CELEX: 51975PC0669
Language: en
Date: 1975-12-19
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL, opening, allocating and providing for the administration of the Community tariff quota for certain wines, falling within subheading ex 22.05 of the Common Customs tariff, originating in Cyprus (1976) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 669
Vol. 1975/0245
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(75)669 final
                                               Brussels . 19 December 1975
                              Proposal for a
                     REGULATION ( EEC ) OF THE COUNCIL
                opening, allocating and providing for the
            administration of the Community tariff quota for
         certain wines , falling within subheading ex 22.05 of the
             Common Customs tariff, originating in Cyprus ( 1976)
                ( submitted to the Council "by the Commission )
COM(75) 669 final
            /
 ---pagebreak---                        EXPLANATORY MEMORANDUM
 By virtue of the exchange of letters of               between the
 European Economic Community and the government of Cyprus , the
 Community undertakes to grant to imports into the Community
 tariff advantages to the products mentioned below within the
 limits and to the duty rates indicated as follows , if they
 are of Cyprus origin :
CCT heading                                                Rate of '
    No                 Description of goods    Volume      Reduction
 e« 22.05 C II a ) 1 ,
 ex 22.05 C IV a ) 1 \                                     )  60%
ex 22.05 C III b ) i ;           wines      250,000
                                              hectolitres  )
ex 22.05 C IV b) 1 |                                       Ï  52%
These wines will of course remain subject to provisions relating
 to the common organisation of the market in wines and subject to
observance of a minimum price fixed by the Community for comparable
wines from third countries .
In order to meet the Community 's obligations to Cyprus , rules have
to be adopted providing for the opening of the Community tariff
quota for these wines .
That is the object of the annexed i proposal .
                                                                     /
The provisions of the Regulation provide , as is normal , that each
of the volumes shall be divided into two instalments , the first
of which is to be allocated in quotas among all the Member States
and the second held as a reserve .
The allocation; on the first instalment is usually based on statistics
for the three preceding years and on forecasts for the period in
question . In the absence of specific Community statistics divided
up by types of wine , the initial quotas have been calculated *on
the basis of the most recent statistics for all wines imported from
 ---pagebreak---                                   2
      Cyprus during the years 1971 to 1973 . Given that Cyprus exports
      hardly any kinds of wine other than these , this data can in fact
      be considered as giving a rough picture of Community imports of
       the wines in question .
 4.   Community imports of wines from Cyprus
      - tariff heading° 22.05 of the CCT -              . • .hl -
                                                      - in
                  197J      [972       1_973     1974
      bx              9         -           - ;
      DK              -      176
                             176        227
                                        227   !
      G              56        96           - ;
                                              ' not available
      F              24        34        47   !
       IRL      1,431
                1,431     2,035
                          2,035       2,533 j
                                      2,533
      IT             48
                     48                     - |
      UK      207.804
              207,804   221,450
                        221.450     289,661
                                    289.661   '
      EEC     209,372   223,831     292,468
 5.   Note
      The attention of the Community authorities is particularly drawn
      to the fact that this proposal for a Regulation (EEC ) of the Council
      can only be finally approved by the Council and then published in
      the Official Journal of the European Communities for entry into
      force on            1976 , on condition that the following be approved
      at the same time and put into force on the same day :
      - the carrying out of the exchange of letters between the Community
      and t Cyprus relating to these wines
      - the modification of Annex IV of Regulation ( EEC ) N ) 816/ 70
      ( common organisation of the wine market) with a view to modifying
      the common customs tariff }
    i - the extension of Regulation (EEC) No 1120/75 to the Cyprus wines
      in quest ion .                      i
Annex : I proposal for a Regulation (EEC) of the Council .
 ---pagebreak---                                                  Proposal for a
                          REGULATION (EEC) No . */ 7^ OF THE COUNCIL
                                              or
              opening, allocating and providing for the administration of a Community tariff
              quota (or certairwincs, falling within heading No ex 22.05 of the Common
                                Customs Tariff, originating in Cyprus
THE COUNCIL OP THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 43
and 1 1 3 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parlia­
ment (■);
  Whereas the exchange of letters between the European Economic Community
                                                                                         f "Y ,
  and the Republic of Cyprus of                           1976 ( I ) provides for that 'the
  Community undertakes to afford the                           wines the benefit of a
  customs regime comparable with that afforded to wines classified in
  subheadings 22.05 C III a) 1 , 22.05 C III b ) 1 , 22.05 C IV a ) 1 and
  22.05 C IV b ) 1' of the Common Customs Tariff ;                  whereas this benefit is
  granted for an overall annual volume of 250,000 hectolitres for which
  the Common Customs Tariff duties are reduced by 60% for wines put
  up in containers holding 2 litres or less and by 52% for wine put up
  in containers holding more than 2 litres;' whereas these preferential
  regime is granted subject to observance of a minimum price fixed by
  the Community for comparable wines from third countries and of the
  Community wine-product rules ; whereas this Community tariff quota
  for these wines has to be opened ;
  ( 1 ) OJ No L               of                           1975 . p. ...
 ---pagebreak---  Whereas it is in particular necessary to ensure to all
 Community importers equal and uninterrupted access
  to the abovementioned quota and uninterrupted appli­
 cation of the rates laid down for that quota to all
  imports of the products concerned into all Member
 States until the quota has been used up ; whereas,
  having regard to the principles mentioned above, the
  Community nature of the quot.i can be respected by
  allocating the Community tariff qubta among the              y
  Member States ; whereas, in order to reflect most accu­
  rately the actual development of the market ir. the
  products concerned, such allocation should be in
   proportion to the needs of the Member States,
  assessed by reference both to the statistics of each
  Slate's imports from Cyprus over a representative
  period and to the economic outlook for the quota
  period concerned ; ,
    Whereas available Community statistics give no information
    on the situation of the wines in question on the markets ;
    whereas , however , the import statistics for all Cyprus
    wines of the tariff heading 22.05 to the Community during
    the years 1971 to 1973 can be considered to reflect
    approximately the situation of Community imports ; whereas
    on this basis the corresponding imports by each of the Member
    States during the past three years represent the following
    percentages of the imports into the Community from Cyprus
    of the products concerned : i
                               972      1 973       1974
 Bénélux                   0.01       0.00         0.00
 Denmark                   0.00       0.08         p.08
Germany                    0.02       0.04         0.00
France                     0.02       0.02         0.02
Ireland
                           0.68       0.93         0.87
Ihlv
                           0.02       0.00         0.00
United Kingdom
                         99.25      98.93        99.03
whereas, in view of these data
                                            initial quota
shares may he fixed approximately at the following
percentages :
         IVnclu*                          0.05
         Denmark                          0.15
         Germany                          0*05
         France                           0.03 .)
         Irrlm,                           l . 50
         •"'y
         Il     I
                                          0.05
        United Kingdom                 98 1 5
 ---pagebreak---                               3
  whereas, in order to take into account import trends
  for the pioducts concerned in the different Member
 States, the quota amount should l>c divided into two
 instalments, the first instalment being allocated
 among the Member States and the second forming a
  reserve intruded ultimately to cover the requirements
 of the Member States which have used up their initial
  quota shares ; whereas , in order to ensure a certain
 degree of security to importers in each Member State,
 the' first instalment of the Community quota should
 be determined at a level which, under present circum­
 stances, may be75 %         ''1C quota amount ;
 Whereas the initial quota shares of the Member States
 may be used up at different times ; whereas, in order
 to take this fact into account and avoid any break in
 continuity, any Member State having used up almost
 the whole of its initial quota share should draw an
 initial quota share from the reserve ; whereas this
 must be done by each Member State when each of its
additional quota shares is almost entirely used up, and
repeated as many times as the reserve allows ; whereas ,
the initial and additional quota shares must be avail­
able for use until the end of the quota period ;
whereas this method of administration calls for close
cooperation between Member States and the Commis­
sion , which must, in particular, be able to observe the
extent to which the quota amount is used and inform
Member States thereof ;                  1
Whereas, if at a specified date in the quota period a
considerable balance of the initial share remains in
one or other Member State, it is essential that that
Member State pays a large amount of it back into the
reserve, in order to avoid a part of the Community
quota remaining unused in one Member State when it
could be used in others ;
                                           I
Whereas, since the Kingdom of Belgium, the
Kingdom , of the Netherlands and the Grand Duchy of
Luxembourg are united in and represented by the
Benelux Economic Union, all transactions concerning
the administration of shares granted to the abovemen-
tioned economic union may be carried out by any of
its members,
HAS ADOPTED THIS REGULATION :
                        Article I
I.     For the period             to 31 December 1976,
a Community tariff quota of 250,000 hectolitres shall opened for
  •     wines           , originating in Cyprus falling
within subheadings ex 22.05 C 111 a) I , ex 22.05 C III
b) I , ex 22.05 C IV a) I and ex 22.05 C IV b) I of the
Common Customs Tariff.
 ---pagebreak---                            «
 2.    The Common Customs Tariff duties on wines
 imported within this tariff quota shall be suspended at
 the rates listed below :
           CCT ht «dîna No               Rate of dtrty
 ex 22.05 C 111 «) I                 5,4      u.a./hl
 cx 22 .OS C III b) I                5.8      «■•■/hl
 ex 2205 C IV a) I                   5 j      u.n /hl
 ex 22.05 C IV b) I             |
                    '            I
In the framework of this Community tariff quota the new
Member States apply                duty rates which have to be calculated
in conformity with the provisions provided for in the "Protocol
laying down certain provisions relating to the Agreement
establishing an Association between the European Economic
Community and the Republic of Cyprus ".
The benefit of the tariff quota shall be conditional
on observance of the minimum price fixed by the
Commission in accordance with the exchange of ••••••
between the EEC and the Republic of Cyprus .
                               Article 2
        1.   The tariff quota referred to in Article I shall be
       divided into two instalments.             '
       2.    A first instalment, amounting to 200,000 hectoli-
      tres of this quota, shall be shared among the Member
      States ; the shares which, subject to Article 5, shall be
      valid until 31 December 1976, shall consist of the
      following amounts :
                                                   fin hectolitres)
             Bénélux                                       100
             Dcnniark                                      300
             Germany                                       100
             France                                        100
             Ireland                                    3,000
             Italy                                         100
             United Kingdom                          | 95 300
      3.    The second instalment, amounting to " 50 , 000
      hrri»hites, shall constitute the reserve.
 ---pagebreak---                                      3
                              Article 3
      1.    If 90 % or more of the initial share of a Member
     State, as laid down in Article 2 (2), or 90 % or more of
     that share less the amount returned into the reserve,
     where the provisions of Article 5 have been applied,
     has been exhausted, that Member State shall proceed
     without delay, by notifying the Commission, to draw a
     second share equal to 1 .5 % of its • initial share,
     rounded up to the next unit where appropriate, to the
     extent that the amount in the reserve allows.
     2.    If, after its initial share has been exhausted,
     90 % of the second share drawn by a Member State
     has been used, that Member State shall proceed in the
     manner specified in paragraph I to draw a third share
    equal to 7-5 % of its initial share, rounded up to the
    next unit where appropriate, to the extint that the
    amount in the reserve allows.
    3. If, after its second share has been exhausted,
    90 % or more of the third share drawn by a Member
    State has been used, that Member State shall proceed,
    in the manner specified in paragraph I , to draw a
    fourth share equal to the third.
   This process shall be applied until the reserve is
   exhausted .
   4. Notwithstanding paragraphs I , 2 and 3, the
   Member States may proceed to draw shares smaller
   than those fixed in those paragraphs if there is reason
   to believe that those shares might not be used up.
   They shall inform the Commission of the reasons
   which led them to apply this paragraph.
                           Article 4
 The additional shares drawn pursuant to Article 3
 shall be valid until 31 December 1976.
                          Article J
                   /
The Member States shall return to the
reserve , not later than 1 October 1976 *
the unused portion of their initial
share which , on 15 S .- ptember 1976 , is
in excess of 7.07. of the initial amount .
They shall rdurn a larger quantity if
there are reasons t o ' cons icier that such
quantity might not be used ,
 ---pagebreak---                                                                  6
                                                                                     Artide 7
                                                              !•   The Member States Oiall take all appropriate
                                                             measures to ensure iliai .    Iu-n .<< Ulition.il shares arc
                                                             drawn pursuant to Article I, it is possible for charges
                                                             to be made without interruption against their accumu­
                                                             lated shares of ( he Community tariff quota.
                                                             2. The Member States shall ensure that importers
                                                             of the said goods established in their territory have
                                                             free access to the shares allocated to them.
                                                             3.    The extent to which a Member State has used up.
The Member States shall , not later than I October           its shares shall be determined on the basis of the
1976, notify the Commission of the total imports of         imports originating in Cyprusas and when the goods
the products concerned effected up to 15 September          ■ re entered for home use.
1976 inclusive and charged against the Community
quota and, where appropriate, the proportion of their                     -          Artille 8
initial shares that is being returned to the reserve.
                                                             On request ot tne commiaa iuii Member States
                        Article 6
                                                             give information about imports of the products
The Commission shall keep account of the shares
opened by Member States in accordance with Articles          concerned , actually charged against their shares .
2 and 3 and shall inform each of them of the extent                                  Article 9
to which the reserve has been used as soon as it
receives the notifications.
                                                             The Member States and the Commission shall coop­
The Commission shall , not later that 5 October 1976,        erate closely in order to ensure that the provisions of
notify Member States of the amount in the reserve            this Regulation are observed.
after the return of shares pursuant to Article 5.
The Commission shall ensure that any drawing which                                   Artide 10
uses up the reserve is limited to the balance available,
and for this purpose shall specify the amount thereof        This Regulation shall inter into force on
to the Member State which makes the final drawing.            1976.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels.
                                                                         For the Council
                                                                            The President
                                                         /