CELEX: 31976R1773
Language: en
Date: 1976-07-22 00:00:00
Title: Council Regulation (EEC) No 1773/76 of 22 July 1976 concerning the allocation of a Community tariff quota of wine of fresh grapes, intended to be fortified for distillation, originating in Algeria

No L 197/52                         Official Journal of the European Communities                            23. 7. 76
                                   COUNCIL REGULATION (EEC) No 1773/76
                                                    of 22 July 1976
             concerning the allocation of a Community tariff quota of wine of fresh grapes,
                        intended to be fortified for distillation, originating in Algeria
THE COUNCIL OF THE EUROPEAN                                    Member States of the product concerned, the quota
COMMUNITIES,                                                   should be divided into two instalments ; the first to be
                                                               allocated among all the Member States and the second
Having regard to the Treaty establishing the European          to form a reserve intended to cover any subsequent
Economic Community,                                            requirements of Member States which have used up
                                                               their initial shares ;
Having regard to Council Regulation (EEC) No
1516/76 of 24 June 1976 on imports of wine of fresh            Whereas Member States may use up their initial
grapes, intended to be fortified for distillation, origi­      shares at different rates ; whereas to provide for this
nating in Algeria (!), and in particular Article 3 (1 )        eventuality and to avoid disruption of supplies, any
thereof,                                                       Member State which has almost used up its initial
                                                               share   should draw an      additional share from    the
Having regard to the proposal from the Commission,             reserve ; whereas this should be done by each Member
                                                               State when each of its additional shares has been
                                                               almost used up, and so on as many, times as the
Whereas Regulation (EEC) No 1516/76 lays down                  reserve allows ; whereas the initial and additional
that, pursuant to the Cooperation Agreement and the            shares should be valid until the end of the quota
Interim Agreement (2) signed on 26 April 1976 by the           period ;
European Economic Community and the People's
Democratic Republic of Algeria, wines of fresh grapes,
intended for fortifying, falling within subheadings            Whereas if, at a given date in the quota period, a
22.05 C I ex b) and C II ex b) of the Common                   considerable quantity of a Member State's initial share
Customs Tariff, originating in Algeria, may be                 remains unused, it is essential that that Member State
imported into the Community with a tariff concession           should return it to the reserve so as to prevent a part
consisting of an 80 % reduction in the customs duties          of the quota from remaining unused in one Member
and within the limits of a Community quota subject             State when it could be used in others ;
to observance of a special price ; whereas the annual
quota is 500 000 hectolitres per year for four years
from the entry into force of the Interim Agreement ;           Whereas, since the Kingdom of Belgium, the
whereas the first annual Community quovta should be            Kingdom of the Netherlands and the Grand Duchy of
allocated for the period 1 July 1976 to 30 June 1977 ;         Luxembourg are united within and jointly represented
                                                               by the Benelux Economic Union any measure
Whereas, in order to follow as closely as possible the         concerning the administration of the shares allocated
actual development of the market in the products in            to that economic union may be carried out by any
question, such allocation must be effected in propor­          one of its members,
tion to Member States' requirements, calculated on
the basis of the statistics on imports of the said
products from Algeria during a representative period
and also on the basis of the economic prospects for
the tariff period under consideration ;
                                                                HAS ADOPTED THIS REGULATION :
Whereas, however, in this case, there are no Commu­
 nity or national statistics for the wines in question ;
whereas, provision should consequently be made for
allocating the total quota into shares which take                                      Article 1
account of the capacity of the markets of the Member
States to absorb the said wines ;
                                                               The 500 000 hectolitres quota opened for wine of
Whereas, in order to take account in these conditions           fresh grapes intended for fortifying, originating in
 of the uncertainty in trends in imports into the              Algeria, under the conditions laid down by Regulation
                                                                (EEC) No 1516/76, shall be allocated as follows
 (») OJ No L 169, 28. 6. 1976, p. 29.                           among the Member States for the period 1 July 1976
 (2) OJ No L 141 , 28. 5. 1976, p. 2.                           to 30 June 1977 :
 ---pagebreak--- 23 . 7. 76                         Official Journal of the European Communities                        No L 197/53
                                   (in hectolitres)           by notifying the Commission, draw a second share
        Benelux                        30  000                which may amount to the total quantities actually
        Denmark                          1 250                used for fortifying, to the extent that the reserve so
        Germany                       115  000                permits.
        France                        100  000
                                                              2. Other shares may be drawn in accordance with
        Ireland                          1 250
                                                              the same conditions until the reserve is used up.
        Italy                         100  000
        United Kingdom                   7 500                3.    Member States shall return to the reserve, not
                                                              later than 1 April 1977, the unused share of their
                                                              quota. The reserve shall be used in accordance with
The remaining 145 000 hectolitres shall constitute the        paragraph 2.
reserve .
                                                                                     Article 3
                         Article 2                            This Regulation shall enter into force on the day of its
1.    If 90 % or more of any Member State's initial           publication in the Official Journal of the European
                                                              Communities.
share as fixed in Article 1 is used for fortifying as part
of its initial share, that Member State shall forthwith,      It shall be applicable from 1 July 1976.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 22 July 1976.
                                                                          For the Council
                                                                           The President
                                                                         M. van der STOEL