CELEX: 51983PC0138
Language: en
Date: 1983-03-21
Title: Proposal for a COUNCIL REGULATION (EEC) 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, and originating in Portugal (1983/84)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for Madeira wines, falling within heading No ex 22.05 of the Common Customs Tariff, and originating in Portugal (1983/84)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for Setubal muscatel wines, falling within heading No ex 22.05 of the Common Customs Tariff, and originating in Portugal (1983/84) (submitted to the Council by the Commission)

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COM (83) 138
Vol. 1983/0040
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 ---pagebreak---     COMMISSION OF T H E E U R O P E A N                                       COMMUNITIES
                                                                         COM(83)   138 f i n a l
                                                                         Brussels,      21 March 1983
                                             Proposal f o r a
                                      COUNCIL REGULATION (EEC)
              opening, a l l o c a t i n g    and p r o v i d i n g f o r the administration
              o f Community          tariff   quotas f o r port        wines, f a l l i n g within
              h e a d i n g No ex 22.05 o f t h e Common Customs T a r i f f , a n d o r i -
             ginating        i nPortugal       (1983/84)
                                            Proposal       for a
                                      COUNCIL REGULATION (EEC)
             opening, a l l o c a t i n g     and p r o v i d i n g f o r the administration o f
             Community        tariff     quotas f o r Madeira wines, f a l l i n g          within
             h e a d i n g No ex 22.05 o f t h e Common Customs T a r i f f , a n d
             originating           i nPortugal    (1983/84)
                                            Proposal      for a
                                       COUNCIL REGULATION (EEC)
             opening, a l l o c a t i n g     and p r o v i d i n g f o r the administration of
             Community        tariff     quotas f o r Setubal muscatel wines,                falling
            w i t h i n h e a d i n g No ex 22.05 o f t h e Common Customs T a r i f f , a n d
            originating           i nPortugal     (1983/84)
                        (submitted       to t h e C o u n c i l by t h e Commission)
COM(83) 138 f i n a l
 ---pagebreak---                      E X P L A N A T O R Y . -".E Vi OP ANDUÌVì
  I.  Article 9 of the Supplementary Protocol' to the Agreement of 1972
      between the European Economic Community and the Portuguese
      Republic completed by Regulation (EEC) No 2370/81 Uyinq
              f
      down the arrangements applicable to trade between Greece and
      Portugal, provides for the opening of Community t a r i f f quotas for
       the wines listed below :
Cowion Customs                                               Annua I      Rate of
Tariff heading        Description of goods                   vo l urne    reduct i on
ex 22.05 C III a) 1 Port wines                                100 t+OQ hi    60 X
ex 22.05 C IV a) 1 - in containers holding
                           two l i t r e s or Less
ex 22.05 C III b) 1 Port wines                               160 000. hi      50 %
ex 22.05 C IV b) 1 -in containers holding
                         more than two l i t r e s
ex 22.05 C III a) 1 Madeira wines                               4 0b"0hi      60 %
ex 22.05 C IV a) 1 - in containers holding
                           two l i t r e s or less
 ex 22.05 C III b) 1 Madeira wines                              14 500'hi     50 %
 ex 22.05 C IV b) 1 - in containers holding
                            more than two l i t r e s
 ex 22.05 C III a) 1 Setubal muscatel wines                      2 000hi       60 %
 ex 22.05 C IV a) 1 - in'containers holding
                            two l i t r e s or less
 ex 22.05 C III b) 1 Setubal muscatel wines                      1 000hi       50 X
 ex 22.05 C IV b) 1 - in containers holding
                            more than two l i t r e s
 ---pagebreak---                                          - 2 -
    Nevertheless, the Declaration by the European Economic Community on
    Article 9 of the Supplementary Protocol reserves the right to the
    Community from 1st July 1981 to increase, in the light of the pattern
    of trade flows, the t a r i f f quota for Portwines in containers holding
    2 litres or less by a quantity equal to the amount no utilized in the
    t a r i f f quota for Portwines in containers holding more than 2 l i t e r s
    opened for the preceding period ; the global volume has to be held
    unchanged at 360 400 h i .
   The t a r i f f quota of 230 000 hi for Portwines in containers holding more
   than 2 liters opened for the period from 1st July 1982 to 30 June 1983
   will be used to the extent of 210 000 h i . It may be estimated that the
   t a r i f f quota of 210 000 hi for the same wines opened for the period
   from 1st July 1983 to 30 June 1984 could be sufficient to cover import
   needs. Under these conditions, i t seems advisible to f i x the quota for
   Portwines in containers holdinq two liters or less at 150 400 hi for the
   period from 1 July 1983 to 30 June 1984 and to reduce the quota for
   Portwines in containers holding more than two liters to 210 000 h i .
2. These wines are subject to provision relating to the common organization
   of the market in wine.
3. In order to meet the Community's obligations to Portugal from 1.7.1983
   regulations have to be adopted providing for the opening, allocation
   and administration of these Community t a r i f f quotas.
4. The Regulation provides, in the normal way, that each of the volumes
   shall be divided into two instalments, the f i r s t of which is to be
   allocated among the Member States and the second held as a reserve.
   The allocation of the f i r s t instalment is usually based on s t a t i s t i c s
   for the three preceding years and on forecasts for the period in question.
   In the absence of specific Community statistics for these wines the
 ---pagebreak---                                            - 3 -
   i n i t i a l quotas have been calculated on the basis of the most recent
   statistics for Portuguese exports from 1979 to 1981. The Portuguese
   statistics can in fact be considered to give a rough picture of Com­
   munity imports in the wines in question.
S. Owing to the special characteristics of the trade in these wines, which
   also differ between Member States, the regulation, exceptionally, does
   not establish a uniform method of administration.
  Annex       : 3 proposals f o r Regulations of the C o u n c i l .
 ---pagebreak---                                                         - 4 -
                             I m p o r t a t i o n s de v i n s o r i g i n a i r e s d'.i P o r t u g a l
                             (sur l a base des s t a t i s t i q u e s p o r t u g a i s e s )
     Vins de P o r t o
                  j    en récipients                ^ 2 litres                    en récipients • ^> 2 l i très
                    1979                 1980             1981                    1979                 1980      1981
 Bénélux            43.705             54 .844           58.693                   62.592               69 .144   48.237
 [>cinéma r k         9 .676           10.835            12.235                   18.342               16.988    10.507
 A11emagne          24 .396            17.601            19 .867                  20.244  -            16.687    17.984-
 Grèce                    14                 250               35                                            -
 France            1A0.535           151 .618          150.546                  114.019              103.124-    78.081
 Irlande                590                  841          1 .683                          6
                                                                                          -                  -
                                                                                                                       5
                                                                                                                       -
 Italie             35 .532            31 .054           29.905
 Royaume-Uni 28.608                    25 .467           22.556                   79.252               65.390    48.125
    CEE           283.056           292.510            295 .520                 294.455              271 .333   202.939
    Vins de Madère
Bénélux                 244                  275              368                   4.811                2.779    3.773
 Danemark                79                    34              52                   3.237                2.586    1 .874
Allemagne                40
                           -
                                               63-             62                   6.113 -
                                                                                                         5 „775
                                                                                                              -
                                                                                                                  3.704
                                                                                                                       -
Grece                                                          19
 France                  55                    44              19
                                                                -                 18.204               11.004    15 .463
 Irlande                  11                     5                                     17                    9         -
 Italie                 115                    55             279                         -                  -
Royaume-Uni             105                  127               66                   3.497                2.743    3.001
      CEE               649                  603              865                 35 .879              24.896    27.815
    Vins Moscatel de Setubal
Bénélux                  13                   46               24
Danemark                   3                    4               9
Allemagne                10
Grèce
France                     4                    9
Irlande
Italie                                                                                                       II
Royaume-Uni              20                  49                49
   .1                                 1
       CEE               50                 108                82
 ---pagebreak---                                                Proposal for a
                                     COUNCIL REGULATION (EEC)                                           ANNEX A
               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 and originating in Portugal (1983/84)
T H E C O U N C I L OF T H E E U R O P E A N                hectolitres and210 000 hectolitres for the period 1
COMMUNITIES,                                                July 1983 to 30 June 1984 ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113           Whereas Portugal has given an assurance that the price
thereof,                                                     for wines originating in its territory will not be lower
                                                             than the reference price less the customs duties actu­
                                                             ally charged ; whereas, as a result thereof, the wines
Having regard to the proposal from the Commission,           covered by those tariff quotas should be treated in the
                                                             same manner as wines granted preferential tariff
                                                             concessions, provided the free-at-frontier        reference
Whereas Article 9 of the Supplementary Protocol (') to       price is observed ; whereas such wines benefit from the
 the Agreement between the European Economic                 tariff concessions only if the provisions of Article 18 of'
                                                        2
 Community          and    the    Portuguese  Republic ( ),   Council Regulation (EEC) N o 3 3 7 / 7 9 (5) ,
 completed by Council Regulation (EEC) N o 2370/81            amended by Regulation (EEC) N o 3 0 8 2 / 8 2 ( 6 ) , as
 of 27 July 1981 laying down the arrangements                 respected ; whereas those provisions apply to imports
                                                        J
 applicable to trade between Greece and Portugal ( ),         under those quotas ;
 provides that customs duties on imports into the
 Community of certain wines originating in Portugal
 shall be reduced :
                                                              Whereas it is in particular necessary to ensure for all
 — by 60 % in the case of the duties applicable to            Community importers equal and uninterrupted access
      port wines falling within subheadings ex 22.05 C        to the abovementioned quotas and uninterrupted
      III a) 1 and ex 22.05 C IV a) 1 of the C o m m o n      application of the rates laid down for these quotas to
      Customs Tariff, up to a total annual tariff quota of    all imports of the products concerned into all Member
      100 400 hectolitres, and                                States until the quotas have been used up ; whereas,
                                                              having regard to the above principles, the Community
 — by 50 % in the case of the duties applicable to             nature of the quotas can be respected by allocating the
      port wines falling within subheadings ex 22.05 C         Community tariff quota among the Member States ;
      III b) 1 and ex 22.05 C IV b) 1 of the C o m m o n       whereas, in order to reflect as accurately as possible the
      Customs Tariff, up to a total annual tariff quota of     true trend of the market in the products concerned,
      260 000 hectolitres ;                                    such allocation should be in proportion to the require­
                                                               ments of the Member States, assessed by reference to
                                                               the statistics of each State's imports from Portugal over
  Whereas the Declaration by the European Economic             a representative reference period and also to the
  Community on Article 9 of the Supplementary                  economic outlook for the quota period concerned ;
             4
  Protocol ( ) reserves the right to the Community to
  increase, as from 1 July 1981, the volume of the tariff
  quota referred to under (a) in so far as the tariff quota
  referred to under (b) has not been exhausted com­
                                                                Whereas available Community statistics give no infor­
  pletely during the preceding period, the total volume
                                                                mation on the situation of port wines on the markets ;
  rema.,">3 at 360 000 hectolitres; whereas during
                                                                whereas, however, Portuguese statistics for exports of
  recent year an average quantity of5 0 000 hectolitres of
                                                                these products to the Community during the past
  port wines referred to under (b) has not been
                                                                three years can be considered to reflect approximately
  exhausted ; whereas, on the basis of the development          the situation of Community imports ; whereas, on this
  of the importations of the wines in question during           basis^ the corresponding imports by each of the
  the two last quota periods, it is necessary to fix the        Member States for the past three years represent the
  tariff quotas for these wines at respectively 150 4           following percentages of the imports into the C o m m u ­
                                                                nity from Portugal of the products concerned :
  (') OJ  No   L  348, 31. 12. 1979,  p. 44.
   2
  ()  OJ  No   L  301, 31. 12. 1972,  p. 165.
  (') OJ  No   L  236, 21. 8. 1981,  p. 1.                      0 OJ No L 54. 5. 3. 1979, p. 1.
  (") OJ  No   L  348, 31. 12. 1979,  p. 61.                    ('') o j No L 3 2 6 , 2 3 . 1 2 . 1 9 8 2 , p. 1.
 ---pagebreak---                                                                                                  ANNEX A
                                                                quota share from the corresponding reserve ; whereas
                                 1079       1980          1981  this must be done by each Member State as and when
                                                                each of its additional shares is almost used up and
                                                                repeated as many times as the reserve allows ; whereas,
 Port wines :
                                                                the initial and additional quota shares must be valid
 — in containers holding                                       until the end of the quota period ; whereas this
     two litres or less :                                       method of administration requires close cooperation
     Benelux                    154         18-7          19-9 between Member States and the Commission and the
     Denmark                      3-5        3-7           41   latter must, in particular, be in a position to monitor
     Germany                      8-6        6-1           6-8 the extent to which the quota volumes have been used
     Greece                       —          —             0-1 up and to inform the Member States thereof ;
     France                     49-7        51-8         51-0
     Ireland                      0-2        0-3           0-6 Whereas if, at a given date in the quota period, a
     Italy                      12-5        10-6          10-2 substantial quantity of one of the initial shares remains
     United Kingdom             101          8-7           7-3
                                                               unused in one or other Men s State it is essential
 — in containers holding                                       that that Member State should return a significant
     more than two litres :                                    proportion to the reserve to prevent a part of any
     Benelux                    21-3        25-5         23-7  Community quota from remaining unused in one
     Denmark                      6-2        6-3           5-2 Member State when it could be used in others,
     Germany                      6-9        6-2           8-8
     Greece                      —           —             —   Whereas, since the Kingdom of Belgium, the
     France                     38-7        38-0         38-5  K i n g d o m of the Netherlands and the Grand Duchy of
     Ireland                     —           —             0-1 Luxembourg are united within and jointly represented
     Italy                       —           —             —   by the Benelux Economic Union any operations
     United Kingdom             26-7        24-0         23-7  relating to the administration of the quota shares allo­
                                                               cated to that economic union may be carried out by
                                                               any one of its members,
Whereas, in view of these data and the estimates
submitted by certain Member States, initial quota
shares may be fixed approximately at the following
percentages :                                                  HAS A D O P T E D THIS R E G U L A T I O N :
                                Port wines in containers
                                        holding :                                        Article   I
        Member States
                             two litres           more than     1.     From 1 July 1983 to 30 June 1984,Community
                               or less            two litres   tariff quotas shall be opened, in the Community, for
                                                               products originating in Portugal within the limits set
                                                               out below :
Benelux                        18-05                23-41
Denmark                          3-76                5-96                                                           (hectolitres)
Germany                         7-12                 7-14
                                                                           CCT                                     Quota
Greece                          001                  001                                   Description
                                                                      heading No                                  amount
France                         50-83                38-40
Ireland                         0-36                 001
Italy                          11-07                 001       ex 22.05 C III a) 1     )
United Kingdom                   8-80               25-06                              /  Port wines             150 4 0 0
                                                               ex 22.05 C IV a) 1      )
                                                               ex 22.05 C III b) 1     )
Whereas, in order to take into account import trends                                   }   Port wines            210 0 0 0
                                                               ex 22.05 C IV b) 1
for the products concerned in the various Member
States, each of the quota amounts should be divided
                                                                                       S
into two instalments, the first instalment being allo­         2.      The C o m m o n Customs Tariff duties on wines
cated among the Member States which have used up               imported within these tariff quotas shall be suspended
their initial quota shares ; whereas, in order to give         at the rates set out below:
importers in each Member State a certain degree of
                                                                                                                       (ECU/hl)
security, the first instalment of the Community quotas
should, under the present circumstances, be fixed at                           CCT
                                                                                                         Rate of duty
                                                                            heading No
around 95 % of each of the quota mounts ;
                                                               ex 22.05 C III a) 1                           6-5
Whereas the initial quota shares of the Member States
may be used up at different times ; whereas, in order to       ex 22.05 C IV a) 1                            7-0
take this fact into account and avoid any break in             ex 22.05 C III b) 1                           6-6
continuity, any Member State which has almost used             ex 22.05 C IV b) 1                            7-2
up its initial quota share should draw an additional
 ---pagebreak---                                                                                                           ANNEX A
 W i t h i n these tariff quotas, Greece shall apply customs             3.    If, after one of its second shares has been used
 duties calculated in accordance with the relevant                       up, 90 % or more of the third share drawn by a
 provisions of the 1979 Act of Accession and of Regu­                    Member State has been used up, that Member State
 lation (EEC) N o 2370/81.                                               shall, in accordance with the conditions laid down in
                                                                         paragraph 1, draw a fourth share equal to the third.
 3.       The wines shall benefit from these tariff quotas
 only if Article 18 (3) and (4) of Regulation (EEC) N o                  This process shall continue until the reserve is used
 337/79 are respected.                                                   up.
                                                                         4.    By way of derogation from paragraphs 1, 2 and 3,
                             Article    2                                a Member State may draw shares smaller than those
                                                                         fixed in those paragraphs if there is reason to believe
 1.       Each of the tariff quotas referred to in Article 1             that these might not be used up. It shall inform the
 shall be divided into two parts.                                        Commission of its reasons for applying this paragraph.
 2. (a) The first instalment of each quota shall be allo­
                                                                                                  Article  4
            cated among the Member States ; the respective
            shares, which subject to Article 5 shall be valid            Each of the additional shares drawn pursuant to
            until 30 June 1984j shall be as follows:
                                                                         Article 3 shall be valid until 30 June 1 9 8 4 .
                                                           (hectolitres}
                                  Port wines. under subheadings :                                 Article  5
               Member States
                               ex 22.05 C III a) 1 ex 22.05 C III b) 1
                                      and                 and            The Member States shall return to the reserve, not later
                               ex 22.05 C IV a) 1  ex 22.05 C IV b) 1    than 1 A p r i l 1983 the unused portion of their initial
                                                                         share which, on 15 March 1984 is in excess of 20 %
                                  25 80U                 46 7 0 0        of the initial volume. They may return a larger quan­
            Benelux
                                                                         tity if there are grounds for believing that it might not
            Denmark                 5 370                11    90iT
           Germany                                                       be used.
                                  10 170                 14 2 4 0
            Greece                        15                     20
            France                72 6 3 0               76 6 0 0        The Member States shall, not later than 1 April 1984       /
            Ireland                     515                      20      notify the Commission of the total quantities of the
            Italy                 15 8 2 0                       20      products concerned imported up to 15 March 1984
           United                                                        and charged against the Community quotas and of any
           Kingdom                12 5 8 0               5 0 000         quantities of the initial shares returned to each reserve.
                      Total     142 9 0 0              199 500
                                                                                                  Article  6
    (b) The second instalment of each quota, namely
                                                                         The Commission shall keep an account of the shares
         7 500 and 1 05 00 hectolitres respectively, shall
                                                                         opened by the Member States pursuant to Articles 2
            constitute the corresponding reserve.
                                                                         and 3 and shall, as soon as it is notified, inform each
                                                                         State of the extent to which the reserves have been
                                                                         used up.
                             Article 3
                                                                         The Commission shall, not later than 5 April 198 4 ,
1.       If 90 % or more of one of the Member State's
                                                                         notify Member States of the amount in each reserve
initial shares as specified in Article 2 (2), or of that
                                                                         after quantities have been returned thereto pursuant to
share minus the portion returned to the reserve, where                   Article 5.
Article 5 is applied, has been used up, then, to the
extent permitted by the amount of the reserve, that                      The Commission shall ensure that any drawing which
Member State shall forthwith, by notifying the                           uses up any reserve is limited to the balance available
Commission, draw a second share equal to 10 % of its                     and to this end shall specify the amount thereof to the
initial share, rounded up where necessary to the next
                                                                         Member State which makes the last drawing.
unit.
2.       If, after one of its initial shares has been used up,                                    Article  7
90 % or more of the second share drawn by a Member
State has been used up, then, to the extent permitted                    1.    The Member States shall take all measures neces­
by the amount of the reserve, that Member State shall,                   sary to ensure that additional shares drawn pursuant to
in accordance with the conditions laid down in para­                     Article 3 are opened in such a way that imports may
graph 1, draw a third share equal to 5 % of its initial                  be charged without interruption against their accumu­
share, rounded up where necessary to the next unit.                      lated shares of the Community quotas.
 ---pagebreak---                                                                                             ANNEX A
 2.    The Member States shall ensure that importers of                             Article   9
 the products concerned
 have free access to the shares allocated to them.           The Member States and the Commission shall
                                                             cooperate closely in order to ensure that this Regula­
 3.    The extent to which a Member State has used up
                                                             tion is complied with.
 its shares shall be determined on the basis of the
imports of the products concerned originating in
Portugal as and when the goods are entered with
customs authorities for free circulation.                                          Article   10
                                                            This Regulation shall enter into force on 1 J U L y  1 983 .
                       Article 8
At the Commission's request Member States shall
inform it of imports of the products concerned actu­
ally charged against their shares.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels,
                                                                       For the   Council
                                                                        The President
 ---pagebreak---                                                    Proposal  for a                                        ANNEX B
                                       COUNCIL REGULATION (EEC)
                     opening, allocating and providing for the administration of Community tariff
                    quotas for Madeira wines, falling within heading No ex 22.05 of the Common
                                  Customs Tariff and originating in Portugal (1983/84)
      THE COUNCIL OF THE EUROPEAN                               to the abovementioned quotas and uninterrupted
      COMMUNITIES,                                              application of the rates laid down for these quotas to
                                                                all imports of the products concerned into all Member
                                                                States until the quotas have been used up ; whereas,
      Having regard to the Treaty establishing the European     having regard to the above principles, the Community
      Economic Community, and in particular Article 113        nature of the quotas can be respected by allocating the
     thereof,                                                  Community tariff quota among the Member States;
                                                               whereas, in order to reflect as accurately as possible the
                                                               true trend of the market in the products concerned,
     Whereas Article 9 of the Supplementary Protocol (') to    such allocation should be in proportion to the require­
     the Agreement between the European Economic           z   ments of the Member States, calculated by reference to
     Community and the Portuguese Republic (),                 the statistics of each State's imports from Portugal over
     completed by Council Regulation (EEC) No 2370/81          a representative reference period and also to the
     of 27 July 1981 laying down the arrangements ap­      3   economic outlook for the quota period concerned ;
    plicable to trade between Greece and Portugal (),
    provides that customs duties on imports into the
    Community of certain wines originating in Portugal
    shall be reduced :                                         Whereas available Community statistics give no infor­
                                                               mation on the situation of Madeira wines on the
    — by 60 % in the case of the duties applicable to          markets; whereas, however, Portuguese statistics for
        Madeira wines falling within subheadings ex 22.05     exports of these products to the Community during
        C III a) 1 and ex 22.05 C IV a) 1 of the Common the past three years can be considered to reflect
        Customs Tariff, up to a total annual tariff quota of  approximately the situation of Community imports ;
        4 050 hectolitres,                                    whereas,    on this basis, the corresponding imports by
                                                              each of the Member States for the past three years
    — by 50 % in the case of the duties applicable to         represent the following percentages of the imports into
                                                              the Community from Portugal of the products
        Madeira wines falling within subheadings ex 22.05     concerned :
        C III b) 1 and ex 22.05 C IV b) 1 of the Common
        Customs Tariff, up to a total annual tariff quota of
        14 500 hectolitres ;                                                                  1979      1980    1981
   Whereas Portugal has given an assurance that the price     Madeira wines :
   for wines originating in its territory will not be lower
   than the reference price less the customs duties actu­     — in containers holding
  ally charged ; whereas, as a result thereof, the wines          two litres or less :
  covered by those tariff quotas should be treated in the         Benelux                    37-5     45-9     42-3
  same manner as wines granted preferential tariff                Denmark                    12-2        5-7     60
  concessions, provided the free-at-frontier reference            Germany                      6-2     1—00      7-2
  price is observed ; whereas such wines bcrt:iit from the        Greece                      —                  2-2
                                                 :                France                       8-5       7-3     2-2
  tariff concessions only if the provisions of Article 18 of      Ireland                      1-7       01     —
  Council Regulation (EEC) No 337/79 H, as last                   Italy                      17-7        9-2   32-3
  amended by Regulation (EEC) No /                  0, are        United Kingdom             16-2     21-3       7-6
  respected ; whereas those provisions apply to imports       — in containers holding
 under these quotas ;
                                   /3082/82 (5)                   more than two litres :
                                                                  Benelux                    13-4     11-2     13-6
 Whereas it is in particular necessary to ensure for all          Denmark                     9-0     10-4      6-7
 Community importers equal and uninterrupted access              Germany                     17-0     23-2     13-3
                                                                 Greece                       —        —        —
                                                                 France                     50-8     44-2      55-6
(') OJ No L 348, 31. 12. 1979, p. 44.
  2
                                                                 Ireland                      0-1      _        —
() OJ No L 301, 31. 12. 1972, p. 165.                            Italy                       —         —        —
(>) OJ No L 236, 21. 8. 1981, p. 1.                              United Kingdom               9-7    11-0      10-8
(•) OJ No L 54, 5. 3. 1979, p. 1.
OOJ No L       Z 2 6 f  23.12.1982, p. 1.
 ---pagebreak---                                                                                        ANNEX B
Whereas, in view of these data and the estimates         Luxembourg are united within and jointly represented
submitted by certain Member States, initial quota        b) the Benelux Economic Union, any operation relat-
 shares may be fixed approximately at the following            'o the administration of shares allocated to that
 percentages :                                           c omic union may be carried out by any one of its
                                                          .leinbers,
                             Madeira :ines incontainers
                                      holding
      Member States
                            two litres        more than
                                              two litres HAS ADOPTED THIS REGULATION :
                              or less
 Benelux                       41-9             12-2
 Denmark                        7-8              90                              Article 1
Germany                         7-8             18-9
Greece                          0-6              01      1. From 1 July 1983 to 30 June 1984 ,Community
 France                         5-5             49-3     tariff quotas shall be opened in the Community for
Ireland                         10               01      products originating in Portugal within the limits set
Italy                          21 0              01      out below:
UnitedKingdom                  14-4             10-3
                                                                                                        (hectolitre
                                                                   CCT             Description         Quota
Whereas, in order to take into account import trends            heading No                            amount
for the products concerned in the various Member
States, the quota volumes should be divided into two     ex 22.05 C III a) 1J Madeira wines
instalments, the first being shared among the Member     ex 22.05 C IV a) 1                            4 050
States and the second constituting a reserve to cover at ex 22.05 C III b) 1J Madeira wines
a later date the requirements of the Member States       ex 22.05 C IV b) 1                           14 500
which have used up their initial quota shares ; whereas,
in order to give importers in each Member State a
certain degree of security, the first instalment of the
Community quotas should, under the present circum­       2. The Common Customs Tariff duties on wines
stances, be fixed at 90 % of each of the quota           imported within these tariff quotas shall be suspended
volumes ;                                                at the rates set out below:
                                                                                                           (ECU/bl)
Whereas the Member States' initial shares may be used                    CCT                   Rate of duty
up at different times ; whereas, in order to take this                heading No
fact into account and avoid any break in continuity,
any Member State which has almost used up its initial
share should draw an additional share from the corre­    ex 22.05 C III a) 1                       6-5
sponding reserve ; whereas this must be done by each     ex 22.05 C IV a) 1                        7-0
Member State as and when each of its additional          ex 22.05 C III b) 1                       6-6
shares is almost used up, and repeated as many times     ex 22.05 C IV b) 1                        7-2
as the reserve allows ; whereas the initial and addi­
tional shares must be valid until the end of the quota   Within these tariff quotas, Greece shall apply customs
period; whereas this method of administration            duties calculated in accordance with the relevant
requires close cooperation, between Member States and    provisions of the 1979 Act of Accession and of Regu­
the Commission, and the latter must be in a position     lation (EEC) No 2370/81.
to monitor the extent to which the quota volumes
have been used up and to inform Member States            3. The wines shall benefit from these tariff quotas
thereof;                                                 only if Article 18 (3) and (4) of Regulation (EEC) No
                                                         337/79 is respected.
Whereas if, at a given date in the quota period, a
substantial quantity of an initial share remains unused
in any Member State it is essential that that Member                             Article 2
State should return a significant proportion to the      1. The tariff quotas referred to in Article 1 shall be
reserve, to prevent a part of any Community quota        divided into two instalments.
from remaining unused in one Member State when it
could be used in others ;                                2. A first instalment of each quota shall be shared
                                                         among the Member States; the respective shares,
Whereas, since the Kingdom of Belgium, the               which subject to Article 5 shall be valid until 30 June
Kingdom of the Netherlands and the Grand Duchy of        1984,shall be as follows :
 ---pagebreak---                                                                                             ANNEX B
                                                  (hectolitres) that they might not be used up. It shall inform the
                            Madeira wines under subheadings : Commission of its reasons for applying this paragraph.
        Member States      ex 22.05 C III ae
                                           )x122.05 C III b) 1
                                and              and
                           ex 22.05 C IV ae)x122.05 C IV b) I                          Article 4
  Benelux                      1 500            1 600           Each of the additional shares drawn pursuant to
                                                                Article 3 shall be valid until 30 June 1984.
  Denmark                         280           1 175
  Germany                         280          2 470
  Greece                           20              10                                  Article 5
  France                          200          6 450            The Member States shall return to the reserve, not later
  Ireland                          40              10           tfyan 1 April 1984, such unused portion of their initial
  Italy                           750              10           share as, on 15 March 1984, is in excess of 20 % of
                                                                the initial volume. They may return a larger quantity if
  United Kingdom                  520          1 355            there are grounds for believing that it might not be
                                                                used.
                   Total       3 590           13 080
                                                                The Member States shall, not later than 1 April 1984.,
                                                                notify the Commission of the total quantities of the
 3. The second instalment of each quota, 460 and                products concerned imported up to 15 March 1984
  1 420 hectolitres respectively, shall constitute, the         and clnrged against the Community quotas and of any
 reserve.                                                       quantities returned to the reserve.
                                                                                       Article 6
                         Article 3
                                                               The Commission shall keep an account of the shares
  1. If 90 % or more of one of a Member State's                opened by the Member States pursuant to Articles 2
                                                               and 3 and shall, as soon as it is notified, inform each
 initial shares as specified in Article 2 (2), or of that      State of the extent to which the reserves have been
 share minus the portion returned to the reserve, where        used up.
 Article 5 is applied, has been used up, then, to the
 extent permitted by the amount of the reserve, that           It shall, not later than 5 April 1984, inform the
 Member State shall forthwith, by notifying the                Member States of the amount in each reserve after the
 Commission, draw a second share equal to 10 % of its          return of quantities pursuant to Article 5.
 initial share, rounded up where necessary to the next
 unit.         ,
                                                               The Commission shall ensure that any drawing which
                                                               uses up any reserve is limited to the balance available
 2. If, after one of its initial shares has been used up,      and, to this end, shall specify the amount thereof t'p
90 % or more of the second share drawn by a Member             the Member State which makes the final drawing.
State has been used up, then, to the extent permitted
 by the amount of the reserve, that Member State shall,
in accordance with the conditions laid down in para­               !                  Article 7
graph 1, draw a third share equal to 5 % of its initial
share, rounded up where necessary to the next unit.             1. The Member States shall take all measures neces­
                                                               sary to ensure that additional shares drawn pursuant to
3. If, after one of its second shares has been used            Article 3 are opened in such a way that imports may
up, 90 % or more of the third share drawn by a                 be charged without interruption against their accumu­
Member State has been used up, that Member State               lated shares of the Community tariff quotas.
shall, in accordance with the conditions laid down in
paragraph 1, draw a fourth share equal to the third.           2. The Member States shall ensure that importers of
                                                               the products concerned
This process shall continue until the reserve is used          have free access to the shares allocated to them.
up.               !                                            3. The extent to which a Member State has used up
                                                               its shares shall be determined on the basis of the
4. By way of derogation from paragraphs 1, 2 and 3,            imports of the products concerned originating in
a Member State may draw shares smaller than those              Portugal and entered with customs authorities for free
fixed in those paragraphs if there is reason to believe        circulation.
 ---pagebreak---                                                                                             ANNEX    B
                       Article   8                                                  Article  10
 A t the Commission's request Member States shall
 inform it of imports of the products concerned actu-
 ally charged against their shares.                          ïliis Regulation shall enter into force on
                        A •i                               1 July   7   1983.
                       Artule  a
                                9
The Member States and the Commission shall co-
operate closely in order to ensure that this Regulation
is complied with.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels,
                                                                       For the    Council
                                                                         The President
 ---pagebreak---                                                          Proposal for a                                        ANNEX C
                                          C O U N C I L R E G U L A T I O N (EEC)
                    opening, allocating and providing for the administration of Community taiiT."
                    quotas for Setubal muscatel wines, falling with,in heading N o ex 22.05 of fhe
                              C o m m o n Customs Tariff and paginating in Portugal ( 1 9 8 3 / 8 4 )
    T H E COUNCIL OF T H E EUROPEAN                                        having regard to the above principles, the Community
    COMMUNITIES,                                                           nature of the quotas can be respected by allocating the
                                                                           Community tariff quota among the Member States;
    Having regard to the Treaty establishing the European                 whereas, in order to reflect as accurately as possible the
    Economic Community, and in particular Article 113                     true trend of the market in the products concerned,
    thereof.                                                              such allocation should be in proportion to the require­
                                                                          ments of the Member States, calculated by reference to
    Having regard to the proposal from the Commission,
                                                                          the statistics of each State's imports from Portugal over
   Whereas Article 9 of the Supplementary Protocol (') to                 a representative reference period and also to the
   the Agreement between the European Economic                            economic outlook for the quota period concerned;
                                                                   2
   Community           and    the    Portuguese          Republic ( ),
   completed by Council Regulation (EEC) No 2370/81                       Whereas available Community statistics give no infor­
   of 27 July 1981 laying down the arrangements appli­                    mation on the situation of Setubal muscatel wines on
                                                                   3
   cable to trade between Greece and Portugal ( ),                        the markets ; whereas, however, Portuguese statistics
   provides that customs duties on imports into the                       for exports of these products to the Community
   Community of certain wines originating in Portugal                     during the past three years can be considered to reflect
   shall be reduced:                                                     approximately the situation of Community imports;
                                                                         whereas, on this basis, the corresponding imports by
   — by 60 % in the case of the duties applicable to                     each of the Member States for the past three years
        Setubal muscatel wines falling within subheadings                represent the following percentages of the imports into
        ex 22.05 C III a) 1 and ex 22.05 C IV a) 1 of the                the Community from Portugal of the products
        Common Customs Tariff, up to a total annual tariff               concerned :
        quota of 2 000 hectolitres,
   — by 50 % in the case of the duties applicable to
        Setubal muscatel wines falling within subheadings                                                 1979     1980      1981
        ex 22.05 C III b) 1 and ex 22.05 C IV b) 1 of the
        Common Customs Tariff, up to a total annual tariff
       quota of 1 000 hectolitres ;                                      Setubal muscatel wines:
  Whereas Portugal has given an assurance that the price                 — in containers holding
  for wines originating in its territory will not be lower                    two litres or less:
  than the refernce price less the customs duties actually                    Benelux                      26       43        29
  charged; whereas, as a result thereof, the wines                            Denmark                       6        4        11
  covered by those tariff quotas should be treated in the
                                                                              Germany                      20       —        —
  same manner as wines granted preferential tariff
  concessions, provided the free-at-frontier reference                        Greece                      —         —        —
  price is observed ; whereas such wines benefit from the                     France                        8        8       —
  tariff concessions only if the provisions of Article 18 of                  Ireland                     —         —r       —
  Council Regulation (EEC) No 337/79 (<), as last
                                                  i r e
                                                                              Italy                       —         -p       —
 amended by (EEC) No3082/82 ( 5 )                         respected;
 whereas those provisions appfy to imports under those                       United Kingdom               40        45       60
 quotas ;                                                                — in containers holding
                                                                             more than two litres :
 Whereas it is in particular necessary to ensure for all
 Community importers equal and uninterrupted access                          Benelux                      —         —        —
 to the abovementioned quotas and uninterrupted                              Denmark                      —         —        —
 application of the rates laid down for these quotas to                      Germany                      —         —        —
 all imports of the products concerned into all Member
                                                                             Greece                       —         —        —
 States until the quotas have been used up; whereas,
                                                                             France                       —         —        —
                                                                             Ireland                      —         —        —
(')  OJ   No  L  348, 31.  12. 1979, p. 44.
 2
()   OJ   No  L  301, 31.  12. 1972, p. 165.                                 Italy                        —        —         — •
(>)  OJ   No  L  236, 21.  8. 1981, p. 1.
(«)  OJ   No  L  54, 5. 3.  1979, p. 1.                                      United Kingdom               —        —         —
OOJ       No F. 3 2 6 f   23.12.1982,          p.       1.
 ---pagebreak---                                                             --TV-                                          ANNEX C
 Whereas, in view of these factors and the estimates              from remaining unused in one Member State when it
 submitted by certain Member States, initial quota                could be used in others ;
 shares may be fixed approximately at the following
 percentages :                                                    Whereas, since the Kingdom of Belgium, the
                                                                  Kingdom of the Netherlands and the Grand Duchy of
                                                                  Luxembourg are united within and jointly represented
                              Setubal muscatel wines in
                                  containers holding :            by the Benelux Economic Union, any operation relat-
       Member States                                              ing to the administration of the quota shares allocated
                            two litres          more than         to that economic union may be carried out by any one
                              or less            two litres
                                                                  of its members,
 Benelux                        33                  20
 Denmark                          7                   5           HAS A D O P T E D THIS R E G U L A T I O N :
 Germany                          4                 20
Greece                            1                   1                                       Article    1
 France                           5                 20
                                                                  1.       From 1 July 1983 to 30 June 1 9 ^ , Community
 Ireland                          1                   5           tariff quotas shall be opened i n the Community for
                                                                  products originating in Portugal and within the limits
 Italy                            1                  9
                                                                  set out below :
United Kingdom                  48                  20
                                                                                                                         (hectolitres)
                                                                              CCT                                      Quota
                                                                          heading No             Description          amount
Whereas, in order to take into account import trends
for the products concerned in the various Member
States, each of the quota volumes should be divided
                                                                  ex 22.05 C III a) 1
                                                                  ex 22.05 C IV a) 1
                                                                                            Setùbal muscatel
                                                                                            wines
                                                                                                                  j    2 000
into two instalments, the first being shared among the
Member States and the second constituting a reserve to
                                                                  ex 22.05 C III b) 1
                                                                  ex 22.05 C IV b) 1
                                                                                            Setubal muscatel
                                                                                            wines
                                                                                                                  j    1 000
cover at a later date requirements of Member States
which have ujjd up their initial quota shares ; whereas,
in order to give importers in each Member State a
                                                                  2.       The C o m m o n Customs Tariff duties on wines
certain degree of security, the first instalment of the
                                                                  imported within these tariff quotas shall be suspended
Community quota should, under the present circum-                 at the rates set out below :
stances, be fixed at 50 % of each of the quota
volumes ;                                                                                                                  (ECU/hl)
                                                                                   CCT
                                                                                                              Rate of duty
                                                                                heading No
Whereas the Member States' initial shares may be used
up at different times ; whereas, in order to take this
fact into account and avoid any break in continuity,              ex 22.05 C III a) 1                             6-5
any Member State which has almost used up its initial
                                                                  ex 22.05 C IV a) 1                              7-0
quota shares should draw an additional share from the
                                                                  ex 22.05 C III b) 1                             6-6
corresponding reserve ; whereas this must be done by
each Member State as and when each of its additional              ex 22.05 C I V b)l                              7-2
shares is almost used up, and repeated as many times
as the reserve allows ; whereas the initial and addi-
tional shares must be valid until the end of the quota            W i t h i n these tariff quotas, Greece shall apply customs
period; whereas this method of administration                     duties calculated in accordance with the relevant
requires close cooperation bcrv; .-on Member States and           provisions of the 1979 Act of Accession and of Regu-
the Commission, and the latter must be in a position              lation (EEC) N o 2370/81.
to monitor the extent to which the quota volumes
have been used up and to inform the Member States                 3.       The wines shall benefit from these tariff quotas
thereof;                                                          only if Article 18 (3) and (4) of Regulation (EEC) N o
                                                                  337/79 is respected.
Whereas if, at a given date in the quota period, a
substantial quantity of an initial share remains unused                                        Article   2
in any Member State it is essential that that Member
State should return a signific' n proportion to the               1.       The tariff quotas referred to in Article 1 shall be
reserve to prevent a part of any Community quota                  divided into two instalments.
 ---pagebreak---                                                                      1JT-                                    ANNEX C
2.      A first instalment of each quota shall be allocated            4.        By way of derogation from paragraphs 1, 2 and 3,
among the Member States; the respective shares,                        a Member State may draw shares smaller than those
which subject to Article 5 shall be valid until 30 June                fixed in those paragraphs if there is reason to believe
1984,shall be as follows :                                              that these might not be used up. It shall inform the
                                                                        Commission of its reasons for applying this paragraph.
                                                         (hectolitres)
                                 Setubal muscatel wines under                                      Article   4
                                          subheadings :
        Member States
                                                                        Additional shares drawn pursuant to Article 3 shall be
                             ex 22.05 C III a) l ex 22.05 C III b) I
                                    and                 and             valid until 30 June 1 9 8 4 .
                             ex 22.05 C IV a) l  ex 22.05 C IV b) l
                                                                                                    Article    5
Benelux                             330                 100
 Denmark                              70                  25            The Member States shall return to the reserve, not later
                                                                         than l April 1984, such unused portion of their initial
 Germany                              40                 100                                                    m
                                                                         share as, on 15 March 19 84 , i s        excess of 20 % of
 Greece                               10                   5             the initial volume. They may return a larger quantity if
 France                               50                 100             there are grounds for believing that it may not be used.
 Ireland                              10                  25
                                                                         The Member States shall, not later than 1 April 1 9 8 4 ,
 Italy                                10                  45             notify the Commission of the total quantities of the
 United Kingdom                      470                 100             products in question imported up to 15 March 1984
                                                                         and charged against the Community quotas and of any
                     Total           990    ;            500              quantities of the initial shares returned to each reserve.
                                                                                                    Article   6
 3.      The second instalment of each quota, l 010 and
  500 hectolitres respectively, shall constitute the                      The Commission shall keep an account of the shares
  reserve.                                                                opened by the Member States pursuant to Articles 2
                                                                          and 3 and shall, as soon as it is notified, inform each
                                                                          Member State of the extent to which the reserve has
                             Article   3                                  been used up.
   1.    If 90 % or more of the Member State's initial                    It shall inform the Member States, not later than 5
  share as specified i n Article 2 (2), or of that share                  A p r i l 1984 of the amount of each reserve after quanti­
  minus the portion returned to the reserve where                         ties have been returned pursuant to Article 5.
  Article 5 is applied, has been used up, then, to the
   extent permitted by the amount of the reserve, that                    The Commission shall ensure that any drawing which
   Member State shall forthwith, by notifying the                          uses up the reserve is limited to the balance available
   Commission, draw a second share equal to 10 % of its                    and to this end shall indicate the amount thereof to
   initial share, rounded up where necessary to the next                   the Member State which makes such last drawing.
   unit.
                                                                                                     Article   7
   2.     If, after one of its initial shares has been used up,
   90 % or more of the second share drawn by a Member
                                                                            1.      The Member States shall take all measures neces­
   State has been used up, then, to the extent permitted
                                                                           sary to ensure that additional shares drawn pursuant to
   by the amount of the reserve, that Member State shall,
                                                                           Article 3 are opened in such a way that imports may
   in accordance with the conditions laid down in para­
                                                                           be charged without interruption against their accumu­
   graph l , draw a third share equal to 5 % of its initial
   share, rounded up where necessary to the next unit.                     lated shares of the Community quotas.
                                                                            2.      The Member States shall ensure that importers of
    3.    If, after one of its second shares has been used                  the products in question
    up, 90 % or more of the third share drawn by a                          have free access to the shares allocated to them.
    Member State has been used up, that Member State
    shall, i n accordance with the conditions laid down in                  3.      The extent to which a Member State has used up
    paragraph l , draw a fourth share equal to the third.                   its shares shall be determined on the basis of imports
                                                                            of the products i n question originating in Portugal and
    This process shall continue until the reserve is used                   entered with the customs authorities for free circula­
    up.                                                                     tion.
 ---pagebreak---                                                                                           ANNEX C
                       Article 8                                                 Article  10
A t the request of the Commission the Member States
shall inform it of imports of the products concerned
actually charged against their shares.                     This Regulation shall enter into force on 1 July 1983 .
                       Article 9
The Member States and the Commission shall
cooperate closely in order to ensure that this Regula­
tion is complied with.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels,
                                                                      For the    Council
                                                                        The President