                                5 500                             13 000
              Benelux                                              23 700                            154 560
              France                                                   300                                 170
              Italy                                                  2 500                                 170
                                        Total                      32 000                            168 000
3 . The second instalment of each quota, that is                    2. If, after one or other of its initial shares have been
8 000 hectolitres and 42 000 hectolitres respectively,              exhausted, 90% or more of the second share drawn
shall constitute the reserve.                                       by a Member State has been used, that Member
                                                                    State shall proceed, in the manner specified in para­
                                                                    graph 1 , to draw a third share equal to 7-5% of its
                                                                    initial share, rounded up to the next unit where
                         Article 3
                                                                    appropriate, to the extent that the reserve is sufficient.
1 . If 90% or more of the initial share of a Member                 3 . If, after one or other of its second shares have
State, as laid down in Article 2 (2), or 90% of that                been exhausted, 90% or more of the third share
share less the amount returned into the reserve,                    drawn by a Member State has been used, that
where the provisions of Article 5 have been applied,                Member State shall proceed, in the manner specified
has been exhausted, that Member State shall proceed                 in paragraph 1 , to draw a fourth share equal to the
                                                                    third.
without delay, by notifying the Commission, to draw
a second share equal to 15% of its initial share,
rounded up to the next unit where appropriate, to                   This process shall be applied until the reserve is
the extent that the reserve is sufficient.                          exhausted.
 ---pagebreak--- No L 317/82                         Official Journal of the European Communities                              8 . 12.75
4. Notwithstanding the provisions of paragraphs 1 ,            The Commission shall ensure that any drawing which
2 and 3 a Member State may proceed to draw shares              uses up any reserve is limited to the balance available
smaller than those fixed in those paragraphs if there          and for this purpose shall specify the amount thereof
is reason to believe that those shares might not be            to the Member State which makes the last drawing.
used up . They shall inform the Commission of the
reasons which led them to apply this paragraph.
                                                                                       Article 7
                          Article 4                            1 . The Member States shall takes all appropriate
                                                               measures to ensure that when additional shares are
Each of the additional shares drawn pursuant to                drawn pursuant to Article 3 it is possible for charges
Article 3 shall be valid until the end of the period           to be made without interruption against their
stipulated in Article 1 .                                      accumulated shares of the Community quotas .
                          Article 5                            2. The Member States shall ensure that importers of
                                                               the said goods established in their territory have free
                                                               access to the shares allocated to them.
The Member States shall return to the reserve, not
later than 1 October 1976, the unused portion of
their initial share which, on 15 September 1976, is            3 . The Member States shall charge imports of the
in excess of 20% of the initial amount. They may               said goods against their shares as and when the goods
                                                               are entered for home use .
return a larger portion if there are grounds for
believing that such portion may not be used in full .
                                                               4 . The extent to which a Member State has used
The Member States shall, not later than 1 October              up its share shall be determined on the basis of the
1976, notify the Commission of the total imports of            imports charged in accordance with paragraph 3 .
the products concerned effected up to and including
15 September 1976, and charged against the Com­                                        Article 8
munity quotas and, where appropriate, the propor­
tion of their initial shares that is being returned to         On receipt of a request from the Commission, the
each reserve.                                                  Member States shall inform it of imports actually
                                                               charged against their shares.
                          Article 6
                                                                                       Article 9
The Commission shall keep account of the shares
opened by Member States in accordance with Articles            The   Member     States   and the    Commission     shall
2 and 3 and shall inform each State of the extent to           cooperate closely in order to ensure that this Regu­
which the reserves have been used as soon as it                lation is observed .
receives the notifications .
                                                                                      Article 10
The Commission shall, not later than 5 October
1976, notify Member States of the amount in each               This Regulation shall enter into force on 1 January
reserve after the return of shares pursuant to Article 5 .     1976.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 24 November 1975 .
                                                                                        For the Council
                                                                                         The President
                                                                                         B. VISENTINI