CELEX: 31976R3086
Language: en
Date: 1976-12-13 00:00:00
Title: Council Regulation (EEC) No 3086/76 of 13 December 1976 opening, allocating and providing for the administration of Community tariff quotas for port wines, falling within heading No ex 22.05 of the Common Customs Tariff, originating in Portugal (1977)

18 . 12. 76                          Official Journal of the European Communities                           No L 348 / 1
                                                              I
                                           (Acts whose publication is obligatory)
                                    COUNCIL REGULATION (EEC) No 3086/76
                                                   of 13 December 1976
               opening, allocating and providing for the administration of Community tariff
                quotas for port wines, falling within heading No ex 22.05 of the Common
                                   Customs Tariff, originating in Portugal ( 1977)
THE COUNCIL OF THE EUROPEAN                                      to the abovementioned quotas and uninterrupted
COMMUNITIES,                                                     application of the rates laid down for these quotas to
Having regard to the Treaty establishing the European            all imports of the products concerned into all Member
Economic Community, and in particular Articles 43                States until the quotas have been used up ; whereas,
and 113 thereof,                                                 having regard to the principles mentioned above, the
                                                                 Community nature of the quotas can be respected by
Having regard to the proposal from the Commission,               allocating the Community tariff quota among the
Having regard to the opinion of the European Parlia­             Member States :
ment ( J),
Whereas Article 4 of Protocol 8 to the Agreement
between the European Economic Community and the                  Whereas, in order to reflect most accurately the actual
Portuguese Republic (2), as amended by the Interim               development of the market in the products concerned,
Agreement between the European Economic Commu­                   such allocation should be in proportion to the needs
nity and the Portuguese Republic (3), provides that              of the Member States, assessed by reference both to
customs duties on imports into the Community of                  the statistics of each State's imports from Portugal
certain wines originating in Portugal, shall be                  over a representative period and to the economic
reduced :
                                                                 outlook for the quota period concerned ;
— by 60 % in the case of the duties applicable to
      port wines falling within subheadings ex 22.05 C
      III a) 1 and ex 22.05 C IV a) 1 of the Common
      Customs Tariff, up to a total annual tariff quota of       Whereas available Community statistics give no infor­
      35 000 hi, and                                             mation on the situation of port wines on the markets ;
— by 50 % in the case of the duties applicable to                whereas, however, Portuguese statistics for exports of
      port wines falling within subheadings ex 22.05 C           these products to the Community during the past
      III b) 1 and ex 22.05 C IV b) 1 of the Common              three years can be considered to reflect approximately
      Customs Tariff up to a total annual tariff quota of        the situation of Community imports ; whereas on this
      280 000 hi ;                                               basis the corresponding imports by each of the
                                                                 Member States for the past three years represent the
Whereas this reduction applies, in the case of the               following percentages of the imports into the Commu­
Community as originally constituted, to the Common               nity from Portugal of the products concerned :
Customs Tariff duties ; whereas in the case of the new
Member States, this reduction applies up to and                                                1 973    1974     1975
including 30 June 1977 to such duties as these States
apply at any given moment to imports from third
countries and from 1 July 1977 to the Common                     Port wines :
Customs Tariff duties ; whereas these wines will                 — in receptacles contai­
remain subject to the provisions governing the                       ning two litres or less :
common organization of the market in wine ;                          — Benelux                 14-4     13-4     18-8
                                                                     — Denmark                   3-5     4-1      60
Whereas it is in particular necessary to ensure for all              — Germany                 13-7      7-2     15-3
Community importers equal and uninterrupted access                   — France                  27-1    27-9      290
                                                                     — Ireland                   0-4     0-6      0-4
(») OJ No C 259, 4. 11 . 1976, p. 37.                                — Italy                   26-4    29-9      161
(2) OJ No L 301 , 31 . 12. 1972, p. 165.                             — United Kingdom          14-5     16-9     144
(3) OJ No L 266, 29 . 9 . 1976, p. 2.
 ---pagebreak--- No L 348/2                           Official Journal of the European Communities                                    18 . 12. 76
                                                                   end of the quota period ; whereas this method of
                               1973           1974          1975   administration calls for close cooperation between
                                                                   Member States and the Commission , which must, in
— in receptacles con­
                                                                   particular, be able to observe the extent to which the
     taining more than two                                         quota amounts are used and inform Member States
     litres :                                                      thereof ;
     — Benelux                 13-4           140          13-4
     — Denmark                  81             4-5          5-5    Whereas if, at a specified date in the quota period, a
     — Germany                  91            110          10-4    considerable balance of one of the initial quota shares
     — France                  40-9          41 0          39-4
                                                                   remains in one or other Member State it is essential
     — Ireland                  1-7            1-5           1-2   that that Member State pays a large amount of it back
     — Italy                    —              —
                                                            —    , into the reserve, in order to avoid a part of one or
     — United Kingdom          26-8          28 0           301    other of the Community quotas remaining unused in
                                                                   one Member State when it could be used in others ;
                                                                   Whereas, since the Kingdom of Belgium, the
Whereas, in view of these data and the estimates                   Kingdom of the Netherlands and the Grand Duchy of
submitted by certain Member States, initial quota                  Luxembourg are united in and represented by the
shares may be fixed approximately at the following                 Benelux Economic Union, all transactions concerning
percentages :                                                      the administration of shares granted to the abovemen­
                                                                   tioned economic union may be carried out by any of
                                                                   its members,
                                      Port wines in receptacles
                                              containing
                                    two litres         more than
                                     or less            two litres
                                                                    HAS ADOPTED THIS REGULATION :
Benelux                                16-6               14-6
Denmark                                 4-8                6-6
                                                                                             Article 1
Germany                                14-9                8-7
France                                29-7                42-5
Ireland                                 0-8                0-8      1 . For the period from 1 January to 31 December
Italy                                  18-8                01       1977, Community tariff quotas shall be opened for
United Kingdom                         144                26-7      products originating in Portugal, and within the limits
                                                                    listed below :
                                                                               CCT                                     Quota
                                                                                                 Description
Whereas, in order to take into account import trends                        heading No                                amount
for the products concerned in the different Member
States, each of the quota amounts should be divided
 into two instalments, the first instalment being allo­
                                                                    ex 22.05 C III a) 1
                                                                    ex 22.05 C IV a) 1        j Port wines          35 000 hi
cated among the Member States and the second
 forming a reserve intended ultimately to cover the
 requirements of the Member States which have used
                                                                    ex 22.05 C III b) 1
                                                                    ex 22.05 C IV b) 1        j Port wines         280 000 hi
 up their initial quota shares ; whereas, in order to
 ensure a certain degree of security for importers in
                                                                    2.    The Common Customs Tariff duties on wines
 each Member State, the         first instalment of the
 Community quotas should be determined at a level                   imported within these tariff quotas shall be suspended
                                                                    at the rates listed below :
 which, under present circumstances, may be 90 % of
 each of the quota amounts ;
                                                                              CCT heading No                 Rate of duty
 Whereas the initial quota shares of the Member States              ex  22.05 C   III a) 1                   54   u.a./ hl
 may be used up at different times ; whereas, in order               ex 22.05 C   IV  a) 1                   5-8  u.a./ hl
 to take this fact into account and avoid any break in               ex 22.05 C   III b)  1                  5-5  u.a./hl
 continuity, any Member State having used up almost                  ex 22.05 C   IV  b)  1                  6-0  u.a./ hl
 the whole of any one of its initial quota shares should
 draw an additional quota share from the corres­
 ponding reserve ; whereas this must be done by each                 3 . Within the limits of these tariff quotas and up to
 Member State when each of its additional quota shares               and including 30 June 1977, the new Member States
  is almost entirely used up, and repeated as many times             shall apply the duties calculated in accordance with
 as the reserve allows ; whereas the initial and addi­               the provisions set out in Protocol 8 annexed to the
  tional quota shares must be available for use until the            Agreement and in the Act of Accession .
 ---pagebreak--- 18 . 12. 76                             Official Journal of the European Communities                                 No L 348 /3
                         Article 2                                        4. Notwithstanding paragraphs 1 , 2 and 3, the
                                                                          Member States may proceed to draw shares smaller
1.    The tariff quotas laid down in Article 1 shall be                   than those fixed in those paragraphs if there is any
divided into two instalments.                                             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.
2. A first instalment of each quota shall be shared
among the Member States ; the shares which, subject
to Article 5, shall be valid until 31 December 1977
                                                                                                  Article 4
shall consist of the following amounts :
                                                         (in hectolitres)
                                                                          Each of the additional shares drawn pursuant to
                                                                          Article 3 shall be valid until 31 December 1977.
                                 Port wines under subheadings
                          ex 22.05 C III a) 1    ex 22.05 C III b) 1
                                  and                     and
                          ex 22.05 C IV a) 1     ex 22.05 C IV b) 1                               Article 5
Benelux                         5  250                 36   790           The Member States shall return to the reserve, not
Denmark                         1  500                  16  630           later than 1 October 1977, the unused portion of their
Germany                         4  690                 22   000           initial share which, on 15 September 1977, is in
France                          9  350                107   100
                                                                          excess of 20 % of the initial amount. They may return
Ireland                            250                    2 000
                                                                          a larger quantity if there are reasons to believe that
Italy                           5 920                       100
                                                                          such quantity might not be used.
United Kingdom                  4 540                  67 380
                  Total       31 500                 252 000              The Member States shall, not later than 1 October
                                                                          1977, notify the Commission of the total imports of
                                                                          the products concerned effected up to 15 September
                                                                          1977 inclusive and charged against the Community
3. The second instalment of each quota, 3 500                             quotas and, where appropriate, the proportion of their
hectolitres and 28 000 hectolitres respectively, shall                    initial shares that is being returned to each reserve.
constitute the reserve .
                                                                                                  Article 6
                         Article 3
                                                                          The Commission shall keep account of the shares
1.    If 90 % or more of one of the initial shares of a                   opened by Member States in accordance with Articles
Member State, as laid down in Article 2 (2) or 90 % or                    2 and 3 and shall inform each of them of the extent
more of that share less the amount returned into the                      to which the reserves have been used as soon as it
reserve, where the provisions of Article 5 have been                      receives the notifications.
applied, has been exhausted, that Member State shall
proceed without delay, by notifying the Commission,                       The Commission shall, not later than 5 October 1977,
to draw a second share equal to 1 5 % of its initial                      notify Member States of the amount in each reserve
share, rounded up to the next unit where appropriate,                     after the return of shares pursuant to Article 5.
to the extent that the amount in the reserve allows .
                                                                          The Commission shall ensure that any drawing which
2.    If, after one or other of its initial shares has been               uses up any reserve is limited to the balance available
exhausted, 90 % or more of the second share drawn                         and for this purpose, shall specify the amount thereof
by a Member State has been used, that Member State                        to the Member State which makes the final drawing.
shall proceed in the manner specified in paragraph 1
to draw a third share equal to 7-5 % of its initial
share, rounded up to the next unit where appropriate,                                             Article 7
to the extent that the amount in the reserve allows.
                                                                          1.     The Member States shall take all appropriate
3.    If, after one of its second shares has been                         measures to ensure that, when additional shares are
exhausted, 90 % or more of the third share drawn by                       drawn pursuant to Article 3, it is possible for charges
a Member State has been used, that Member State                           to be made, without interruption, against their accu­
shall proceed in the manner specified in paragraph 1 ,                    mulated shares of the Community tariff quotas.
to draw a fourth share equal to the third.
                                                                          2. The Member States shall ensure that importers
This process shall be applied until the reserve is                        of the said goods established in their territory have
exhausted .                                                               free access to the shares allocated to them .
 ---pagebreak--- No L 348/4                       Official Journal of the European Communities                           18 . 12. 76
3.    The extent to which a Member State has used up                               Article 9
its shares shall be determined on the basis of the
imports originating in Portugal as and when the goods       The Member States and the Commission shall coop­
are entered for home use.                                   erate closely in order to ensure that the provisions of
                                                            this Regulation are observed.
                       Article 8
                                                                                   Article 10
At the Commission s request Member States shall
inform it of imports of the products concerned actu­        This Regulation shall enter into force on 1 January
ally charged against their shares.                          1977.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 13 December 1976.
                                                                        For the Council
                                                                         The President
                                                                       M. van der STOEL