CELEX: 31975R2956
Language: en
Date: 1975-11-05 00:00:00
Title: Regulation (EEC) No 2956/75 of the Council of 5 November 1975 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 (1976)

13 . 11 . 75                         Official Journal of the European Communities                         No L 294/ 1
                                                             I
                                          (Acts whose publication is obligatory)
                             REGULATION (EEC) No 2956/75 OF THE COUNCIL
                                                  of 5 November 1975
              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 ( 1976)
THE COUNCIL OF THE EUROPEAN                                     application of the rates laid down for these quotas to
COMMUNITIES,                                                    all imports of the products concerned into all Member
                                                                States until the quotas have been used up ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 43
and 113 thereof ;
                                                                Whereas, having regard to the principles mentioned
                                                                above, the Community nature of the quotas can be
Having regard to the proposal from the Commission ;
                                                                respected by allocating the Community tariff quota
                                                                among the Member States ; whereas, in order to reflect
Having regard to the Opinion of the European Parlia­
                                                                most accurately the actual development of the market
ment (*) ;
                                                                in the products concerned, such allocation should be
                                                                in proportion to the needs of the Member States,
Whereas Article 4 of Protocol 8 to the Agreement (2)            assessed by reference both to the statistics of each
between the European Economic Community and the                 State's imports from Portugal over a representative
Portuguese Republic, provides that customs duties on
                                                                period and to the economic outlook for the quota
imports into the Community of certain wines, origi­             period concerned ;
nating in Portugal, shall be reduced :
— by 60 % in the case of the duties applicable to
     port wines, falling within subheadings ex 22.05 C          Whereas available Community statistics give no infor­
     III a) 1 and ex 22.05 C IV a) 1 of the Common              mation on the situation of port wines on the markets ;
     Customs Tariff, up to a total annual tariff quota of       whereas, however, Portuguese statistics for exports of
     20 000 hectolitres ; and
                                                                these products to the Community during the past few
— by 50 % in the case of the duties applicable to               years can be considered to reflect approximately the
     port wines, falling within subheadings ex 22.05 C          situation of Community imports ; whereas on this
     III b) 1 and ex 22.05 C IV b) 1 of the Common              basis the corresponding imports by each of the
     Customs Tariff up to a total annual tariff quota of        Member States represent the following percentages of
     285 000 hectolitres ;                                      the imports into the Community from Portugal of the
                                                                products concerned :
Whereas this reduction applies, in the case of the
Community as originally constituted, to the Common                                                  1972  1973    1974
Customs Tariff duties and in the case of the new
                                                                Port wines :
Member States, to such duties as these States apply at
any given moment to imports from third countries ;
whereas these wines will remain subject to the provi­           — in     receptacles     containing
                                                                     two litres or less :
sions governing the common organization of the
market in wine ;
                                                                    — Benelux                       11-7  14-4    13-4
Whereas it is in particular necessary to ensure to all              — Denmark                        2-1   3-5     4.1
Community importers equal and uninterrupted access                  — Germany                       15-7  13-7     7-2
to the abovementioned quotas and uninterrupted                      — France                        30-9  27-1   27-9
                                                                    — Ireland                        0-2   0-4     0-6
(!) OJ No C 239, 20. 10. 1975, p. 48 .                              — Italy                         27-5  26-4   29-9
(2) OJ No L 301 , 31 . 12. 1972, p. 165.                            — United Kingdom                11-9  14-5    16.9
 ---pagebreak--- No L 294/2                          Official Journal of the European Communities                                         13 . 11 . 75
                                      1972        1973          1974 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
     — Benelux                         150        13-4         14-0  State, it is essential that that Member State pays a large
     — Denmark                          6-1        8-1           4-5 amount of it back into the reserve, in order to avoid a
     — Germany                          8-7        9-1         11-0  part of one or other of the Community quotas
     — France                         43-2       40-9         41-0   remaining unused in one Member State when it could
     — Ireland                           1-6        1-7          1-5 be used in others ;
     — Italy                            00         0-0           0-0
     — United Kingdom                 25-4        26-8        28-0   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 litres           More than
                                or less              two litres                                Article 1
Benelux                          13-2                  14-6          1 . For the period 1 January to 31 December 1976,
Denmark                           2-7                   6-6          Community tariff quotas shall be opened for products
Germany                          14-9                   9-1          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 22.05 C III a) 1
                                                                     ex 22.05 C IV a) 1         | Port wines           20 000 hi
States, each of the quota amounts should be divided
into two instalments, the first instalment being allo­
                                                                     ex 22.05 C III b) 1
                                                                     ex 22.05 C IV b) 1         | Port wines          285 000 hi
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                   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                       6-0 u.a./hl
continuity, any Member State having used up almost
the whole of any one of its initial quota shares should
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--- 13 . 11 . 75                             Official Journal of the European Communities                               No L 294/3
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 1976, 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.
                               Pott wines under subheadings
                        ex 22.05 C III a) 1      ex 22.05 C III b) 1
                               and                      and
                                                                                                  Article 4
                        ex 22.05 C IV a) 1       ex 22.05 C IV b) 1
                                                                         Each of the additional shares drawn pursuant to
Benelux                       2 370                   37  200            Article 3 shall be valid until 31 December 1976.
Denmark                         490                   16  800
Germany                       2 680                   23  200
France                        5 340                  108  900
                                                                                                  Article 5
Ireland                           60                    4 250
Italy                         4 860                        100
United Kingdom                2 200                   64 550             The Member States shall return to the reserve, not
                                                                         later than 1 October 1976, the unused portion of their
                Total       18 000                   255 000             initial share which, on 15 September 1976, 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, 2 000 and
30 000 hectolitres respectively, shall constitute the                    The Member States shall, not later than 1 October
reserve .
                                                                          1976, notify the Commission of the total imports of
                                                                         the products concerned effected up to 15 September
                                                                          1976 inclusive and charged against the Community
                                                                         quotas and, where appropriate, the proportion of their
                         Article J                                       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 1976,
                                                                          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 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 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--- No L 294/4                       Official Journal of the European Communities                           13 . 11 . 75
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                  x
                                                                                   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.                      1976 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 5 November 1975.
                                                                        For the Council
                                                                         The President
                                                                           M. RUMOR