CELEX: 31978R1131
Language: en
Date: 1978-05-22 00:00:00
Title: Council Regulation (EEC) No 1131/78 of 22 May 1978 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 (1978/79)

30 . 5 . 78                             Official Journal of the European Communities                            No L 142/35
                                        COUNCIL REGULATION (EEC) No 1131/78
                                                       of 22 May 1978
              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 ( 1978/79)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas it is in particular necessary to ensure equal and
                                                                   uninterrupted access for all Community importers to
                                                                   the abovementioned quotas, and uninterrupted applica­
                                                                   tion of the rates laid down for these quotas to all im­
Having regard to the Treaty establishing the European              ports of the products concerned into the Member States
Economic Community, and in particular Articles 43 and              until the quotas have been used up; whereas, having
113 thereof,                                                       regard to the above principles, the Community nature
                                                                   of the quotas can be respected by allocating the Com­
Having regard to the proposal from the Commission,                 munity tariff quotas among the Member States ; where­
                                                                   as, in order to reflect most accurately the actual de­
                                                                   velopment of the market in the products in question,
Having regard to the opinion of the European Parlia­               such allocation should be in proportion to the require­
ment ( 1),                                                         ments of the Member States, assessed by reference both
                                                                   to the statistics relating to imports of the said products
                                                                   from Algeria over a representative reference period and
Whereas the Cooperation Agreement between the                      to the economic outlook for the quota period con­
European Economic Community and the People's                       cerned;
Democratic Republic of Algeria signed on 26 April
1976 stipulates in Article 20 that certain wines having a
registered designation of origin falling within subhead­
ing ex 22.05 C of the Common Customs Tariff,                       Whereas in this case, however, neither Community nor
originating in Algeria, shall be imported into the                 national statistics showing the breakdown for each of
Community free of customs duties within the limits of              the types of wines in question are available and no reli­
an annual Community tariff quota ; whereas the quota               able estimates of future imports can be made; whereas
volume for the period 1 July 1978 to 30 June 1979 is               in these circumstances the quota volumes should be allo­
400 000 hectolitres, consisting of 170 000 hectolitres of          cated in initial shares, taking into account demand for
wine in bulk and 230 000 hectolitres of wine in bottles ;          these wines on the markets of the various Member
whereas wine in bulk must be put up in accordance                  States ;
with certain conditions ; whereas, however, because of
certain difficulties for the transport of wine in bulk, a
derogation should be made from the relevant provisions
of the Agreement so that the transport may be effected
in containers of a capacity not exceeding 200 hec­                 Whereas, in order to take into account import trends
tolitres ; whereas wine in bottles must be in containers           for the products concerned in the various Member
holding a maximum of two litres ; whereas the import               States, each of the quota amounts should be divided
prices for the wines must at any given moment be not               into two instalments, the first being allocated among the
less than the Community reference prices for them;                 Member States and the second held as a reserve in­
whereas these wines must be accompanied by a certifi­              tended to cover at a later date the requirements of
cate of designation of origin in accordance with the               Member States who have used up their initial share;
model given in Annex D to the Agreement; whereas the               whereas, in order to guarantee some degree of security
Community tariff quotas in question should therefore               to importers in each Member State, the first instalment
be opened for the period concerned;                                of the Community quotas should be fixed at a level
                                                                   which could, in the present circumstances, be 50 % of
                                                                   each of the quota volumes ;
Whereas Council Regulation (EEC) No 2506/75 of 29
September 1975 laying down special rules for the im­
portation of products in the wine-growing sector
originating in certain third countries ( 2) introduced the
idea of a free-at-frontier reference price, being the refer­       Whereas the initial shares of the Member States may
ence price less customs duties actually levied;                    not be used up at the same rate; whereas, in order to
                                                                   take this into account and avoid disruption, any
                                                                   Member State which has used up almost all of one of its
(*) OJ No C 108 , 8 . 5 . 1978 , p. 57.                            initial shares should draw a supplementary share from
(2) OJ No L 256, 2 . 10. 1975 , p. 2 .                             the relevant reserve; whereas this should.be done by
 ---pagebreak--- No L 142/36                               Official Journal of the European Communities                                   30 . 5 . 78
each Member State each time one of its supplementary                   Whereas, since the Kingdom of Belgium, the Kingdom
shares is almost used up, and so on as many times as the               of the Netherlands and the Grand Duchy of Luxem­
reserve allows; whereas the initial and supplementary                  bourg are united within and jointly represented by the
shares should be valid until the end of the quota period;              Benelux Economic Union, any measure concerning the
whereas this form of administration requires close col­                administration of the shares allocated to that economic
laboration between the Member States and the Com­                      union may be carried out by any one of its members,
mission, and the Commission must be in a position to
follow the extent to which the quota volumes have been
used up and inform the Member States thereof;
                                                                       HAS ADOPTED THIS REGULATION :
Whereas, if at a given date in the quota period a
Member State has a considerable quantity of one of its                                          Article 1
initial shares left over, it is essential that it should return
a significant proportion therof to the relevant reserve, to            1 . For the period 1 July 1978 to 30 June 1979
prevent a part of one or other of the Community quotas                 Community tariff quotas shall be opened for the follow­
remaining unused in one Member State when it could                     ing products originating in Algeria, within the limits set
be used in others;                                                     out below :
                                                                                                                 (in hi)
                       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 , MEDEA , 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                    230 000
                                            — In containers holding more than two litres                  170 000
 2. Within these tariff quotas the Common Customs                       (a) the containers must be suitable for transporting wine
 Tariff duties applicable to these wines shall be totally                   and be used solely for that purpose;
 suspended.
                                                                        (b) the containers must be completely filled;
 3 . The wines in question shall benefit from these tariff
 quotas on condition that the prices on import into the                 (c) the means of closing the containers must be such
 Community are not at any time less than the free-at-                       that they cannot be tampered with and must ensure
 frontier reference prices referred to in Regulation (EEC)                  that they cannot be the subject of operations during
 No 2506/75 and subsequent texts which apply to such                        transportation or storage other than those carried
 prices.                                                                    out under the supervision of the authorities of
                                                                            Algeria or of the Member States ;
 4. Wine in containers holding more than two litres
 must put up in accordance with the following                           (d) each container must be labelled in such a way as to
 requirements.                                                              permit identification of the quality wine it contains ;
 ---pagebreak---  30. 5 . 78                                Official Journal of the European Communities                                No L 142/37
 (e) the wine in question may be transported only in                        initial share, rounded up where necessary to the next
     containers of a capacity not exceeding 200 hec­                        whole number, in so far as the amount in the reserve
     tolitres .                                                             allows.
 5 . Each of these wines, when imported, shall be accom­                    3 . If, after one or other of its second shares has been
 panied by a certificate of designation of origin, issued                   used up, 90 % or more of the third share drawn by a
 by the relevant Algerian authority, in accordance with                     Member State has been used up, that Member State
 the model annexed to this Regulation.                                      shall, in accordance with paragraph 1 , draw a fourth
                                                                            share equal to the third.
                           Article 2
                                                                           This process shall continue to apply until the reserves
 1 . The tariff quotas laid down in Article 1 shall be                     are used up.
 divided into two instalments .
 2. A first instalment of each quota shall be allocated                    4. Notwithstanding paragraphs 1 , 2 and 3 , Member
 among the Member States ; the shares which subject to                     States may draw smaller shares than those fixed in these
 Article 5 shall be valid up to 30 June 1979 shall be as                   paragraphs if there is reason to believe that those fixed
 follows :                                                                 might not be used up. They shall inform the Commis­
                                                                           sion of their reasons for applying this paragraph.
                                                                 (in hi )
                                    Wines having a registered
                                designation of origin , in containers                               Article 4
                                              holding :
          Member States
                                   two litres
                                     or less
                                                        more than
                                                         two litres
                                                                           Each additional share drawn pursuant to Article 3 shall
                                                                           be valid until 30 June 1979.
 Benelux                            19 100                13 400
Denmark                             11 500                 8 800
                                                                                                    Article S
 Germany                            23 000                18 000
France                              23 000                18 000
                                                                           Member States shall return to the reserve, not later than
Ireland                              7 800                 4 600
                                                                           1 April 1979, the unused portion of their initial share
Italy                               11500                  8 800           which, on 15 March 1979, is in excess of 20 % of the
United Kingdom                      19 100                13 400           initial amount. They may return a greater portion if
                                                                           there are grounds for believing that such portion might
                       Total      115 000                 85 000           not be used in full.
                                                                           Member States shall notify the Commission, not later
3 . The second instalment of each quota, amounting to                      than 1 April 1979, of the total imports of the products
 115 000 and 85 000 hectolitres respectively, shall con­                   concerned effected under the Community quotas up to
stitute the reserve.
                                                                           and including 15 March 1979 and, where appropriate,
                                                                           the proportion of each of their initial shares that they
                                                                           are returning to each of the reserves .
                           Article 3
                                                                                                    Article 6
1.   If 90 % or more of one of a Member State's initial
shares, as specified in Article 2 (2), or of that share less              The Commission shall keep account of the shares
the portion returned to the relevant reserve where Arti­                  opened by Member States pursuant to Articles 2 and 3
cle 5 has been applied, has been used up, that Member                     and shall inform each Member State of the extent to
State shall without delay, by notifying the Commission,                   which the reserve has been used up as soon as it has
draw a second share equal to 15 % of its initial share,                   been notified.
rounded up where necessary to the next whole number,
in so far as the amount in the reserve allows .
                                                                          The Commission shall notify the Member States, not
                                                                          later than 5 April 1979, of the state of each reserve after
                                                                          the return of shares pursuant to Article 5 .
2 . If, after one or other of its initial shares has been
used up, 90 % or more of the second share drawn by a                      The Commission shall ensure that the drawing which
Member State has been used up, that Member State                          uses up a reserve is limited to the balance available, and
shall, in accordance with the conditions laid down in                     to this end shall specify the amount thereof to the
paragraph 1 , draw a third share equal to 7-5 % of its                    Member State making the final drawing.
 ---pagebreak--- No L 142/38                           Official Journal of the European Communities                               30. 5 . 78
                        Article 7                                                        Article 8
1 . Member States shall take all measures necessary to           At the request of the Commission, Member States shall
ensure that additional shares drawn pursuant to Article          inform it of imports actually charged against their
3 are opened in such a way that imports may be                   shares .
charged without interruption against their aggregate
shares in the Community quotas.
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.                     The Member States and the Commission shall collabo­
                                                                 rate closely in order to ensure that this Regulation is
3 . Member States shall charge imports of the said               observed.
goods against their shares as and when the goods are
entered for home use.
4. The extent to which a Member State has used up its                                    Article 10
shares shall be determined on the basis of the imports
charged in accordance with paragraph 3 .                         This Regulation shall enter into force on 1 July 1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member States .
              Done at Brussels, 22 May 1978 .
                                                                                    For the Council
                                                                                     The President
                                                                                     K. HEINESEN
 ---pagebreak---                                                                    ANNEX
   1. j      ,(^J - 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.         <J-*«     - Modtager - Empfänger - Consignee -
      Destinataire - Destinatario - Geadresseerde :
                                                                         5     t»J ,o I         J ^J
                                                                             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 of transport - Moyen de transport - Mezzo di
      trasporto - Vervoermiddel :
                                                                         7 . ( Designation of origin )
  8. t !/•* ^ ' u & - Losningssted - Entladungsort - Place
      of unloading - Lieu de déchargement - Luogo di sbarco -
      Plaats van lossing :
  g                    J       < ^ ; ^ Jj \y ^                                                         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 num6ros, nombre et nature des colis                                                       Poids brut               Litres
      Marca e numero, quantity e natura dei colli                                                          Peso lordo               Litri
      Merken en nummers, aantal en soort der colli                                                         Brutogewicht             Liter
12.               L) O         - Liter (i bogstaver) - Liter (in Buchstaben) - Litres (in words) - Litres (en lettres) - Litri (in lettere) -
     Liter (voluit):
1 3.                     ^        ^ - Påtegning fra udstedende organ - Bescheinigung der erteilenden Stelle - Certificate of the
     issuing authority - Visa de l'organisme émetteur - Visto dell'organismo emittente - Visum van de instantie van afgifte:
14.      »         d      L - Toldstedets attest - Sichtvermerk der
     Zollstelle - Customs stamp - Visa de la douane - Visto della
     dogana - Visum van de douane
                                                                                                          (Oversættelse se nr. 15 - Über­
                                                                        setzung siehe Nr. 15 - see the translation under No 15 -
                                                                        Voir traduction au n° 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             omrddet 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 zugefugte Alkohol ist aus Wein gewonnener Alkohol.
        We hereby certify that the wine 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 e nconosciuto, 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. ')
0) Rubrik forbeholdt eksportlandets andre angivelser.
(1) Diese Nummer ist weiteren Artgaben des Ausfuhrlandes vorbehalten.
0) Space reserved for additional details given in the exporting country.
0) Case réservée pour d'autres indications du pays exportateur.
O Spazio riservato peraltro indicazioni del paese esportatore.
(■) Ruimte bestemd voor andere gegevens van het land van uitvoer.